Buragina v. HBC Capital One Bank (Canada Branch)/Capital One Bank (USA), 2011 HRTO 2136

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Marina Buragina Applicant

-and-

HBC Capital One Bank (Canada Branch)/Capital One Bank (USA) Respondent

DECISION

Adjudicator: Judith Keene Date: November 28, 2011 Citation: 2011 HRTO 2136 Indexed as: Buragina v. HBC Capital One Bank (Canada Branch)/Capital One Bank (USA)

1The applicant filed an Application under s. 34 of the Ontario Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"), on April 19, 2011. The Application alleges discrimination by the respondent in the area of goods, services and facilities.

2On September 28, 2011, the respondent wrote to the Tribunal, indicating its position that the Tribunal does not have jurisdiction to hear this matter as the respondent is a federally regulated body, and attaching Schedule III of the Bank Act, S.C. 1991, c. 46, which lists Capital One Bank (Canada Branch).

3In a Case Assessment Direction ("CAD") dated October 27, 2011, the Tribunal directed the respondent to immediately deliver a copy of its September 28, 2011 correspondence to the applicant, if it had not already done so, and in any event to file proof of delivery with the Tribunal. The CAD directed the applicant to make submissions regarding the question of whether the Application is within the Tribunal's jurisdiction. The time stipulated for the applicant's submissions has passed. The applicant has not filed submissions.

Decision

4This Tribunal has no jurisdiction to proceed with the Application.

5The Code only applies to matters which 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.

6Based on the information provided, the respondent is a federally-regulated bank and therefore does not fall under provincial jurisdiction, and in particular, within the jurisdiction of the Human Rights Tribunal of Ontario.

7The Canadian Human Rights Commission has power to deal with various human rights matters that fall under federal jurisdiction.

8Given that this Application is not within the jurisdiction of this Tribunal, it is dismissed.