Bill 147 2013

An Act to amend the Human Rights Code with respect to the awarding of costs of proceedings

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

   1.  The Human Rights Code is amended by adding the following section:

Costs of proceedings

   45.3.1  (1)  The Tribunal may award the costs of a proceeding under this Part.

Payment

   (2)  The Tribunal may order to whom and by whom the costs are to be paid.

Assessment

   (3)  The Tribunal may fix the amount of the costs or direct that the amount be assessed and it may direct the scale according to which they are to be assessed and by whom they are to be assessed.

Considerations not limited

   (4)  In awarding costs, the Tribunal is not limited to the considerations that govern awards of costs in any court.

Conflict re Statutory Powers Procedure Act

   (5)  This section applies despite sections 17.1 and 32 of the Statutory Powers Procedure Act.

Application

   (6)  This section applies to proceedings commenced on or after the day this section comes into force.

Commencement

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

Short title

   3.  The short title of this Act is the Human Rights Code Amendment Act (Awarding of Costs), 2013.

EXPLANATORY NOTE

Currently, under the Statutory Powers Procedure Act, a tribunal is permitted to award costs if certain preconditions exist.  The Human Rights Code is amended to provide for the awarding of costs by the Human Rights Tribunal of Ontario.  The amendments to the Code prevail over the Statutory Powers Procedure Act.