The Ontario Human Rights Code, what it protects and how it works

What the Ontario Human Rights Code is

The Ontario Human Rights Code is a provincial law that protects people in Ontario from discrimination and harassment based on specific personal characteristics. It has been part of Ontario law since 1962, making it one of the first human rights laws in Canada.

The Code sets out both rights and responsibilities. It gives individuals the right to be free from discrimination and harassment in certain areas of life. It also places obligations on employers, landlords, service providers, and others to respect those rights and to accommodate people's needs in certain circumstances.

Protected grounds under the Code

The Code protects people from discrimination and harassment based on the following characteristics, called protected grounds:

• ✓Race, colour, and ancestry
• ✓Place of origin and ethnic origin
• ✓Citizenship
• ✓Creed (religion)
• ✓Sex, including pregnancy and gender expression
• ✓Sexual orientation
• ✓Gender identity
• ✓Age
• ✓Marital status
• ✓Family status
• ✓Disability, physical or mental, including perceived disability
• ✓Record of offences (for employment only, subject to conditions)

For a situation to be covered by the Code, the unfair treatment must be connected to one of these grounds. Being treated badly for unrelated reasons, personality conflicts, performance disputes, or general unfairness, does not fall under the Code, even if it feels unjust.

Social areas where the Code applies

The Code does not apply to every situation in life. It applies in specific social areas:

Employment

The most common area where the Code is invoked. It covers hiring, firing, promotions, working conditions, pay, harassment, and all other aspects of the employment relationship. It applies to most employers in Ontario regardless of size.

Housing and accommodation

Landlords cannot refuse to rent, evict, or impose different conditions on tenants based on a protected ground. Common housing discrimination issues involve family status (families with children), disability, or race. The Code applies to most rental housing in Ontario.

Services, goods, and facilities

Businesses, organisations, and individuals who offer services to the public cannot discriminate based on a protected ground. This includes restaurants, retail stores, hospitals, schools, clubs, and government services.

Contracts

The Code applies to contracts, a term in a contract that discriminates based on a protected ground can be challenged under the Code.

Membership in vocational associations

Professional associations, trade unions, and other vocational bodies cannot discriminate against members or applicants for membership.

What discrimination looks like

Discrimination under the Code is not always obvious. It can take different forms:

Direct discrimination

Treating someone differently, worse, because of a protected ground. A landlord who refuses to rent to someone because they have children. An employer who passes over a qualified candidate because of their religion.

Systemic or constructive discrimination

A policy or practice that appears neutral but has a disproportionate negative effect on people with a protected characteristic. A physical fitness test for a job that has nothing to do with actual job requirements, for example, may discriminate against people with certain disabilities.

Harassment

Unwanted conduct connected to a protected ground that creates a hostile or offensive environment. Racial slurs, sexual comments, mocking someone's disability, these can constitute harassment under the Code even without a formal adverse action like firing or eviction.

The duty to accommodate

Employers, landlords, and service providers have a legal obligation under the Code to accommodate a person's needs related to a protected ground, most commonly disability or creed, up to the point of undue hardship.

This means they must make genuine efforts to adjust rules, policies, or practices to allow full participation. Examples include:

• ✓Modifying a work schedule to accommodate religious observance
• ✓Providing accessible parking or modified workspace for an employee with a disability
• ✓Allowing a tenant with a disability to have a service animal despite a no-pets policy
• ✓Adjusting a dress code policy that conflicts with religious requirements

The organisation does not have to accommodate in the exact way the person prefers, but it must genuinely try to find a workable solution. Refusal to accommodate without a genuine attempt is itself a violation of the Code.

Making a complaint, the HRTO process

The Human Rights Tribunal of Ontario (HRTO) is the body that hears complaints under the Code. Filing an application with the HRTO is the formal mechanism for pursuing a human rights claim in Ontario.

The one-year deadline

You generally must file your application within one year of the last incident of discrimination or harassment. If the discrimination was ongoing, the clock typically runs from the most recent event. Late applications may sometimes be accepted with a reasonable explanation, but acting within the deadline is always preferable.

What the process involves

• ✓Filing an Application (Form 1) describing the discrimination, when and where it happened, and what protected ground was involved
• ✓The respondent (the person or organisation you filed against) files a Response
• ✓A mediation process where both sides can try to resolve the matter with a mediator's help, many cases settle here
• ✓If mediation does not resolve the matter, a hearing before a Tribunal member who makes a binding decision

What remedies are available

If the Tribunal finds that the Code was violated, it can order:

• ✓Monetary compensation for injury to dignity, feelings, and self-respect
• ✓Compensation for lost wages or other financial losses caused by the discrimination
• ✓Changes to the respondent's policies or practices
• ✓Training or other steps to prevent future violations
• ✓An order to stop the discriminatory conduct

If you believe your rights under the Code may have been violated, getting proper guidance early helps you understand whether your situation falls under the Code, preserve evidence, and meet the filing deadline.

Frequently asked questions