The applicant, whose Class M motorcycle licence was revoked due to a visual impairment, alleged discrimination because the regulatory waiver program available for Class G licences is not available for Class M licences.
The respondent sought to dismiss the application for lack of jurisdiction.
The Tribunal found that section 19 of O.Reg. 340/94 explicitly exempts the visual standards and waiver provisions from the Human Rights Code.
Following established precedent, the Tribunal held it lacked jurisdiction to look beyond the constitutionally sound exempting provision to examine the impugned regulation itself.
The application was dismissed.
