Ontario Human Rights Code

Age is defined as being 18 years or older, or 16 or older in housing if you have withdrawn from parental control.

The term 'ageism' refers to two concepts:

1. A socially constructed way of thinking about older persons based on negative attitudes and stereotypes about aging; and

2. The tendency to structure society based on an assumption that everyone is young, thereby failing to respond appropriately to the needs of older persons. 

Citizenship is defined as being a member of a particular country and having rights because of such membership.

People can either be Canadian citizens "by birth" or "by naturalization" (i.e., immigrated to Canada and has become a Canadian citizen). Canadian born and naturalized citizens are equally entitled to the rights of a citizen, and subject to the duties of a citizen.

Creed refers to religious beliefs or faith practices.

It may also include non-religious belief systems that substantially influence a person's identity, worldview and way of life. Creed protections are based on a person's sincerely held and personal understanding of their creed. A person does not need to show that their belief is an essential element of their creed, or that it is recognized by others of the same creed.

Creed does not include secular, moral or ethical beliefs or political convictions. It also does not include religions that incite hatred or violence against other individuals or groups.

Disability refers to the interaction between persons with a health condition and barriers within society. Barriers to accessibility include attitudinal, physical and communication barriers.

A disability may be present at birth, caused by an accident, or developed over time. Disability can also be permanent, temporary, situational, or episodic. Disability should be understood as diverse abilities or different ways in which a person experiences the world.

Race is a socially constructed way of categorizing people with common ancestry and shared physical characteristics, such as skin tone, facial features, eye shape, hair colour or texture.

'Racial discrimination' is legally prohibited under the Code and involves negative treatment of a person based on their race. Racial discrimination is different than racism.

'Racism' is a broader term that refers to negative attitudes and beliefs about people based on race, ancestry and/or ethnicity. Racism is connected to power and the ability to act on personal beliefs or formal policies that directly or indirectly favour one race over another.

Receipt of public assistance refers only to the social area of housing*. It is the rights of tenants to receive assistance from public programs and services such as Ontario Works (OW), Ontario Disability Support Program (ODSP), Old Age Security (OAS), etc.

Housing a human right. Landlords are responsible for ensuring that housing environments are free from discrimination and harassment.

*Note: This Code ground does not apply to KPRDSB and is included as general information.

Record of offences refers only to the social area of employment*. Employment decisions cannot be based on whether an employee or applicant has been convicted of a provincial offence or pardoned for a federal offence. This provision applies to convictions only, and not to situations where only charges have been laid.

*Note: This Code ground does not apply to KPRDSB and is included as general information.

Sex is related to a person's biological sex (male or female). It also includes a broader notion of 'gender'.

This Code ground protects a person from sexual harassment and/or discrimination that is sexual in nature, or because of pregnancy. This includes the right to breastfeed in public areas or in the workplace.

Sexual orientation is a personal characteristic that forms part of each individual. It covers the range of human sexuality including lesbian, gay, bisexual, heterosexual, two-spirited and questioning orientations, among others. Sexual orientation is different from Code grounds of gender identity.

The terms 'homophobia' and heterosexism' are used to describe prejudice relating to sexual orientation. They refer to the assumption that heterosexuality is superior and the normal or moral expression of sexuality.

Every person has the right to equal treatment in housing (or the occupancy of accommodation) without discrimination based on any Code ground. This relates to buying, selling, renting or leasing any form of accommodation, including apartments, condominiums, houses, or even hotels.

The right to housing without discrimination also includes access to common areas (e.g., laundry rooms, swimming pools) as well as repairs and maintenance.

Every person has the right to equal treatment in employment without discrimination based on any Code ground. Employment is used very broadly in the Code and applies to employees, independent contractors, and volunteers.

The right to employment without discrimination related to recruitment, redeployment (transfers), promotions and termination. It also includes the application process for potential employees.

Every person has the right to receive goods, services, or use facilities without discrimination based on any Code ground. KPRDSB is considered a service under the Code.

However, this social area also includes the following goods, services and facilities:

• public, private and not-for-profit businesses,
• hospitals and health services,
• public places such as malls, parks, recreation centres and public washrooms,
• stores, restaurants and bars,
• schools, universities and colleges, and
• other services and programs provided by municipal and provincial governments, including public transit and policing