HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Sheldon Yang
Applicant
-and-
Symcor Inc.
Respondent
DECISION
Adjudicator: Ena Chadha
Indexed as: Yang v. Symcor
1The applicant filed an Application under section 34 of the Ontario Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), on January 20, 2010, alleging discrimination in employment on the basis of record of offences. Although the applicant cited the ground of “record of offences”, it appears from his narrative that he alleges unfair treatment related to other grounds, i.e. race or ethnic origin.
2The respondent filed a Request for an Order on April 28, 2010, asking that the Tribunal dismiss the Application on the basis that the respondent is a federally regulated business.
3On May 12, 2010, the applicant filed his Response to the respondent’s Request for an Order. He accepts that his Application is outside the jurisdiction of the Tribunal. However, the applicant also requests that the Tribunal refer his Application to the Canadian Human Rights Commission.
DECISION
4The Tribunal has no jurisdiction to proceed with this Application.
5The Code only applies to matters that fall within provincial jurisdiction and does not apply to federally regulated businesses. Pursuant to subsection 91(15) of the Constitution Act, 1867, (U.K.), 30 & 31 Victoria, c. 3, banking, incorporation of banks and the issue of paper money are within federal jurisdiction. The Canadian Human Rights Commission has power to deal with human rights matters that fall under federal jurisdiction.
6Based on the information provided by the parties, the respondent is a federally regulated company in the business of processing banking transactions. The respondent submits that provincial and federal agencies, as well as itself, have always treated the respondent as subject to federal legislation, including a 2005 decision by the Ontario Labour Relations Board finding that the respondent is federal undertaking. As such, I find that the Tribunal does not have jurisdiction over this Application.
7The Tribunal has no authority to refer Applications to other adjudicative bodies. The applicant must independently file his complaint with the Canadian Human Rights Commission.
8The Application is dismissed.
Dated at Toronto, this 2nd day of June, 2010.
”signed by”_____________
Ena Chadha
Vice-chair