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Family and marital status

The Code includes two grounds that provide protections for persons in relationships: marital status and family status. “Marital status” is defined in section 10 of the Code as “the status of being married, single, widowed, divorced or separated and includes the status of living with a person in a conjugal relationship outside marriage”, including both same-sex and opposite sex relationships.

Family status” is defined as “the status of being in a parent and child relationship.”  This can also mean a parent and child “type” of relationship, embracing a range of circumstances without blood or adoptive ties but with similar relationships of care, responsibility and commitment.

The grounds of marital and family status intersect to cover a range of family forms, including lone parent and blended families, as well as families where the parents are in a ‘common law’ relationship. 

Relevant policy:

  1. OHRC submission on the More Homes Built Faster Act: Rent to own

    From: More Homes Built Faster Act – OHRC submissions

    In developing rent-to-own arrangement programs, it will be crucial to focus on the important social role of homes as recognized through the Code’s specific protections against discrimination in accommodation. Every effort made to create innovative pathways to homeownership must be exercised without discrimination.3

    Rent-to-own arrangements present a powerful tool to address decades of discrimination in accommodation that have prevented Code-protected groups from building generational wealth.

  2. OHRC submission on the More Homes Built Faster Act: Inclusionary zoning

    From: More Homes Built Faster Act – OHRC submissions

    The OHRC is supportive of the Ministry of Municipal Affairs and Housing’s (MMAH) efforts to standardize rules for inclusionary zoning, and strongly encourages MMAH to take a human rights-based approach to this work. The OHRC believes this is an opportunity to strengthen inclusionary zoning to increase access to permanent affordable housing, especially for vulnerable tenants who generally are protected by the Code. As a result, the OHRC recommends there would not be any change that weakens the rules that govern inclusionary zoning.

  3. More Homes Built Faster Act – OHRC submissions

    The OHRC welcomes the government’s effort to address the housing crisis. As the government moves to implement More Homes Built Faster, it is vital to take a human rights-based approach to housing law, policies, programs and bylaws. This includes Ontario’s obligations under the Human Rights Code (Code) and recognition of the right to housing as affirmed in the National Housing Strategy Act. 

  4. Letter and submission to the Minister of Municipal Affairs and Housing on proposed regulatory amendments under the Housing Services Act

    February 17, 2022

    I am writing today to provide the Ontario Human Rights Commission’s (OHRC) submission on the government’s Proposed Regulatory Amendments under the Housing Services Act, 2011 – Reg. 367/11. The OHRC is committed to bringing a human rights perspective to government strategies aimed at addressing poverty, homelessness and hunger.

  5. Letter to Ontario government ministers on the OHRC’s Policy statement on human rights in COVID-19 recovery planning

    November 9, 2021

    On November 9, 2021, the OHRC released its Policy statement on human rights in COVID-19 recovery planning. The OHRC has shared this statement with ministers across all relevant sectors, as we believe it will help guide their ministry’s pandemic recovery efforts.

  6. OHRC Policy statement on human rights in COVID-19 recovery planning

    November 9, 2021

    Engaging the human rights principles contained in the OHRC Policy statement on human rights in COVID-19 recovery planning will result in evidence- and human rights-informed approaches to recovery planning, policy and program design. Rooting the pandemic recovery in human rights principles and proactively taking equity into account will support governments and service providers in meeting their legal obligations to eliminate discrimination and advance substantive equality.

  7. Letter to Mayor and Council of Township of Brock on decisions and by-laws on supportive housing

    October 12, 2021

    The OHRC is concerned that the Township of Brock’s Interim Control By-law 2994-2020 to "prohibit the establishment of Supportive Housing and Modular Construction, including Manufactured Dwelling Houses" creates barriers to establishing and accessing supportive housing, which may be discriminatory under the Human Rights Code. The OHRC calls on Council to remove any barriers that have a discriminatory effect as soon as possible, and to allow such supportive housing projects to proceed.

  8. OHRC Policy statement on COVID-19 vaccine mandates and proof of vaccine certificates

    September 22, 2021

    While receiving a COVID-19 vaccine remains voluntary, the OHRC takes the position that mandating and requiring proof of vaccination to protect people at work or when receiving services is generally permissible under the Human Rights Code (Code) as long as protections are put in place to make sure people who are unable to be vaccinated for Code-related reasons are reasonably accommodated.

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