Ontario Legislature Tables Two New Human Rights Bills

  • May 09, 2019
  • Giovanna Di Sauro

Bottom Line

In the fall of 2018, the Ontario Legislature tabled two bills proposing significant amendments to the Ontario Human Rights Code. If enacted, Bill 35 and Bill 40 would introduce new non-discrimination obligations for provincially regulated employers.

Bill 40, Human Rights Code Amendment Act (Genetic Characteristics), 2018

Progressive Conservative MPP Christina Mitas has recently introduced Bill 40, the Human Rights Code Amendment Act (Genetic Characteristics), 2018. Bill 40, a private member’s bill, has already passed second reading and has been referred to the Standing Committee on the Legislative Assembly.

If enacted, Bill 40’s amendments to the Human Rights Code would prevent discrimination based on genetic characteristics. It would also introduce human rights exemptions for insurance contracts, which would be permitted to make distinctions, exclusions or preferences on reasonable and bona fide grounds because of genetic characteristics.

Under Bill 40, employers would be prohibited from discriminating against employees on the basis of their genetic characteristics. “Genetic characteristics” would be defined as the genetic traits of an individual, including traits that may cause or increase the risk to develop a disorder or disease.