Goulet v. Canada Post, 2016 HRTO 1110

Human Rights Tribunal of Ontario

B E T W E E N:

Sylvie Goulet

Applicant

-and-

Canada Post

Respondent

DECISION

Adjudicator: Leslie Reaume

Date: August 22, 2016

Citation: 2016 HRTO 1110

Indexed as: Goulet v. Canada Post

1This Application, filed under the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleges discrimination with respect to employment because of disability.

2By letter dated July 8, 2016, the Tribunal issued a Notice of Incomplete Application and a Notice Intent to Dismiss (‘NOID”) to the applicant. The respondent appears to be a federal government department, agency or a federally regulated service provider and therefore, outside the jurisdiction of the Tribunal.

3The applicant completed the Application but did not respond to the jurisdictional issue.

4An application will only be dismissed at a preliminary stage if it is “plain and obvious” on the face of the application that it does not fall within the Tribunal’s jurisdiction. See Masood v. Bruce Power, 2008 HRTO 381. The Code only applies to matters that come within provincial jurisdiction and does not apply to federally-regulated enterprises or undertakings.

5In my view, it is plain and obvious that the respondent, Canada Post, is a federally regulated employer.

6Accordingly, the Application is dismissed.