The Ontario Human Rights Commission (OHRC) welcomes the Ministry of Government Services’ consultation regarding change of sex designation on a birth registration of a minor. The OHRC is concerned that the current government practice – which does not allow for a change of sex designation on the birth registration and certificate of persons under age 18 – is discriminatory on the basis of gender identity and gender expression.
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:
August 22, 2014 - Dear Minister, Please find attached the Ontario Human Rights Commission’s (OHRC) submission in response to Ministry of Government and Consumer Services’ consultation regarding change of sex designation on a birth registration of a minor.
Recreational clubs such as sports clubs may give different services or charge different fees to persons based on sex, marital status or family status. For example, special family rates in a community centre or women-only sections of a gym are permitted under the 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.
 For more information, see the OHRC’s Policy on discrimination and harassment because of gender identity (2000).
July 2013 - When an employer requires people applying for jobs to have “Canadian experience,” or where a regulatory body requires “Canadian experience” before someone can get accredited, they may create barriers for newcomers to Canada. Requiring “Canadian experience” could violate the Ontario Human Rights Code (the Code), which protects people from discrimination based on grounds such as race, ancestry, colour, place of origin and ethnic origin.
July 25, 2012 - We are pleased to note that a key objective of the consultation is to develop revised criteria that are in accordance with the Human Rights Tribunal of Ontario’s decision dated April 11, 2012 in XY v. Ontario (Government and Consumer Services). We trust that this submission is of assistance in your development of revised criteria. We address the questions set out in your Consultation Document, and make additional observations.
March 2012 - The OHRC will focus its comments on the issues and barriers identified in the CRSAO’s reports that connect to the OHRC’s current priority initiatives dealing with racism experienced by Aboriginal people and other groups as well as disability, especially mental health discrimination.
The Ontario Human Rights Commission and the Ontario Ministry of Education have finalized a settlement of a human rights complaint initiated by the Commission against the Ministry and the Toronto District School Board (TDSB) in July 2005. A settlement was reached separately with the TDSB in November 2005.
August 2011 - The Human Rights Project aims to provide time limited support to MCSCS in its ongoing initiatives aimed at identifying and eliminating any possible discrimination in the employment of MCSCS employees and in the delivery of services by MCSCS. This Project Charter details the agreed upon relationship to be established between the three parties to fulfill these aims.
As a student, you have the right to an education where you are not sexually harassed. This includes primary, secondary and post-secondary education, and school activities such as sports, arts and cultural activities, field trips and tutoring.