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Statute

Ontario Human Rights Code — housing

Discrimination in occupancy of accommodation is prohibited. The Code prevails. Rights cannot be signed away.

Section 2 of the Human Rights Code protects occupancy of accommodation. Grounds include race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, marital status, family status, disability, and receipt of public assistance.

What this means in housing

  • A landlord cannot refuse you because you are on OW or ODSP, because you have children, because of a disability, or because of who you are.
  • “No kids,” “no disability-related animals,” “Canadian credit only,” and “must be employed” rules often violate the Code.
  • Harassment by a landlord, superintendent, or another tenant that the landlord does not address can be a Code issue.
  • The duty to accommodate (ss. 11 and 17) runs to the point of undue hardship — cost, outside sources of funding, health and safety. That is a high bar.

Primacy — s. 47

The Code prevails over other Ontario Acts unless the other Act expressly says otherwise. If a Residential Tenancies Act process or a Housing Services Act wait-list rule would discriminate, the Code is the starting point, not an afterthought. Use the s. 47 letter pathway.

Where to take a claim

  • Human Rights Tribunal of Ontario — generally one year from the last incident. Forms at tribunalsontario.ca/hrto.
  • Human Rights Legal Support Centre — 1-866-625-5179 · hrlsc.on.ca
  • Sometimes also the LTB (T2) when the same facts are tenant-rights violations.
  • Ontario Human Rights Commission for policy — it does not take your individual case.

Confirm the statute and forms in force. This is not legal advice.