Bill 224 2009

An Act to amend the Human Rights Code respecting gender identity

Note: This Act amends the Human Rights Code.  For the legislative history of the Act, see the Table of Consolidated Public Statutes – Detailed Legislative History at www.e-Laws.gov.on.ca.

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

   1.  Section 1 of the Human Rights Code is amended by adding "gender identity" after "sexual orientation".

   2.  Subsection 2 (1) of the Act is amended by adding "gender identity" after "sexual orientation".

   3.  Section 3 of the Act is amended by adding "gender identity" after "sexual orientation".

   4.  Subsection 5 (1) of the Act is amended by adding "gender identity" after "sexual orientation".

   5.  Section 6 of the Act is amended by adding "gender identity" after "sexual orientation".

   6.  (1)  Subsection 7 (1) of the Act is amended by adding "or gender identity" after "sex".

   (2)  Subsection 7 (2) of the Act is amended by adding "or gender identity" after "sex".

Commencement

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

Short title

   8.  The short title of this Act is Toby's Act (Right to be Free from Discrimination and Harassment Because of Gender Identity), 2009.

EXPLANATORY NOTE

The Bill amends the Human Rights Code to specify that every person has a right to equal treatment without discrimination because of gender identity with respect to,

  (a)   services, goods and facilities (section 1 of the Code);

  (b)   accommodation (subsection 2 (1) of the Code);

  (c)   contracting (section 3 of the Code);

  (d)   employment (subsection 5 (1) of the Code); and

  (e)   membership in a trade union, trade or occupational association or self-governing profession (section 6 of the Code).

The Bill also amends the Code to specify that every person has a right to be free from harassment because of gender identity with respect to,

  (a)   accommodation (subsection 7 (1) of the Code); and

  (b)   employment (subsection 7 (2) of the Code).