Abramova v. Bank of Nova Scotia, 2010 HRTO 660

Human Rights Tribunal of Ontario

BETWEEN:

Lidia Abramova Applicant

-and-

Bank of Nova Scotia and Augusta Tiberio Respondents

DECISION

Adjudicator: Brian Eyolfson Date: March 25, 2010 Citation: 2010 HRTO 660 Indexed as: Abramova v. Bank of Nova Scotia

1This is an Application filed on December 15, 2009, under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19 as amended (the “Code”), alleging discrimination in employment.

2On February 2, 2010, the Tribunal administratively issued a Notice of Intent to Dismiss, advising the applicant that the Application may be outside the Tribunal’s jurisdiction because “the Respondent appears to be a federal government department, agency or a federally regulated business or service.” The Notice invited the applicant to provide written submissions on the jurisdictional issue raised in the Notice, within 30 days of the date of the Notice. The Notice advised the applicant that if she did not make submissions within the required time, the Tribunal would make its decision based only on the information in the Application.

3The applicant has not provided submissions and the time for doing so has elapsed.

4The Code only applies to matters that fall within provincial, rather than federal, jurisdiction. The Canadian Human Rights Commission has the power to deal with various human rights matters that fall under federal jurisdiction. Under s.91(15) of the Constitution Act, 1867, the federal Parliament has jurisdiction over “Banking, Incorporation of Banks, and the Issue of Paper Money”. The Code therefore does not apply to banks.

5Based on the material before me, I find that the Tribunal has no jurisdiction over this Application. The Application is therefore dismissed.