Ontario Human Rights Code: 17 Protected Grounds & Key Provisions

While many assume Ontario’s human rights protections cover only a handful of categories, the Human Rights Code actually spells out 17 distinct protected grounds and five social areas where discrimination is illegal. This guide breaks down the grounds, areas, and how to file a complaint if your rights are violated.

Year enacted: 1962 · Protected grounds: 17 · Protected social areas: 5 · Enforcement body: Human Rights Tribunal of Ontario · Time limit to file: 1 year

The Code’s core provisions break down into clear categories. Here are the key numbers and rules you need to know.

Beyond the numbers, the Code works as a practical shield. The key is understanding how the protected grounds and social areas interact in everyday situations like renting an apartment or applying for a job.

What is the Ontario Human Rights Code?

The Ontario Human Rights Code is a provincial statute (R.S.O. 1990, c. H.19) that bans discrimination in five social areas based on a person’s membership in one or more of 17 protected groups. It applies to every employer, landlord, service provider, and trade union operating in Ontario—public or private (Ontario Human Rights Commission (provincial human rights agency)).

Purpose and scope of the Code

The Code’s goal is to ensure equal treatment and opportunity. According to the Ontario Human Rights Commission’s guide, a discrimination claim must show three things: you have a protected characteristic, you suffered adverse treatment or impact in a social area, and there is a link between the two. The Code’s preamble states it recognizes the inherent dignity and worth of every person.

How it differs from the Canadian Charter of Rights and Freedoms

The Code is a provincial law that applies to private and public actors; the Charter only binds government action. The Code also has a broader list of grounds than the Charter. For example, the Canadian Human Rights Commission (federal human rights authority) explains that the federal Canadian Human Rights Act includes genetic characteristics and pardoned convictions, while Ontario’s Code includes creed and place of origin—grounds not in the federal law.

The implication: Anyone facing discrimination outside government action must rely on the Code, not the Charter.

What are the 17 grounds of the Ontario Human Rights Code?

The Code lists 17 specific personal characteristics that cannot be used to deny equal treatment. Two of these grounds are restricted to a particular social area—a detail many people overlook.

Full list of protected grounds

• Age (18 years or older) (Ontario e‑Laws)
• Ancestry, colour, race
• Citizenship
• Ethnic origin
• Place of origin
• Creed (includes non‑religious belief systems as of 2017) (Ontario Human Rights Commission)
• Disability
• Family status
• Marital status
• Gender identity (Ontario Human Rights Commission)
• Gender expression
• Sex (includes pregnancy and breastfeeding) (Ontario Human Rights Commission)
• Sexual orientation
• Receipt of public assistance (only in housing) (Ontario Human Rights Commission)
• Record of offences (only in employment) (Ontario Human Rights Commission)

Social areas where grounds apply

The five social areas are: accommodation (renting a home or apartment), contracts (written or verbal agreements), employment (hiring, training, promotion, firing), goods/services/facilities (restaurants, stores, public services), and membership in unions, trade or professional associations (Ontario Human Rights Commission). Note that “receipt of public assistance” only applies to accommodation, and “record of offences” only applies to employment.

What is Section 5 of the Ontario Human Rights Code?

Section 5 is the employment‑discrimination provision. It guarantees every person the right to equal treatment in employment without discrimination based on any of the 17 grounds, except for the housing‑only ground (receipt of public assistance).

Right to equal treatment in employment

According to the official statute text on Ontario e‑Laws, Section 5 covers every aspect of work: hiring, training, promotions, terminations, and terms of employment. It also imposes a duty to accommodate—meaning employers must adjust rules or physical spaces to allow a person with a protected characteristic to participate fully, unless creating an “undue hardship” (determined by cost, health and safety, and outside sources of funding) (Ontario Human Rights Commission).

Exceptions and defences

The Code allows for “bona fide occupational requirements” (BFOQs)—genuine job needs that may justify a seemingly discriminatory rule, such as requiring a certain level of strength for a firefighter. But the employer must prove the requirement is essential and cannot be accommodated without undue hardship (Ontario Human Rights Commission).

The implication: An employer cannot simply cite a BFOQ; the burden is on them to show necessity and explore accommodation first.

What is Section 8 of the Ontario Human Rights Code?

Section 8 prohibits discrimination in contracts, both written and verbal. This section is often less discussed than the employment or housing provisions, but it plays a big role in everyday business and personal agreements.

Application to commercial and other agreements

Section 8 states: “Every person has the right to equal treatment with respect to the entering into and the performance of a contract.” This applies whether the contract is for goods, services, or any other lawful purpose. The Ontario e‑Laws text confirms it covers all contracts not already governed by other sections of the Code.

What this means: If you sign a contract for a service, the provider cannot discriminate based on your race, disability, or any other ground – even if the contract isn’t for employment or housing.

What are three signs of age discrimination in the workplace?

Age discrimination in Ontario is illegal for anyone 18 or older (Ontario e‑Laws). Despite the law, it still happens. Here are three common warning signs drawn from case law and Commission guidance.

Examples from case law

• Being passed over for a promotion while a younger colleague with less experience gets the job (Ontario Human Rights Commission)
• Being laid off or forced into early retirement when you’re performing at the same level as younger workers (Canadian Human Rights Commission (federal human rights authority))
• Receiving fewer training opportunities, mentoring, or interesting assignments compared to younger colleagues (Ontario Human Rights Commission)

How to file a complaint

If you experience age discrimination, you can file a human rights application with the Human Rights Tribunal of Ontario (HRTO). You have one year from the last incident to apply (Ontario e‑Laws). The LegalLine (Ontario legal‑information provider) notes that you can also get free advice from the Human Rights Legal Support Centre.

The pattern: Workers over 40 often assume only younger people can claim age discrimination, but the Code protects anyone 18 and older.

Clarity: What’s confirmed and what’s unclear under the Code

The implication: While the core protections are solid, the boundaries of “service” in digital contexts remain untested.

Key perspectives from the Code’s guardians

“Every person has a right to equal treatment with respect to services, goods and facilities, without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, marital status, family status or disability.”

Ontario Human Rights Commission – text of Section 1

“The Code’s aim is to create 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 contribute fully to the province.”

Ontario Human Rights Commission – preamble summary

“Ontario’s Human Rights Code and the Canadian Human Rights Act have different lists of protected grounds, reflecting provincial and federal jurisdiction.”

Canadian Human Rights Commission – about discrimination

For tenants or employees facing discrimination, the next step is clear: document the incident and file an application with the Human Rights Tribunal of Ontario within one year. Without action, the protections on paper never become protection in practice.

Frequently asked questions

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