Ontario Human Rights Frequently Asked Questions

The Ontario Human Rights Code is provincial legislation that prohibits discrimination and harassment based on specified protected grounds in identified social areas. These social areas include employment, accommodation, services, goods and facilities, contracts, and membership in certain vocational associations. The protected grounds that apply can depend on the particular social area and circumstances.

The Human Rights Tribunal of Ontario, commonly referred to as the HRTO, adjudicates applications alleging discrimination or harassment contrary to Ontario’s Human Rights Code. Where the Tribunal finds that the Code has been infringed, it has statutory authority to order monetary and non-monetary remedies permitted by the Code.

An application may be brought to the HRTO where a person alleges discrimination or harassment contrary to the Human Rights Code in a protected social area and in connection with an applicable protected ground. Matters may arise in contexts such as employment, housing, services and contracts. Whether particular conduct falls within the Tribunal’s jurisdiction depends on the facts and the applicable provisions of the Code.

Under the Human Rights Code, an application generally must be filed within one year after the incident to which the application relates. Where there is a series of incidents, the Code provides for filing within one year after the last incident in the series. The Tribunal may accept a late application where the statutory requirements for doing so are satisfied. Because limitation issues can affect whether an application proceeds, a person considering an application should obtain advice about the deadline applicable to their circumstances.

The duty to accommodate can require an organization to take appropriate steps to address needs related to a protected ground under the Human Rights Code, subject to the applicable legal standard of undue hardship. Accommodation is highly fact-specific. The obligations of the parties and the measures required depend on the circumstances, the protected ground involved and the particular social area.

Where the HRTO determines that a party has infringed a right under the Human Rights Code, the Tribunal has authority to order remedies permitted by the Code. Depending on the case, these may include monetary compensation for losses arising from the infringement, compensation for injury to dignity, feelings and self-respect, and non-monetary orders intended to address the infringement or promote compliance with the Code.

Ontario’s Human Rights Code provides that where a court finds an infringement of a Code right in a civil proceeding, the court may order remedies authorized by the Code. However, the Code does not permit a civil action based solely on an infringement of a Code right. Whether a human rights issue can appropriately be raised in a court proceeding therefore depends on the nature of the underlying civil claim and the circumstances of the case.

The Human Rights Code contains protections against harassment in specified circumstances and social areas. The Code defines harassment as engaging in a course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome. Whether particular conduct constitutes harassment contrary to the Code depends on the circumstances, including the applicable social area and protected ground.