Below is an inventory of some of the key legislative provisions, strategies and programs in Ontario that relate to the implementation of economic and social rights particularly in the areas of housing and poverty. Given that the province often cites these programs and pieces of legislation as evidence that it is complying with its international human rights obligations, it is important that the adequacy and scope of these programs be held to international standards. The Province must also comply with constitutional standards which guarantee every Canadian the right to life and security of the person free from discrimination. Where current programs/policies/legislation are the primary vehicles for implementing social rights recognized in international human rights treaties ratified by Canada, it can be argued persuasively that the enacting statute must be interpreted in accordance with international human rights and constitutional standards and that where administrative decisions makers are granted discretion under the enacting legislation that these decisions be made in accordance with international human rights norms and Charter principles.
See the domestic jurisprudence and international jurisprudence pages for general resources that will assist in making these arguments. On this page we provide links to provisions of a number of acts which are key to social rights in Ontario, and suggested arguments which can be advanced for consistent interpretation and reasonable exercise of discretion consistent with international human rights obligations.
1) Ontario Works Act, 1997, SO 1997, c 25, Schedule A.
For Discretionary Decisions click here.
For key interpretive issues of click here.
2) Ontario Disability Support Program Act, 1997, SO 1997 c 25, Schedule B.
For Discretionary Decisions click here.
For key interpretive issues of click here.
3) Residential Tenancies Act, 2006, SO 2006, c 17.
For Discretionary Decisions click here.
For key interpretive issues of click here.
4) Housing Development Act, RSO 1990, c H.18.
For Discretionary Decisions click here.
5) Employment Standards Act, 2000, SO 2000, c 41.
For possible interpretations of most relevant provisions click here.
For interpretive provisions click here.
6) Comprehensive Poverty Reduction Strategy:
“Breaking the Cycle — Ontario’s Poverty Reduction Strategy“ .
For more about the Strategy click here.
Strategy’s Enacting Legislation: Poverty Reduction Act 2009, SO 2009, c 10.
The Ontario Social Assistance Review (to be completed in June 2012) is part of the Poverty Reduction Strategy. The review commenced in January 2011 pursuant to a 2010 Report by the Social Assistance Review Advisory Council.
7) Long-Term Affordable Housing Strategy:
“Building Foundations: Building Futures – Ontario’s Long Term Affordable Housing Strategy”.
For more about the Strategy click here.
Strategy’s Enacting Legislation: Strong Communities Through Affordable Housing Act 2011, SO 2011, c 6.
For possible interpretations and most relevant provisions click here.
For additional considerations click here.