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Goods, services and facilities

 

You have the right to be free from discrimination when you receive goods or services, or use facilities. For example, this right applies to:

  • stores, restaurants and bars
  • hospitals and health services
  • schools, universities and colleges
  • public places, amenities and utilities such as recreation centres, public washrooms, malls and parks
  • services and programs provided by municipal and provincial governments, including social assistance and benefits, and public transit
  • services provided by insurance companies
  • classified advertisement space in a newspaper. 

Relevant policies and guides:

  1. Commission intervenes in court case involving a Muslim woman's right to testify wearing her niqab (face covering)

    The central issue in this appeal is the apparent conflict between the intersecting religious and equality rights of a witness and the fair trial rights of the accused in the context of a criminal proceeding. The OHRC’s submissions set out a process, based in existing case law, to analyze and reconcile potentially competing rights. The proposed process can apply, with appropriate modifications, to any competing rights claims whether they arise under the Canadian Charter of Rights and Freedoms (the Charter), human rights legislation, the common law or otherwise.

  2. Solemnization of marriage by religious officials

    From: Guide to your rights and responsibilities under the Human Rights Code

    There is an exception to the rule that services and facilities must be offered without discrimination. It allows a religious official to refuse to perform a marriage ceremony, to refuse to make available a sacred place for performing a marriage ceremony or for an event related to a marriage ceremony, or to assist in the marriage ceremony where the ceremony would be against the person’s religious beliefs or the principles of their religion.

  3. Separate school rights preserved

    From: Guide to your rights and responsibilities under the Human Rights Code

    Separate schools in Ontario have special rights guaranteed by the Constitution and by the Education Act. Section 19 means that the Code cannot affect those rights, which are mainly related to the existence and funding of Roman Catholic schools. Otherwise, the right to be free from discrimination under the Code applies to Catholic schools. All schools have a legal duty to provide students with an education environment free from harassment and other forms of discrimination because of Code grounds.

  4. Restrictions of facilities by sex

    From: Guide to your rights and responsibilities under the Human Rights Code

    This section allows separate washrooms, examination areas, change rooms and other services that are men-only or women-only. Trans people should be provided access to facilities that are consistent with their lived gender identity.[34]


    [34] For more information, see the OHRC’s Policy on discrimination and harassment because of gender identity (2000).

  5. OHRC Submission to the Ministry of Children and Youth Services Review of the Child and Family Services Act

    The Ontario Human Rights Commission (OHRC) welcomes the opportunity to provide input to the government’s legislated review of the Child and Family Services Act (CFSA). Section 1 of Ontario’s Human Rights Code protects children from discrimination in services, because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, marital status, family status or disability.

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