Human Rights Code
1. Every person has a right to equal treatment with respect to services, goods and facilities, without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, marital status, family status or handicap. R.S.O. 1990, c. H.19, s. 1.
3. Every person having legal capacity has a right to contract on equal terms without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, marital status, family status or handicap. R.S.O. 1990, c. H.19, s. 3.
5.--(1) Every person has a right to equal treatment with respect to employment without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, record of offences, marital status, family status or handicap.
11.--(1) A right of a person under Part I is infringed where a requirement, qualification or factor exists that is not discrimination on a prohibited ground but that results in the exclusion, restriction or preference of a group of persons who are identified by a prohibited ground of discrimination and of whom the person is a member, except where,
(a) the requirement, qualification or factor is reasonable and bona fide in the circumstances; or
(b) it is declared in this Act, other than in section 17, that to discriminate because of such ground is not an infringement of a right.
RESTRICTIONS FOR INSURANCE CONTRACTS, ETC.
22. The right under sections 1 and 3 to equal treatment with respect to services and to contract on equal terms, without discrimination because of age, sex, marital status, family status or handicap, is not infringed where a contract of automobile, life, accident or sickness or disability insurance or a contract of group insurance between an insurer and an association or person other than an employer, or a life annuity, differentiates or makes a distinction, exclusion or preference on reasonable and bona fide grounds because of age, sex, marital status, family status or handicap. R.S.O. 1990, c. H.19, s. 22.
EMPLOYMENT CONDITIONAL ON MEMBERSHIP IN PENSION PLAN
25.--(1) The right under section 5 to equal treatment with respect to employment is infringed where employment is denied or made conditional because a term or condition of employment requires enrolment in an employee benefit, pension or superannuation plan or fund or a contract of group insurance between an insurer and an employer, that makes a distinction, preference or exclusion on a prohibited ground of discrimination.
PENSION OR DISABILITY PLAN
(2) The right under section 5 to equal treatment with respect to employment without discrimination because of age, sex, marital status or family status is not infringed by an employee superannuation or pension plan or fund or a contract of group insurance between an insurer and an employer that complies with the Employment Standards Act and the regulations thereunder.
EMPLOYEE DISABILITY AND PENSION PLANS: HANDICAP
(3) The right under section 5 to equal treatment with respect to employment without discrimination because of handicap is not infringed,
(a) where a reasonable and bona fide distinction, exclusion or preference is made in an employee disability or life insurance plan or benefit because of a pre-existing handicap that substantially increases the risk;
(b) where a reasonable and bona fide distinction, exclusion or preference is made on the ground of a pre-existing handicap in respect of an employee-pay-all or participant-pay-all benefit in an employee benefit, pension or superannuation plan or fund or a contract of group insurance between an insurer and an employer or in respect of a plan, fund or policy that is offered by an employer to employees if they are fewer than twenty-five in number.
(4) An employer shall pay to an employee who is excluded because of a handicap from an employee benefit, pension or superannuation plan or fund or a contract of group insurance between an insurer and the employer compensation equivalent to the contribution that the employer would make thereto on behalf of an employee who does not have a handicap. R.S.O. 1990, c. H.19, s. 25.
Note: The Financial Services Commission Act 1998 amends the Insurance Act and replaces the term “Commissioner of Insurance” with “Superintendent of Financial Services”.
224.(1) In this Part,
"spouse" means either of a man and a woman who,
(a) are married to each other,
(b) have together in good faith entered into a marriage, or
Note: On a day to be named by proclamation of the Lieutenant Governor, clause (b) of the definition of "spouse" is repealed and the following substituted:
(b) have together entered into a marriage that is voidable or void, in good faith on the part of the person asserting a right under this Act, or
See: 1996, c. 21, ss. 15 (3), 52.
(c) are not married to each other and have cohabited continuously for a period of not less than three years, or have cohabited in a relationship of some permanence if they are the natural or adoptive parents of a child; ("conjoint")
RATES AND RATING BUREAUS
Application re risk classification system, rates
410. (1) Every insurer shall apply to the Commissioner for approval of,
(a) the risk classification system it intends to use in determining the rates for each coverage and category of automobile insurance; and
- (b) the rates it intends to use for each coverage and category of automobile insurance.
412. (9) If the Commissioner notifies an applicant that he or she has not approved an application, the Commissioner shall hold a hearing.
Hearing, public interest
(10) The Commissioner shall not approve an application if the Commissioner considers that it is in the public interest to hold a hearing on the application. R.S.O. 1990, c. I.8, s. 412 (4-10).
Refusal to approve
- 412.1 (1) The Commissioner shall refuse to approve an application under section 410 if the Commissioner considers that the proposed risk classification system or rates are not just and reasonable in the circumstances.
(2) The Commissioner shall refuse to approve an application under section 410 respecting a proposed risk classification system that the Commissioner considers,
(a) is not reasonably predictive of risk; or
- (b) does not distinguish fairly between risks.
(3) The Commissioner shall refuse to approve an application under section 410 respecting proposed rates that the Commissioner considers would impair the solvency of the applicant or are excessive in relation to the financial circumstances of the insurer.
(4) In deciding on an application under section 410, the Commissioner may take into account financial and other information and such other matters as may directly or indirectly affect the applicant's proposed rates or the applicant's ability to underwrite insurance using the proposed risk classification system.
UNFAIR AND DECEPTIVE ACTS AND
PRACTICES IN THE BUSINESS OF INSURANCE
438. For the purposes of this Part,
. . .
"unfair or deceptive acts or practices" includes,
(a) the commission of any act prohibited under this Act or the regulations,
(b) any unfair discrimination between individuals of the same class and of the same expectation of life, in the amount or payment or return of premiums, or rates charged by it for contracts of life insurance or annuity contracts, or in the dividends or other benefits payable thereon or in the terms and conditions thereof,
(c) any unfair discrimination in any rate or schedule of rates between risks in Ontario of essentially the same physical hazards in the same territorial classification,
. . .
439. No person shall engage in any unfair or deceptive act or practice. R.S.O. 1990, c. I.8, s. 439.
Superintendent may investigate
440. The Superintendent may examine and investigate the affairs of every person engaged in the business of insurance in Ontario in order to determine whether such person has been, or is, engaged in any unfair or deceptive act or practice. R.S.O. 1990, c. I.8, s. 440.
EMPLOYMENT STANDARDS ACT
No differentiation because of age, etc.
33. (2) Except as provided in the regulations, no employer or person acting directly on behalf of an employer shall provide, furnish or offer any fund, plan, arrangement or benefit that differentiates or makes any distinction, exclusion or preference between employees or a class or classes of employees or their beneficiaries, survivors or dependants because of the age, sex or marital status of the employees.
Powers of Director
33. (4) Where, in the opinion of the Director, an employer, an organization of employers or employees or a person acting directly on behalf of an employer or such organization may have acted contrary to subsection (2), the Director may exercise the power conferred by subsection 69 (1), and section 69 applies with necessary modifications.
33.(5) In addition to the powers conferred by section 84, the Lieutenant Governor in Council may make regulations respecting any matter or thing necessary or advisable to carry out the intent and purpose of this Part,
The prohibition in subsection 33 (2) of the Act does not apply to,
(c) the exclusion from benefits under a short or long term disability insurance plan of a female employee during the period of leave-of-absence to which she is entitled under Part XI of the Act, or any greater period of leave-of-absence that she has applied for under any term of a contract of employment, oral or written, express or implied, that prevails over Part XI of the Act. R.R.O. 1990, Reg. 321, s. 8.
PREGNANCY AND PARENTAL LEAVE
Rights during leave
42. (1) During pregnancy leave or parental leave, an employee continues to participate in each type of benefit plan described in subsection (2) that is related to his or her employment unless he or she elects in writing not to do so.
- (2) For the purpose of subsection (1), the types of plans are pension plans, life insurance plans, accidental death plans, extended health plans, dental plans and any other type of benefit plans that are prescribed.
- (3) During an employee’s pregnancy leave or parental leave, the employer shall continue to make the employer’s contributions for any plan described in subsection (2) unless the employee gives the employer a written notice that the employee does not intend to pay the employee’s contributions, if any.
- (4) Seniority continues to accrue during pregnancy or parental leave. 1990, c. 26, s. 2, part.
Employment standards officer may make order
45. When an employer fails to comply with the provisions of this Part, an employment standards officer may order what action, if any, the employer shall take or what the employer shall refrain from doing in order to constitute compliance with this Part and may order what compensation shall be paid by the employer to the Director in trust for the employee. R.S.O. 1980, c. 137, s. 39