Human Rights Code, 1981
Statutes of Ontario, 1981
Chapter 53

TORONTO
Printed by Alan Gordon

Queen's Printer for Ontario

OFFICE CONSOLIDATION
THIS EDITION IS PREPARED FOR
PURPOSES OF CONVENIENCE ONLY,
AND FOR ACCURATE REFERENCE
RECOURSE SHOULD BE HAD TO THE
STATUTES.

Human Rights Code, 1981
Statutes of Ontario, 1981
Chapter 53

TORONTO
Printed by Alan Gordon
Queen’s Printer for Ontario

1981

HUMAN RIGHTS CODE

Chap. S3

CHAPTER 53

Human Rights Code, 1981
HEREAS recognition of the inherent dignity and the equal Preamble
and inalienable rights of all members of the human family
is the foundation of freedom, justice and peace in the world and
is in accord with the Universal Declaration of Human Rights as
proclaimed by the United Nations;

W

And Whereas it is public policy in Ontario to recognize the
dignity and worth of every person and to provide for equal rights
and opportunities without discrimination that is contrary to law,
and having as its aim the creation of a climate of understanding
and mutual respect for the dignity and worth of each person so
that each person feels a part of the community and able to con­
tribute fully to the development and well-being of the community
and the Province;
And Whereas these principles have been confirmed in
Ontario by a number of enactments of the Legislature and it is
desirable to revise and extend the protection of human rights in
Ontario;

Therefore, Her Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario, enacts as
follows:

PART I
FREEDOM FROM DISCRIMINATION

1 . Every person has a right to equal treatment with respect to Services
services, goods and facilities, without discrimination because of
race, ancestry, place of origin, colour, ethnic origin, citizenship,
creed, sex, age, marital status, family status or handicap.
2 .—(1) Every person has a right to equal treatment with accommodations
respect to the occupancy of accommodation, without discrimi­
nation because of race, ancestry, place of origin, colour, ethnic

1

2

Chap. 53

human rights code

1981

origin, citizenship, creed, sex, age, marital status, family status,
handicap or the receipt of public assistance.
Harassment

modation

(2) Every person who occupies accommodation has a right to
freedom from harassment by the landlord or agent of the land­
lord or by an occupant of the same building because of race,
ancestry, place of origin, colour, ethnic origin, citizenship, creed,
age, marital status, family status, handicap or the receipt of
public assistance.

Contracts

3, Every person having legal capacity has a right to contract
on equal terms without discrimination because of race, ancestry,
place of origin, colour, ethnic origin, citizenship, creed, sex, age,
marital status, family status or handicap.

Employment

4.—(1) Every person has a right to equal treatment with
respect to employment without discrimination because of race,
ancestry, place of origin, colour, ethnic origin, citizenship, creed,
sex, age, record of offences, marital status, family status or
handicap.

Harassment

(2) Every person who is an employee has a right to freedom
from harassment in the workplace by the employer or agent of
the employer or by another employee because of race, ancestry,
place of origin, colour, ethnic origin, citizenship, creed, age,
record of offences, marital status, family status or handicap.

employment

Vocational
associations

5. Every person has a right to equal treatment with respect to
.
.
membership in any trade union, trade or occupational associa­
tion or self-governing profession without discrimination because
of race, ancestry, place of origin, colour, ethnic origin, citizen­
ship, creed, sex, age, marital status, family status or handicap.

Harassment

6.—(1) Every person who occupies accommodation has a

sex in
right to freedom from harassment because of sex by the landlord
accommodation or agent of the landlord or by an occupant of the same building.

Harassment
sex in
workplaces

Sexual
solicitation
by a person
in position
to confer
benefit, etc.

(2) Every person who is an employee has a right to freedom
from harassment in the workplace because of sex by his or her
employer or agent of the employer or by another employee.
(3) Every person has a right to be free from,

a sexual solicitation or advance made by a person in a
..
r
.
.
position to comer, grant or deny a benefit or advance­
ment to the person where the person making the solici­
tation or advance knows or ought reasonably to know
that it is unwelcome; or

(b) a reprisal or a threat of reprisal for the rejection of a
sexual solicitation or advance where the reprisal is

1981

HUMAN RIGHTS CODE

3

Chap. 53

made or threatened by a person in a position to confer,
grant or deny a benefit or advancement to the person.
7. Every person has a right to claim and enforce his or her Reprisals
rights under this Act, to institute and participate in proceedings
under this Act and to refuse to infringe a right of another person
under this Act, without reprisal or threat of reprisal for so doing.
8. No person shall infringe or do, directly or indirectly, any- infringething that infringes a right under this Part.
prohibited

PART II
INTERPRETATION AND APPLICATION

9. In Part I and in this Part,

(a) “age” means an age that is eighteen years or more,
except in subsection 4 (1) where “age” means an age
that is eighteen years or more and less than sixty-five
years;

(ft) “because of handicap” means for the reason that the
person has or has had, or is believed to have or have
had,
(i) any degree of physical disability, infirmity,
malformation or disfigurement that is caused by
bodily injury, birth defect or illness and, with­
out limiting the generality of the foregoing,
including diabetes b, epilepsy, any degree
of paralysis, amputation, lack of physical co­
ordination, blindness or visual impediment,
deafness or hearing impediment, muteness or
speech impediment, or physical reliance on a
dog guide or on a wheelchair or other remedial
appliance or device,
(ii) a condition of mental retardation or impair­
ment,
(iii) a learning disability, or a dysfunction in one or
more of the processes involved in understanding
or using symbols or spoken language, or

(iv) a mental disorder;

(c) “equal” means subject to all requirements, qualifica­
tions and considerations that are not a prohibited
ground of discrimination;

interpretation

4

Chap. 53

HUMAN RIGHTS CODE

1981

(d) “family status” means the status of being in a parent
and child relationship;
(e) “group insurance” means insurance whereby the lives
or well-being or the lives and well-being of a number of
persons are insured severally under a single contract
between an insurer and an association or an employer
or other person;

(f) “harassment” means engaging in a course of vexatious
comment or conduct that is known or ought reasonably
to be known to be unwelcome;

(g) “marital status” means the status of being married,
single, widowed, divorced or separated and includes
the status of living with a person of the opposite sex in a
conjugal relationship outside marriage;

(h) “record of offences” means a conviction for,

r.S.c. 1970,
(ist Supp.)

(i) an offence in respect of which a pardon has been
granted under the Criminal Records Act (Canada) and has not been revoked, or
(ii) an offence in respect of any provincial enact­
ment;

(z) “services” does not include a levy, fee, tax or periodic
payment imposed by law;
(j) “spouse” means the person to whom a person of the
opposite sex is married or with whom the person is
living in a conjugal relationship outside marriage.
Constructive
discrimination

1 (). A right of a person under Part I is infringed where a
.
...
.
requirement, qualification or consideration is imposed that is not
discrimination on a prohibited ground but that would result in
the exclusion, qualification or preference of a group of persons
who are identified by a prohibited ground of discrimination and
of whom the person is a member, except where,

(a) the requirement, qualification or consideration is a
reasonable and bona fide one in the circumstances; or

(b) it is declared in this Act that to discriminate because of
such ground is not an infringement of a right.
Discrimin-

because of
association

1 1. A right under Part I is infringed where the discrimination
is because of relationship, association or dealings with a person
or persons identified by a prohibited ground of discrimination.

1981

HUMAN RIGHTS CODE

Chap. 53

5

12. — (1) A right under Part I is infringed by a person who Announced
publishes or displays before the public or causes the publication discriminate
or display before the public of any notice, sign, symbol, emblem,
or other similar representation that indicates thé intention of the
person to infringe a right under Part I or that is intended by the
person to incite the infringement of a right under Part I.

(2) Subsection (1) shall not interfere with freedom of exprès- Opinion
sion of opinion.
13. — (1) A right under Part I is not infringed by the sPecial
implementation of a special program designed to relieve hardship programs
or economic disadvantage or to assist disadvantaged persons or
groups to achieve or attempt to achieve equal opportunity or that
is likely to contribute to the elimination of the infringement of
rights under Part I.

(2) The Commission may,

Review by
Commission

(a) upon its own initiative;

(b) upon application by a person seeking to implement a
special program under the protection of subsection (1);
or
(c) upon a complaint in respect of which the protection of
subsection (1) is claimed,
inquire into the special program and, in the discretion of the
Commission, may by order declare,

(d) that the special program, as defined in the order, does
not satisfy the requirements of subsection (1); or

(e) that the special program as defined in the order, with
such modifications, if any, as the Commission considers
advisable, satisfies the requirements of subsection (1).
(3) A person aggrieved by the making of an order under sub- Reconsiderasection (2) may request the Commission to reconsider its order
and section 36, with necessary modifications, applies.
(4) Subsection (1) does not apply to a special program where Effect of
an order is made under clause (2) (d) or where an order is made order
under clause (2) (e) with modifications of the special program that
are not implemented.
(5) Subsection (2) does not apply to a special programSubs (2)does
implemented by the Crown or an agency of the Crown.
to Crown

6

Chap. 53

Age

1 4. A right under Part I to non-discrimination because of age
is not infringed where an age of sixty-five years or over is a
requirement, qualification or consideration for preferential
treatment.

sixty five or over

Canadian
citizenship

HUMAN RIGHTS CODE

1981

15,—(1) A right under Part I to non-discrimination because
of citizenship is not infringed where Canadian citizenship is a
requirement, qualification or consideration imposed or
authorized by law.

idem

(2) A right under Part I to non-discrimination because of
citizenship is not infringed where Canadian citizenship or lawful
admission to Canada for permanent residence is a requirement,
qualification or consideration adopted for the purpose of foster­
ing and developing participation in cultural, educational, trade
union or athletic activities by Canadian citizens or persons law­
fully admitted to Canada for permanent residence.

idem

(3) A right under Part I to non-discrimination because of
citizenship is not infringed where Canadian citizenship or
domicile in Canada with the intention to obtain Canadian
citizenship is a requirement, qualification or consideration
adopted by an organization or enterprise for the holder of chief or
senior executive positions.

Handicap

1 6.—(1) A right of a person under this Act is not infringed for
the reason only,

(a) that the person does not have access to premises, ser­
vices, goods, facilities or accommodation because of
handicap, or that the premises, services, goods,
facilities or accommodation lack the amenities that are
appropriate for the person because of handicap; or

b that the person is incapable of performing or fulfilling
the essential duties or requirements attending the exer­
cise of the right because of handicap.
Powers of
(2) Where, after the investigation of a complaint, the Comommission mission determines that the evidence does not warrant the

appointment of a board of inquiry because of the application of
subsection (1), the Commission may nevertheless use its best
endeavours to effect a settlement as to the provision of access or
amenities or as to the duties or requirements.
Special
organizations

। 1
7. The rights under Part I to equal treatment with respect
to services and facilities, with or without accommodation, is not
infringed where membership or participation in a religious,
philanthropic, educational, fraternal or social institution or
organization that is primarily engaged in serving the interests of
persons identified by a prohibited ground of discrimination is
restricted to persons who are similarly identified.

1981

HUMAN RIGHTS CODE

Chap. 53

7

18. — (1) This Act shall not be construed to adversely affect Separate
.,
...
.
.
,
.
,,
school rights
any right or privilege respecting separate schools enjoyed by preserved
separate school boards or their supporters under The British 1867 ' 3
North America Act, 1867 and the Education Act.
R.S.o. 1980,
c. 129

(2) This Act does not apply to affect the application of the duties of teachers 01
Education Act with respect to the duties of teachers.
19. — (1) The right under section 1 to equal treatment with Restriction
.
. r....
..
....
.
.
of facilities
respect to services and facilities without discrimination because by sex
of sex is not infringed where the use of the services or facilities is
restricted to persons of the same sex on the ground of public
decency.

(2) The right under section 1 to equal treatment with respect Athletic
to services and facilities is not infringed where membership in an
v
athletic organization or participation in an athletic activity is
restricted to persons of the same sex.
(3) The right under section 1 to equal treatment with respect Recreational
to services and facilities is not infringed where a recreational club ' clubs
restricts or qualifies access to its services or facilities or gives
preferences with respect to membership dues and other fees
because of age, sex, marital status or family status.
20. — (1) The right under section 2 to equal treatment with shared
respect to the occupancy of residential accommodation without dation
discrimination is not infringed by discrimination where the resi­
dential accommodation is in a dwelling in which the owner or his
or her family reside if the occupant or occupants of the residential
accommodation are required to share a bathroom or kitchen
facility with the owner or family of the owner.

(2 ) The right under section 2 to equal treatment with respect Restrictions
to the occupancy of residential accommodation without dis- dation, sex
crimination because of sex is not infringed by discrimination on
that ground where the occupancy of all the residential accommo­
dation in the building, other than the accommodation, if any, of
the owner or family of the owner, is restricted to persons who are
of the same sex.
(3 ) The right under section 2 to equal treatment with respect iden
to the occupancy of residential accommodation without dis- status
crimination because of marital status is not infringed by discrimi­
nation on that ground where the occupancy is in a building that
contains not more than four dwelling units, one of which is
occupied by the owner or family of the owner.
(4) The right under section 2 to equal treatment with respect idem:
to the occupancy of residential accommodation without dis- status
crimination because of family status is not infringed by discrimi­
nation on that ground where the residential accommodation is in

8

Chap. 53

HUMAN RIGHTS CODE

1981

a building, or designated part of the building, that contains more
than one dwelling unit served by a common entrance and the
occupancy of all the residential accommodation in the building or
in the designated part of the building is restricted because of
family status.
Restrictions

contracts, etc.

21. The right under sections 1 and 3 to equal treatment with
respect to services and to contract on equal terms, without dis­
crimination because of age, sex, marital status, family status or
handicap, is not infringed where a contract of automobile, life,
accident or sickness or disability insurance or a contract of group
insurance between an insurer and an association or person other
than an employer, or a life annuity, differentiates or makes a
distinction, exclusion or preference on reasonable and bona fide
grounds because of age, sex, marital status, family status or
handicap.

discriminatory employment
advertising

under section 4 to equal treatment with
respect to employment is infringed where an invitation to apply
for employment or an advertisement in connection with
employment is published or displayed that directly or indirectly
classifies or indicates qualifications by a prohibited ground of
discrimination.

Application

(2) The right under section 4 to equal treatment with respect
to employment is infringed where a form of application for
employment is used or a written or oral inquiry is made of an
applicant that directly or indirectly classifies or indicates qualifi­
cations by a prohibited ground of discrimination.

employment

Questions at

(3) Nothing in subsection (2) precludes the asking of questions
at a personal employment interview concerning a prohibited
ground of discrimination where discrimination on such ground is
permitted under this Act.

Employment
agencies

(4) The right under section 4 to equal treatment with respect
to employment is infringed where an employment agency dis­
criminates against a person because of a prohibited ground of
discrimination in receiving, classifying, disposing of or otherwise
acting upon applications for its services or in referring an appli­
cant or applicants to an employer or agent of an employer.

Special
employment,

23. The right under section 4 to equal treatment with respect
,
..
.....
.
,
to employment is not infringed where,

(a) a religious, philanthropic, educational, fraternal or
social institution or organization that is primarily
engaged in serving the interests of persons identified by
their race, ancestry, place of origin, colour, ethnic
origin, creed, sex, age, marital status or handicap
employs only, or gives preference in employment to,
persons similarly identified if the qualification is a

1981

HUMAN RIGHTS CODE

Chap. 53

9

reasonable and bona fide qualification because of the
nature of the employment;
(ft) the discrimination in employment is for reasons of age,
sex, record of offences or marital status if the age, sex,
record of offences or marital status of the applicant is a
reasonable and bona fide qualification because of the
nature of the employment;

(c) an individual person refuses to employ another for
reasons of any prohibited ground of discrimination in
section 4, where the primary duty of the employment is
attending to the medical or personal needs of the person
or of an ill child or an aged, infirm or ill spouse or other
relative of the person; or
(d) an employer grants or withholds employment or
advancement in employment to a person who is the
spouse, child or parent of the employer or an employee.
24.— (1) The right under section 4 to equal treatment with Employment
..
.
_
.
.
_
conditional on
respect to employment is infringed where employment is denied membership in
or made conditional because a term or condition of employment Pension Plan
requires enrolment in an employee benefit, pension or superan­
nuation plan or fund or a contract of group insurance between an
insurer and an employer, that makes a distinction, preference
or exclusion on a prohibited ground of discrimination.

(2) The right under section 4 to equal treatment with respect
or
.
...
, . disability
to employment without discrimination because of age, sex, man- plan under
tal status or family status is not infringed by an employee RSO 1980,
superannuation or pension plan or fund or a contract of group
insurance between an insurer and an employer that complies
with the Employment Standards Act and the regulations there­
under.

(3) The right under section 4 to equal treatment with respect Employee
.
..
.......
„,
..
.
disability
to employment without discrimination because of handicap is not and pension
infringed,
Plans

(a) where a reasonable and bona fide distinction, exclusion
or preference is made in an employee disability or life
insurance plan or benefit because of a pre-existing
handicap that substantially increases the risk;

(ft) where a reasonable and bona fide distinction, exclusion
or preference is made on the ground of a pre-existing
handicap in respect of an employee-pay-all or particip­
ant-pay-all benefit in an employee benefit, pension or
superannuation plan or fund or a contract of group
insurance between an insurer and an employer or in
respect of a plan, fund or policy that is offered by an

10

Chap. 53

HUMAN RIGHTS CODE

1981

employer to his employees if they are fewer than
twenty-five in number.
Compensation

(4) An employer shall pay to an employee who is excluded
because of a handicap from an employee benefit, pension or
superannuation plan or fund or a contract of group insurance
between an insurer and the employer compensation equivalent to
the contribution that the employer would make thereto on behalf
of an employee who does not have a handicap.

Discrimina-

25.—(1) It shall be deemed to be a condition of every contract entered into by or on behalf of the Crown or any agency
thereof and of every
subcontract entered
into in the 5performance
.
.
thereof that no right under section 4 will be infringed in the
course of performing the contract.

employment

under

government
contracts

idem:

government grants
and loans

Sanction

(2) It shall be deemed to be a condition of every grant, contribution, loan or guarantee made by or on behalf of the Crown or
any agency thereof that no right under section 4 will be infringed
in the course of carrying out the purposes for which the grant,
contribution, loan or guarantee was made.

(3) Where an infringement of a right under section 4 is found
by a board of inquiry upon a complaint and constitutes a breach
of a condition under this section, the breach of condition is suffi­
cient grounds for cancellation of the contract, grant, contribu­
tion, loan or guarantee and refusal to enter into any further
contract with or make any further grant, contribution, loan or
guarantee to the same person.
PART III
THE ONTARIO HUMAN RIGHTS COMMISSION

Commission

26.—(1) The Ontario Human Rights Commission is con­
tinued and shall be composed of such persons, being not fewer
than seven, as are appointed by the Lieutenant Governor in
Council.

Responsible
to Minister.

(2) The Commission is responsible to the Minister for the
..,
,.
r,,.
.,
administration of this Act.

Chairman

(3) The Lieutenant Governor in Council shall designate a
member of the Commission as chairman, and a member as vicechairman.

Rémunéra-

(4) The Lieutenant Governor in Council may fix the remuner­
ation and allowance for expenses of the chairman, vice-chairman
and members of the Commission.

Staff

(5) The employees of the Commission shall be appointed
under the Public Service Act.

418 1980

1981

HUMAN RIGHTS CODE

Chap. 53

11

(6 ) The Commission may authorize any function of the Com- Divisions
mission to be performed by a division of the Commission com­
posed of at least three members of the Commission.
27.
—(1) The Lieutenant Governor in Council shall designate race
.
.
.
r,
„
.
relations
at least three members ot the Commission to constitute a race division
relations division of the Commission and shall designate one
member of the race relations division as Commissioner for Race
Relations.

(2 ) It is the function of the race relations division of the Com- Functions
mission to perform any of the functions of the Commission under
clause 28 (f), (g) or (h) relating to race, ancestry, place of origin,
colour, ethnic origin or creed that are referred to it by the Com­
mission and any other function referred to it by the Commission.
28. It is the function of the Commission,

(a) to forward the policy that the dignity and worth of
every person be recognized and that equal rights and
opportunities be provided without discrimination that
is contrary to law;

b) to promote an understanding and acceptance of and
compliance with this Act;
(c) to recommend for consideration a special plan or pro­
gram designed to meet the requirements of subsection
13 (1), subject to the right of a person aggrieved by the
implementation of the plan or program to request the
Commission to reconsider its recommendation and sec­
tion 36 applies with necessary modifications;

(d) to develop and conduct programs of public information
and education and undertake, direct and encourage
research designed to eliminate discriminatory practices
that infringe rights under this Act;
(e) to examine and review any statute or regulation, and
any program or policy made by or under a statute and
make recommendations on any provision, program or
policy, that in its opinion is inconsistent with the intent
of this Act;

(f) to inquire into incidents of and conditions leading or
tending to lead to tension or conflict based upon iden­
tification by a prohibited ground of discrimination and
take appropriate action to eliminate the source of ten­
sion or conflict;

Function of
Commission

12

Chap. 53

human rights code

1981

(g) to initiate investigations into problems based upon
identification by a prohibited ground of discrimination
that may arise in a community, and encourage and
co-ordinate plans, programs and activities to reduce or
prevent such problems;

(h) to promote, assist and encourage public, municipal or
private agencies, organizations, groups or persons to
engage in programs to alleviate tensions and conflicts
based upon identification by a prohibited ground of
discrimination;

(i) to enforce this Act and orders of boards of inquiry; and

(j) to perform the functions assigned to it by this or any
other Act.
Evidence
obtained
in course of
investigation

29.—(1) No person who is a member of the Commission shall
.
.
.
,.
be required to give testimony in a civil suit or any proceeding as
information obtained in the course of an investigation under
this Act.

idem

(2) No person who is employed in the administration of this
Act shall be required to give testimony in a civil suit or any
proceeding other than a proceeding under this Act as to informa­
tion obtained in the course of an investigation under this Act.

Annual

30.—(1) The Commission shall make a report to the Minister
not later than the 30th day of June in each year upon the affairs
of the Commission during the year ending on the 31st day of
March of that year.

idem

(2) The Minister shall submit the report to the Lieutenant
Governor in Council who shall cause the report to be laid before
the Assembly if it is in session, or, if not, at the next ensuing
session.

PART IV
ENFORCEMENT
Complaints

31.—(1) Where a person believes that a right of his under
this Act has been infringed, the person may file with the Com­
mission a complaint in a form approved by the Commission.

idem

(2) The Commission may initiate a complaint by itself or at the
request of any person.

1981

HUMAN RIGHTS CODE

13

Chap. 53

(3) Where two or more complaints,

Combining
of complaints

(a) bring into question a practice of infringement engaged
in by the same person; or

(6) have questions of law or fact in common,
the Commission may combine the complaints and deal with them
in the same proceeding.
32.— (1) Subject to section 33, the Commission shall investi- investigation
gate a complaint and endeavour to effect a settlement.

(2) An investigation by the Commission may be made by a investigation
member or employee of the Commission who is authorized by the
Commission for the purpose.
(3) A person authorized to investigate a complaint may,

Powers on

(a) enter any place, other than a place that is being used as
a dwelling, at any reasonable time, for the purpose of
investigating the complaint;

(b) request the production for inspection and examination
of documents or things that are or may be relevant to
the investigation;
(c) upon giving a receipt therefor, remove from a place
documents produced in response to a request under
clause (b) for the purpose of making copies thereof or
extracts therefrom and shall promptly return them to
the person who produced or furnished them; and

(d) question a person on matters that are or may be rel­
evant to the complaint subject to the person’s right
to have counsel or a personal representative present
during such questioning, and may exclude from the
questioning any person who may be adverse in
interest to the complainant.
(4) A person investigating a complaint shall not enter a place Entry into
that is being used as a dwelling without the consent of the dwellings
occupier except under the authority of a warrant issued under
subsection (8).
(5) Subject to subsection (4), if a person who is or may be a Denial
party to a complaint denies entry to any place, or instructs the
person investigating to leave the place, or impedes or prevents an
investigation therein, the Commission may request the Minister
to appoint a board of inquiry or may authorize an employee or
member to apply to a justice of the peace for a warrant to enter
under subsection (8).

1981

14

Chap. 53

Refusal to

(6) If a person refuses to comply with a request for production
of documents or things, the Commission may request the Minis­
ter to appoint a board of inquiry, or may authorize an employee
or member to apply to a justice of the peace for a search warrant
under subsection (7).

Warrant

(7) Where a justice of the peace is satisfied on evidence upon
oath that there are in a place documents that there is reasonable
ground to believe will afford evidence relevant to the complaint,
he may issue a warrant in the prescribed form authorizing a
person named in the warrant to search a place for any such
documents, and to remove them for the purposes of making
copies thereof or extracts therefrom, and the documents shall be
returned promptly to the place from which they were removed.

warrant

(8) Where a justice of the peace is satisfied by evidence upon
oath that there is reasonable ground to believe it is necessary that
a place being used as a dwelling or to which entry has been
denied be entered to investigate a complaint, he may issue a
warrant in the prescribed form authorizing such entry by a per­
son named in the warrant.

Execution

(9) A warrant issued under subsection (7) or (8) shall be exe­
cuted at reasonable times as specified in the warrant.

Expiration

(10) Every warrant shall name a date on which it expires,
which shall be a date not later than fifteen days after it is issued.

Obstruction

(11) No person shall hinder, obstruct or interfere with a per­
son in the execution of a warrant or otherwise impede an investi­
gation under this Act.

idem

(12) Subsection (11) is not contravened by a refusal to comply
with a request for the production of documents or things made
under clause (3) (b).

Admissibility
of copies

(13) Copies of, or extracts from, documents removed from
.
,
,
..
.
.
,
premises under clause (3) (c) or subsection (7) certified as being
true copies of the originals by the person who made them, are
admissible in evidence to the same extent as, and have the same
evidentiary value as, the documents of which they are copies or
extracts.

Decision
to not
deal with
complaint

HUMAN RIGHTS CODE

33.—(1) Where it appears to the Commission that,

complaint is one that could or should be more
appropriately dealt with under an Act other than this
Act;
the

1981

HUMAN RIGHTS CODE

15

Chap. 53

(ft) the subject-matter of the complaint is trivial, frivolous,
vexatious or made in bad faith;
(c) the complaint is not within the jurisdiction of the
Commission; or

(d) the facts upon which the complaint is based occurred
more than six months before the complaint was filed,
unless the Commission is satisfied that the delay was
incurred in good faith and no substantial prejudice will
result to any person affected by the delay,

the Commission may, in its discretion, decide to not deal with the
complaint.

(2) Where the Commission decides to not deal with a com- Notice of
..
decision
plamt, it shall advise the complainant m writing of the decision and
and the reasons therefor and of the procedure under section 36 reasons
for having the decision reconsidered.
34.—
(1) The Minister shall appoint a panel of persons to act Panel of
as members of boards of inquiry.
for boards
of inquiry

(2) The members of boards of inquiry shall be paid such Remuner" .
ation
allowances and expenses as are fixed by the Lieutenant Governor
in Council.
35.— (1) Where the Commission fails to effect a settlement of Referred
. .
to board
the complaint and it appears to the Commission that the proce- Of inquiry
dure is appropriate and the evidence warrants an inquiry, the
Commission may request the Minister to appoint a board of
inquiry and refer the subject-matter of the complaint to the
board.

(2) Where the Commission decides to not request the Minister Notice of
to appoint a board of inquiry, it shall advise the complainant and not to
the person complained against in writing of the decision and the appomt
reasons therefor and inform the complainant of the procedure
under section 36 for having the decision reconsidered.
36.— (1) Within a period of fifteen days of the date of mailing Reconsiderathe decision and reasons therefor mentioned in subsection 33 (2)
or subsection 35 (2), or such longer period as the Commission
may for special reasons allow, a complainant may request the
Commission to reconsider its decision by filing an application for
reconsideration containing a concise statement of the material
facts upon which the application is based.

(2) Upon receipt of an application for reconsideration the Notice of
Commission shall as soon as is practicable notify the person

16

Chap. 53

HUMAN RIGHTS CODE

1981

complained against of the application and afford the person an
opportunity to make written submissions with respect thereto
within such time as the Commission specifies.
Decision

(3) Every decision of the Commission on reconsideration
together with the reasons therefor shall be recorded in writing
and promptly communicated to the complainant and the person
complained against and the decision shall be final.

Appointment
of board

37.—(1) Where the Commission requests the Minister to
.
.
.
.
,
appoint a board of inquiry, the Minister shall appoint from the
panel one or more persons to form the board of inquiry and the
Minister shall communicate the names of the persons forming the
board to the parties to the inquiry.

Members at
hearing not
to have

(2) A member of the board hearing a complaint must not have
. .
....
-,
•
r >
,.
taken part in any investigation or consideration of the subjectmatter of the inquiry before the hearing and shall not communicate directly or indirectly in relation to the subject-matter of the
inquiry with any person or with any party or his representative
except upon notice to and opportunity for all parties to partici­
pate, but the board may seek legal advice from an adviser inde­
pendent of the parties and in such case the nature of the advice
shall be made known to the parties in order that they may make
submissions as to the law.

taken part in investigation
gation, etc.

Hearing

38 —(1) The board of inquiry shall hold a hearing,

(a) to determine whether a right of the complainant under
this Act has been infringed;

(b) to determine who infringed the right, and

(c) to decide upon an appropriate order under section 40,
and the hearing shall be commenced within thirty days after the
date on which the members were appointed.
Parties

(2) The parties to a proceeding before a board of inquiry are,

(a) the Commission, which shall have the carriage of the
complaint;

(ft) the complainant;

(c) any person who the Commission alleges has infringed
the right;

(d) any person appearing to the board of inquiry to have
infringed the right;

1981

HUMAN RIGHTS CODE

Chap. 53

17

(e) where the complaint is of alleged conduct constituting
harassment under subsection 2 (2) or subsection 4 (2) or
of alleged conduct under section 6, any person who, in
the opinion of the board, knew or was in possession of
facts from which he or she ought reasonably to have
known of the conduct and who had authority to
penalize or prevent the conduct.
(3) A party may be added by the board of inquiry under clause Adding
(2) (d) or clause (2) (e) at any stage of the proceeding upon such parties
terms as the board considers proper.
(4) Where a board exercises its power under clause 12 (1) (b) of Adjournment
,
.
.
.
.on production
the Statutory Powers Procedure Act to issue a summons requir- R s o 1980
ing the production in evidence of documents or things, it may,c 484
upon the production of the documents or things before it,
adjourn the proceedings to permit the parties to examine the
documents or things.
(5) The board may, where it appears to be in the interests of
justice, direct that the board and the parties and their counsel or
representatives shall have a view of any place or thing, and may
adjourn the proceedings for that purpose.
39
. The oral evidence taken before a board at a hearing shall Recording
of evidence
be recorded, and copies of a transcript thereof shall be furnished
upon request upon the same terms as in the Supreme Court.

40
.—(1) Where the board of inquiry, after a hearing, finds Orders of
,
boards of
that a right of the complainant under Part 1 has been infringed inquiry
and that the infringement is a contravention of section 8 by a
party to the proceeding, the board may, by order,

(a) direct the party to do anything that, in the opinion of
the board, the party ought to do to achieve compliance
with this Act, both in respect of the complaint and in
respect of future practices; and

(b) direct the party to make restitution, including monetary
compensation, for loss arising out of the infringement,
and, where the infringement has been engaged in wil­
fully or recklessly, monetary compensation may include
an award, not exceeding $10,000, for mental anguish.
(2) Where the board of inquiry at the conclusion of the hearing idem
finds that a right of a person under Part 1 has been infringed by
discrimination because of handicap, the board may then proceed

to inquire whether.

18

Chap. 53

HUMAN RIGHTS CODE

1981

(a) the person does not have access to premises, services,
goods, facilities or accommodation of the party who is
found to be a contravener, because of handicap; or
0) the premises, services, goods, facilities or accommoda­
tion of the party who is found to be a contravener lack
amenities that are appropriate to persons because of
the handicap,
and after making a finding thereon, the board may, unless the
costs occasioned thereby would cause undue hardship and sub­
ject to the regulations, order that the party take such measures as
will make such provision for access or amenities or as are set out
in the order.

Idem

(3) In addition to the powers conferred by subsection (2),
where the board of inquiry at the conclusion of the hearing under
subsection (1) finds that a right of a person under Part I has been
infringed by discrimination because of handicap, the board may
then proceed to inquire and make a finding as to whether the
equipment or essential duties attending the exercise of the right
could be adapted to meet the needs of the person whose right is
infringed and, after making a finding thereon, the board may,
unless the costs occasioned thereby would cause undue hardship
and subject to the regulations, order that the party take such
measures to adapt the equipment or duties as will meet such
needs and as are set out in the order.

Order to
prevent
harassment

(4) Where a board makes a finding under subsection (1) that a
.......
,
,
.
,
.
right is infringed on the ground of harassment under subsection 2
(2) or subsection 4 (2) or conduct under section 6, and the board
finds that a person who is a party to the proceeding,
(a) knew or was in possession of knowledge from which he
ought to have known of the infringement; and
(6) had the authority by reasonably available means to
penalize or prevent the conduct and failed to use it,

the board shall remain seized of the matter and upon complaint
of a continuation or repetition of the infringement of the right the
Commission may investigate the complaint and, subject to sub­
section 35 (2), request the board to re-convene and if the board
finds that a person who is a party to the proceeding,
(c) knew or was in possession of knowledge from which he
or she ought to have known of the repetition of infringe­
ment; and

(d) had the authority by reasonably available means to
penalize or prevent the continuation or repetition of the
conduct and failed to use it,

1981

HUMAN RIGHTS CODE

Chap. 53

19

the board may make an order requiring the person to take what­
ever sanctions or steps are reasonably available to prevent any
further continuation or repetition of the infringement of the
right.
(5) Where a board of inquiry for any reason is unable to exer- Re-appoint
.
i.i-..
. .
ment of
cise its powers under this section or section 38, the Commission board
may request the Minister to appoint a new board of inquiry in its
place.

(6) Where, upon dismissing a complaint, the board of inquiry Costs
finds that,
(a) the complaint was trivial, frivolous, vexatious or made
in bad faith; or
(b) in the particular circumstances undue hardship was
caused to the person complained against,

the board of inquiry may order the Commission to pay to the
person complained against such costs as are fixed by the board.

(7) The board of inquiry shall make its finding and decision
within thirty days after the conclusion of its hearing.
so days
4 1.—(1) Any party to a proceeding before a board of inquiry
may appeal from a decision or order of the board to the Div- board of
isional Court in accordance with the rules of court.
inquiry

(2) Where notice of an appeal is served under this section, the Rbeecfiled
°rd,to
board of inquiry shall forthwith file in the Divisional Court the in court
record of the proceedings before it in which the decision or order
appealed from was made and the record, together with a tran­
script of the oral evidence taken before the board if it is not part
of the record of the board, shall constitute the record in the
appeal.
(3) An appeal under this section may be made on questions of
law or fact or both and the court may affirm or reverse the
decision or order of the board of inquiry or direct the board to
make any decision or order that the board is authorized to make
under this Act and the court may substitute its opinion for that of
the board.
42. Where a settlement of a complaint is agreed to in writing, Settlements
signed by the parties and approved by the Commission, the
settlement is binding upon the parties, and a breach of the set­
tlement is grounds for a complaint under section 31, and this Part
applies to the complaint in the same manner as if the breach of
the settlement were an infringement of a right under this Act.

20

Chap. S3

Penalty

43 —(1) Every person who contravenes section 8, subsection
32 (11), or an order of a board of inquiry, is guilty of an offence
and on conviction is liable to a fine of not more than $25,000.

Consent to
prosecution.

(2) No prosecution for an offence under this Act shall be
.
.
.
..
.
instituted except with the consent in writing of the Attorney
General.

acts of officer
etc.
’

44.—(1) For the purposes of this Act, except subsection 2 (2),
subsection 4 (2), section 6 and subsection 43 (1), any act or thing
done or omitted to be done in the course of his or her employment
by an officer, official, employee or agent of a corporation, trade
union, trade or occupational association, unincorporated associ­
ation or employers’ organization shall be deemed to be an act or
thing done or omitted to be done by the corporation, trade union,
trade or occupational association, unincorporated association or
employers’ organization.

Opinion re

(2) At the request of a corporation, trade union, trade or occupational association, unincorporated association or employers
organization, a board of inquiry in its decision shall make known
whether or not, in its opinion, an act or thing done or omitted to
be done by an officer, official, employee or agent was done or
omitted to be done with or without the authority or acquiescence
of the corporation, trade union, trade or occupational associa­
tion, unincorporated association or employers’ organization, and
the opinion does not affect the application of subsection (1).

acquiescence

HUMAN RIGHTS CODE

1981

PART V
GENERAL
Interpretation

45. In this Act,

(a) “Commission” means the Ontario Human Rights
Commission;

(b) “Minister” means the member of the Executive Council
to whom the powers and duties of the Minister under
this Act are assigned by the Lieutenant Governor in
Council;

cc. 219,381’

(c) “person”, in addition to the extended meaning given it
by the Interpretation Act, includes an employment
agency, an employers’ organization, an unincorporated
association, a trade or occupational association, a trade
union, a partnership, a municipality and a board of
police commissioners established under the Police Act.

1981

human rights code

Chap. 53

21

46 .—(1) This Act binds the Crown and every agency of the acts of the

Crown.

( 2) Where a provision in an Act or regulation purports to Act has
require or authorize conduct that is a contravention of Part I, this over other
Act applies and prevails unless the Act or regulation specifically Acts
provides that it is to apply notwithstanding this Act.
( 3) Subsection (2) does not apply to an Act or regulation Application
heretofore enacted or made until two years after this Act comes
into force.
4 7. The Lieutenant Governor in Council may make régula- Regulations

tions,

(a) prescribing criteria or guidelines for boards of inquiry
in the making of findings under subsections 40 (2) and
(3);

(b) prescribing forms and notices and providing for their
use.
48. The Ontario Human Rights Code, being chapter 340 of Repeal
the Revised Statutes of Ontario, 1980, is repealed.
*49. This Act comes into force on a day to be named by Commencement
proclamation of the Lieutenant Governor.

50. The short title of this Act is the Human Rights Code, Short title

1981.
*This Act was proclaimed in force on the 15th day of June,
1982.

PLAY YOUR PART...
HE ultimate success of the Human Rights Code depends on
the degree to which the individual citizen plays his or her
part in applying its principles at the community level. Here are
some of the ways in which you can help:

T

• By promoting full observance of the Human Rights Code in
every area of your community life.
• By informing the Human Rights Commission of any dis­
criminatory practices that come to your attention.
• By urging the organizations to which you belong to establish a
Human Rights Committee to co-operate with the Commission
in its program of education and enlightenment.
• By helping to organize group and intergroup conferences,
panel discussions and film programs on human rights in your
community.

• By encouraging your community to play its part in advancing
the aims of the Human Rights Code by observing such
anniversaries as Magna Carta (June 15th) and the Universal
Declaration of Human Rights (December 10th).
• By co-operating with your local press, radio, television and
other community agencies in their efforts to promote wider
understanding and application of the Code.
• By helping to circulate this and other Commission publica­
tions as widely as possible.

22

Mutuality
The aim of Ontario’s Human Rights Code is to create at the community
level a climate of understanding and mutual respect, in which all our
people, of whatever racial, religious or cultural background—new
Canadian no less than native born—will be made to feel that all are
equal in dignity and rights, that each is a part of the whole Canadian
community, and that each has a rich contribution to make to the
development and well being of our province and nation. Few will dis­
agree that this is a prerequisite for the building of a truly healthy
Canadianism.

HONOURABLE RUSSELL H. RAMSAY
Minister of Labour

THE ONTARIO HUMAN RIGHTS COMMISSION
CHAIRMAN:
Borden C. Purcell
VICE-CHAIRMAN:
W. Gunther Plant

RACE RELATIONS COMMISSIONER:
Bhausaheb Ubale

COMMISSIONERS:
Peter Cicchi, Albin Jousse. Marie Marchand. Harry Parrott.
Leonidas Polymenakos. Gene Rheaume. Bev. Salmon
EXECUTIVE Director
George A. Brown
Address all correspondence to:

Ontario Human Rights Commission
400 University Avenue, Toronto M7A 1T7
119 King Street West, Hamilton L8N 3Z9
808 Robertson Street. Kenora P9.X 1X9
1055 Princess Street. Kingston K7L 1H3
824 King Street West, Kitchener N2G IG1
205 Oxford Street East. London X6A 5G6
2 Robert Speck Parkway,.Mississauga L4Z iH''
2197 Riverside Drive, Ottawa Kill 7X3

390 Bay Street. Sault Ste. Marie P6A 1X2
25tm Lawrence Avenue East. Scarborough
M1P 2R7
205 king Street. St. Catharines L2R 3J5
199 Larch Street, Sudbury P3E 5P9
435 James Street South, Thunder Bay P7E 6E3
273 Third Axenue. Timmins P4X 11x2
5OO Ouellette Axenue, Windsor N9A 1B3

ISBN 0-7743-5194-2

25M/6/82