Currently, section 29 of the Human Rights Code sets out the Ontario Human Rights Commission’s functions. The Bill amends section 29 of the Code to provide that the Commission’s functions must be carried out independently and in a manner consistent with the Principles relating to the Status of National Institutions adopted by the United Nations General Assembly.
The Bill also amends the Code to incorporate the current memorandum of understanding between the Attorney General and the Chief Commissioner into Part III of the Code.
Bill 183 2020
Act to amend the Human Rights Code with respect to
measures to strengthen the Ontario Human Rights Commission’s independence
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1 Section 29 of the Human Rights Code is amended by striking out “The functions of the Commission are to promote” at the beginning and substituting “The functions of the Commission are, independently and in a manner consistent with the Principles relating to the Status of National Institutions adopted by the United Nations General Assembly on December 20, 1993 and published by the United Nations High Commissioner for Human Rights, to promote”.
2 The Code is amended by adding the following section:
Memorandum of understanding incorporated into Part III
29.1 (1) The memorandum of understanding dated February 19, 2019, between the Attorney General and the Chief Commissioner, on behalf of the Commission, is incorporated into this Part.
(2) Despite subsection (1), section 7 of the memorandum of understanding (Duration, review and amendment) is not incorporated into this Part.
(3) The Commission shall comply with the memorandum of understanding, but the failure to do so does not affect the validity of any action taken by the Commission or give rise in any person to any rights or remedies.
Compliance, Attorney General
(4) The Attorney General shall comply with the requirements of the memorandum of understanding.
3 This Act comes into force on the day it receives Royal Assent.
4 The short title of this Act is the Strengthening Human Rights in Ontario Act, 2020.