Bill 107, the amendment act to the Human Rights Code, passed its third reading on Dec. 4, 2006, and is expected to become law some time next year. How Bill 107 will affect employers remains to be seen, but employers should be aware of three changes emerging from this legislation, according to lawyers at Fasken Martineau DuMoulin in Toronto.
Money talks
Under the current Human Rights Code, there is a $10,000 limit for damages for mental distress. Bill 107 will remove this limit and will also introduce the possibility of punitive fines up to $25,000 for each violation of human rights legislation.
With the Tribunal’s monetary power, compensation for damages may increase, according to Fasken Martineau DuMoulin.
Go directly to the tribunal
Currently, complainants file grievances to the Human Rights Commission. Under Bill 107, they will now bypass the Commission and file with the Human Rights Tribunal directly. The government will establish and fund Human Rights Legal Resource Centres, offering a variety of legal services, including counsel. With legal counsel from the Centres and from employees’ own private counsel, many more lawyers will be engaged in the whole process.
This could be a positive for employers, as human rights cases may be handled more efficiently, according to Fasken Martineau DuMoulin. Or as a negative, said the firm, because with counsel, complainants may become more knowledgeable and more aggressive in their demands.
Longer shelf life
The longevity of complaints will increase with Bill 107. As of now the period for filing a complaint is six months. When the bill passes, it will be extended to 12 months.
This could prove time-consuming and frustrating for employers as they may have to dig deep into files to answer to complaints that are more than six months old, according to Fasken Martineau DuMoulin.
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