para-transit is a form of accommodation that can be required to meet the
duty of accommodate under the Code.^156The Code also includes a number of procedural provisions with respect to the
designation of “special program”^157 , the duration of the effect of that designation^158 and
how that designation may be used as evidence before the Human Rights Tribunal of
Ontario.^159 An application may be made to the Ontario Human Rights Commission for a
program to be designated as special program.^160 Generally, the Commission has
declined to undertake the function of designating special programs.
The OHRC cannot inquire into special programs that are implemented by the Crown.
Section 14(9) of the Code provides that those procedural provisions do not apply to a
program implemented by the Crown or an agency of the Crown.^161 Section 18 of the
Code provides that restrictions to membership or participation in a religious,
philanthropic, educational, fraternal or social institution or organization are protected
from findings of discrimination.
IX. REMEDIES
Human rights legislation is remedial, not punitive, in nature. The Code confers broad
powers on the Tribunal to remedy discrimination. Section 45.2 of the Code empowers
the Tribunal to order the payment of monetary compensation, including compensation
for injury to dignity, feelings and self-respect; order restitution other than through
monetary compensation; and order a party to do anything that would promote
compliance with the Code.
(^156) See Ontario Human Rights Commission, Position Paper re: Whether the para-transit services provided
by public transit services in the cities of Toronto, Hamilton, London, and Windsor are special programs
under the Ontario Human Rights Code, online: Ontario Human Rights Commission
<http://www.ohrc.on.ca/en/whether-para-transit-services-provided-public-transit-services-cities-toronto-
hamilton- 157 london-and#sthash.2cMfSFoR.dpuf>.
158 Code,supra^ note 4 at s. 14(2).^
159 Ibid. at s. 14(6).^
160 Ibid. at s. 14(8).^
161 Ibid. at s. 14(2).^
Ibid. at s. 14(9).