Pat Tassone v. Canpar Transport L.P., 2009 HRTO 1931

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Pat Tassone

Applicant

-and-

Canpar Transport L.P.

Respondent

DECISION

Adjudicator: Michelle Flaherty

Date: November 12, 2009

Citation: 2009 HRTO 1931

Indexed as: Tassone v. Canpar Transport

1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, (the “Code”) on August 18, 2009 alleging discrimination in the context of employment on the basis of disability. The Application names Canpar Transport L.P. as a respondent and identifies the United Steelworkers, Local 1976 (“Union”) as an affected party.

2On October 5, the respondent filed a Request for an Order During Proceedings (Request) asking that the Application be dismissed. The respondent stated that it is a federally-regulated organisation and, as such, its dealings fall outside the jurisdiction (power) of the Tribunal. The respondent provided copies of documents which show that it is engaged in an employment equity process involving the Canadian Human Rights Commission.

3The applicant did not respond to the Request and the time for doing so under the Tribunal’s Rules of Procedure (“Rules”) has elapsed.

4The Union filed a Request to Intervene and a response to the Request on October 19, 2009. The Union supports the respondent’s Request and also submits that the respondent is governed by federal legislation. It provided a copy of the collective agreement between the Union and the respondent, which references federal labour and employment legislation.

5In the circumstances, I am satisfied that the evidence provided by the parties clearly establishes that this matter is governed by federal legislation. I find that the respondent is federally regulated and that the Tribunal does not have jurisdiction to deal with the Application. Accordingly, the Application is dismissed.