The Human Rights Tribunal of Ontario has dismissed an application alleging workplace discrimination and harassment by the City of Ottawa, finding the employment relationship in question falls under federal jurisdiction and is therefore not subject to Ontario’s Human Rights Code.
In its decision, the tribunal concluded that because the applicant, M.C., worked for OC Transpo—a transportation service operating between Ontario and Quebec—the matter is federally regulated and must be addressed under the Canadian Human Rights Act rather than Ontario’s Code.
“The applicant’s employment by OC Transpo, which is operated by the respondent City of Ottawa, is federally regulated. It is subject to the Canadian Human Rights Act, not the Code,” the tribunal stated.
Allegations involved sex, age, and reprisal
M.C., who was self-represented, brought a complaint alleging discrimination on the basis of sex, sexual harassment, age, and reprisal in the course of her employment with OC Transpo. She also named L.T., a staff member in the City of Ottawa’s Workplace Violence and Harassment (WV&H) department, as a respondent.
In response, the City of Ottawa asked the tribunal to dismiss the application, arguing that it lacked jurisdiction because the matter involved federal employment. The tribunal then requested additional submissions from the applicant on whether it had jurisdiction to hear the case.
After reviewing those submissions, the tribunal determined the complaint could not proceed.
“The Tribunal does not have jurisdiction to proceed with the Application because the employment relationship giving rise to the Application is federally regulated,” it ruled.
OC Transpo is an interprovincial undertaking
OC Transpo, operated by the City of Ottawa, provides interprovincial transit service between Ontario and Quebec. Under section 92(10)(a) of the Constitution Act, 1867, interprovincial transportation services are excluded from provincial jurisdiction.
The tribunal cited a long line of prior decisions in support of its conclusion, including Khalil v. Ottawa (City), 2024 HRTO 1516; Eix v. Ottawa (City), 2019 HRTO 1009; and Hassan v. Ottawa (City), 2015 HRTO 71.
“This Tribunal has repeatedly held that OC Transpo is federally regulated,” the decision noted.
While the applicant acknowledged that OC Transpo is federally regulated, she argued that her complaint was valid under the Ontario Code because it involved actions taken by the City of Ottawa’s WV&H department, which she asserted is provincially regulated.
However, the tribunal rejected this argument.
“Those functions impact on the applicant’s employment; however, they do not change its federally regulated nature,” the tribunal wrote.
The tribunal emphasized that its jurisdiction is limited to matters governed by Ontario’s Human Rights Code, which applies only to provincially regulated employment relationships.
“The employment relationship giving rise to the Application exists with respect to interprovincial transportation, which is a federally regulated activity,” the decision stated.
Application dismissed
Because the tribunal found that the applicant’s employment fell under federal jurisdiction, it concluded that the matter must be addressed through the Canadian Human Rights Commission under the federal legislation.
The application was dismissed in full without an oral hearing.
For more information, see Cochrane v. Ottawa (City), 2025 HRTO 802 (CanLII).
