Bill 9, Gender-Based Price Discrimination Prohibition Act, 2005

Versions

Bill 9 2005

An Act to prohibit
price discrimination on
the basis of gender

Preamble

Throughout the course of our recent history, our Province has enacted a Human Rights Code and passed laws to eliminate injustices committed against people on the basis of gender, ethnic and religious persuasions and sexual orientation.

In spite of all of these efforts, a lot of work still needs to be done to eliminate systemic discriminatory practices that continue to this very day. One such practice is discriminatory pricing on the basis of gender.

In order to create a society where people are judged by the content of their character rather than their physical characteristics, practices such as these must be eliminated.

As a result, it is appropriate to prohibit gender-based discriminatory pricing.

Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Definition

1. In this Act,

"gender-based pricing" means the practice of charging a different price for the same goods or services on the basis of gender.

Prohibition against gender pricing

2. (1) No person shall engage in gender-based pricing.

Limitation

(2) Nothing in subsection (1) prevents price differences that are based upon the cost, difficulty or effort of providing the goods or services.

Human Rights Code protection continued

3. Nothing in section 2 abrogates or diminishes the right of a person to equal treatment with respect to services, goods and facilities under section 1 of the Human Rights Code.

Complaints under Human Rights Code

4. (1) A person who believes that the right of the person to be free from gender-based pricing has been infringed may file a complaint with the Ontario Human Rights Commission.

Same

(2) Part IV of the Human Rights Code applies with necessary modifications to a complaint filed under subsection (1).

Right to commence an action

5. (1) In addition to the right to file a complaint under section 4, if a person believes the person's right to be free from gender-based pricing has been infringed, the person may commence an action in the Superior Court of Justice.

Judgment

(2) In addition to an award of damages as a result of a gender-based pricing action commenced under subsection (1), the court may award exemplary or punitive damages or such other relief as it considers appropriate.

Penalty

6. Every person who contravenes this Act is guilty of an offence and on conviction is liable to a fine of not more than $2,000 for a first offence and not more than $5,000 for a subsequent offence.

Commencement

7. This Act comes into force on the day it receives Royal Assent.

Short title

8. The short title of this Act is the Gender-Based Price Discrimination Prohibition Act, 2005.

EXPLANATORY NOTE

The Bill prohibits price discrimination on the basis of gender. Individuals who face price discrimination on the basis of gender may file a complaint to which Part IV of the Human Rights Code applies or the person may commence an action in the Superior Court of Justice. Persons who practise price discrimination on the basis of gender may be prosecuted.