Thayanithy Mathiyaparanam v. Symcor Inc., 2011 HRTO 1559

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Thayanithy Mathiyaparanam

Applicant

-and-

Symcor Inc.

Respondent

decision

Adjudicator: Keith Brennenstuhl

Date: August 19, 2011

Citation: 2011 HRTO 1559

Indexed as: Mathiyaparanam v. Symcor Inc.

1The applicant filed an Application made under s. 34 of the Human Rights Code R.S.O. 1990, c. H. 19 as amended (the “Code”) on April 20, 2011 alleging discrimination in employment on the basis of race, colour and ethnic origin.

2The respondent filed a Request for Order (“Request”) on July 21, 2011 asking that the Tribunal dismiss the Application on the basis that the respondent is a federally regulated business.

3On August 9, 2011, the applicant filed his Response to the respondent’s Request. His position is that since he is a resident of Ontario he is entitled to the protection of this Tribunal.

DECISION

4This Tribunal does not have the jurisdiction to proceed with this Application.

5The Code only applies to matters that fall within provincial jurisdiction. It does not apply to businesses that are federally regulated. According to subsection 91(15) of the Constitution Act, 1987, (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 the power to deal with human rights matters that fall within federal jurisdiction.

6Based on the material provided by the parties, it would appear that the respondent is a federally regulated company in the business of processing banking transactions. The respondent indicates that provincial and federal agencies have always treated the respondent as subject to federal legislation as has this Tribunal. See Yang v. Symcor 2010 HRTO 1241.

7I find that Symcor Inc. is a federally regulated company and for the reasons above the Tribunal does not have jurisdiction over this Application.

8The Application is dismissed.