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Section 30 of the Ontario Human Rights Code authorizes the OHRC to prepare, approve and publish human rights policies to provide guidance on interpreting provisions of the Code. The OHRC’s policies and guidelines set standards for how individuals, employers, service providers and policy-makers should act to ensure compliance with the Code. They represent the OHRC’s interpretation of the Code at the time of publication. Also, they advance a progressive understanding of the rights set out in the Code.

Section 45.5 of the Code states that the HRTO may consider policies approved by the OHRC in a human rights proceeding before the Human Rights Tribunal of Ontario (HRTO). Where a party or an intervener in a proceeding requests it, the HRTO shall consider an OHRC policy. Where an OHRC policy is relevant to the subject-matter of a human rights application, parties and interveners are encouraged to bring the policy to the HRTO’s attention for consideration.

Section 45.6 of the Code states that if a final decision or order of the HRTO is not consistent with an OHRC policy, in a case where the OHRC was either a party or an intervener, the OHRC may apply to the HRTO to have the HRTO state a case to the Divisional Court to address this inconsistency.

OHRC policies are subject to decisions of the Superior Courts interpreting the Code. OHRC policies have been given great deference by the courts and the HRTO, applied to the facts of the case before the court or the HRTO, and quoted in the decisions of these bodies.

All OHRC policies are available in one bound volume, Human Rights Policy in Ontario, 2011, available from Carswell, a Thomson Reuters business.

Indigenous-specific hiring – Frequently asked questions

The Ontario Human Rights Commission (OHRC) developed its Policy statement on Indigenous-specific hiring and Context guide for the Policy statement on Indigenous-specific hiring to support employers hiring for Indigenous-specific positions. This Frequently Asked Questions page (FAQ) answers common questions with summary information from the policy statement and accompanying context guide.

Policy statement on Indigenous-specific hiring

Over the past several years, the OHRC has learned that there is significant demand from non-Indigenous employers for guidance on how to appropriately hire for Indigenous-specific positions, while meeting their obligations under the Ontario Human Rights Code (Code). The need for this guidance has been exacerbated by widespread reports of alleged Indigenous identity fraud by non-Indigenous people. In response, Indigenous Peoples and organizations have called for action, and it has become essential that hiring practices and policies for Indigenous-specific positions include a process to confirm claims of Indigenous identity.

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.

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.

Policy on accessible education for students with disabilities

The Ontario Human Rights Code  recognizes the importance of creating a climate of understanding and mutual respect for the dignity and worth of each person, so that each person can contribute fully to the development and well-being of the community and the Province. The Code guarantees the right to equal treatment in education, without discrimination on the ground of disability, as part of the protection for equal treatment in services.

This Policy replaces the Guidelines on accessible education (2004).

Policy statement on cannabis and the Human Rights Code

September 2018 - Ontario’s Human Rights Code and the Ontario Human Rights Commission’s policies apply to cannabis in the same way they do for other drugs. The Code protects people who use cannabis for a medical purpose related to a disability from discriminatory treatment in employment, housing, services and other areas. The Code also prohibits discrimination against people who have or are perceived to have an addiction to cannabis based on the ground of disability.

Policy statement on religious accommodation in schools

March 2017 - Education providers are responsible for many things, including delivering a curriculum, managing the various other aspects of educational services, ensuring student safety, fostering pluralistic environments that respect human rights, and managing tension and conflict as they arise in the school setting. Schools ought to be a place for healthy discussions about acceptance and where a diversity of views can co-exist. Educators should communicate messages about difference in a fair and respectful manner and be sensitive to the views of everyone protected by the Ontario Human Rights Code. Students, staff and parents should realize that they cannot reasonably expect their own views and beliefs to be respected if they are not willing to respect the views and beliefs of others.

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