Discrimination in Services Under Ontario's Human Rights Code
The Ontario Human Rights Code protects people from discrimination in more than the workplace. It also covers services, goods and facilities that are open to the public, from a shop or a clinic to a school or a government office.
- The Code gives everyone the right to equal treatment in services, goods and facilities, without discrimination on a protected ground.
- Protected grounds include race, ancestry, disability, sex, sexual orientation, gender identity, age, creed, family status and more.
- Service providers must accommodate needs related to a protected ground, up to the point of undue hardship.
- An application to the Human Rights Tribunal of Ontario generally has to be made within one year of the incident.
What counts as a service
- Stores, restaurants, hotels, taxis and other businesses open to the public.
- Schools, colleges, universities and other educational services.
- Hospitals, clinics and other health services.
- Government offices and public programs, including social assistance.
- Condominium corporations, housing services and similar providers, for services separate from the tenancy itself.
The protected grounds
Depending on the area, the Code protects: citizenship, race, place of origin, ethnic origin, colour, ancestry, disability, age, creed, sex (including pregnancy and breastfeeding), sexual orientation, gender identity and gender expression, family status, marital status, and receipt of public assistance in housing. Not every ground applies to every area. The Code's definition and a specific area of life must both fit.
What discrimination can look like
- Being refused service, or given worse service, because of a protected ground.
- Rules or policies that look neutral but have a worse effect on a protected group.
- Harassment, such as demeaning comments, when seeking service.
- A failure to accommodate, such as refusing a reasonable change for a person with a disability or a religious need.
- Being punished for raising a concern or filing a complaint, which is reprisal.
The duty to accommodate
A service provider must make reasonable changes to meet needs linked to a protected ground, such as a ramp, extra time, a quiet space or a flexible policy. The provider does not have to go as far as undue hardship, which is a high bar based on cost, outside funding and health and safety. The person asking for accommodation must co-operate by explaining the need.
Making an application
- Write down what happened, with dates, places, names and what was said.
- Collect evidence: messages, emails, photos, receipts, witnesses and any policy you were given.
- Consider raising it with the provider in writing first and ask them to fix it.
- File an application with the Human Rights Tribunal of Ontario, generally within one year of the incident, or the last in a series of incidents.
- Be ready for mediation, which many applications go through before a hearing.
What the Tribunal can order
Remedies can include compensation for injury to dignity, feelings and self-respect, payment of lost money, an order to change a policy or practice, and public interest remedies. Outcomes depend on the facts, and the process takes time.
Common questions
Do I need a lawyer to apply?
No. Applicants can represent themselves or be represented by a lawyer or a licensed paralegal.
What if the incident was more than a year ago?
The Tribunal can accept a late application if the delay was in good faith and no one is substantially prejudiced, but it is not guaranteed.
This guide is general information for people in Ontario, not legal advice. Rules, forms and deadlines change, and every situation is different. Check the current rule or speak to a licensed legal professional before you act.
Not sure where you stand? A licensed paralegal can look at your documents and tell you your options.
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