Sandra Glover v. Canada Pension Plan and School District 36, Surrey British Columbia, 2010 HRTO 1364

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Sandra Glover

Applicant

-and-

Canada Pension Plan and School District 36, Surrey British Columbia

Respondents

INTERIM DECISION

Adjudicator: Brian Cook

Date: June 16, 2010

Citation: 2010 HRTO 1364

Indexed as: Glover v. Canada Pension Plan

Reasons for Decision

1The applicant filed an Application under s. 34 of the Ontario Human Rights Code, R.S.O. 1990, c. H.19, as amended, on April 14, 2010, alleging discrimination in her employment with a School Board in British Columbia and discrimination by the Canada Pension Plan for denying her application for a disability pension.

2On May 27, 2010 the Tribunal issued a Notice of Intent to Dismiss under Rule 13.2 of its Rules of Procedure. The Notice stated that it appeared that the Tribunal may not have jurisdiction to deal with the Application because the allegations concerning the School Board did not happen in Ontario and the allegations against the Canada Pension Board relate to a federal government agency. The applicant was invited to make written submissions on why her Application should not be dismissed.

3The applicant filed submissions on June 8, 2010. The submissions elaborate on the allegations set out in the Application.

4The Tribunal was created by a provincial statute and applies only to matters that are under the jurisdiction of the Province of Ontario. The Province of Ontario has no jurisdiction over the Canada Pension Plan because it is under the jurisdiction of the federal government. The Canadian Human Rights Commission has jurisdiction over matters that fall under the jurisdiction of the federal government.

5The Province of Ontario also has no jurisdiction over school boards in British Columbia as they fall under the jurisdiction of the Province of British Columbia. I note that the materials filed by the applicant include an application from the British Columbia Human Rights Tribunal.

6It is plain and obvious that the Human Rights Tribunal of Ontario has no jurisdiction over the allegations raised in the Application and the Application must be dismissed on that basis.