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Policies and guidelines

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.

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.

May 1, 2013
Policy on preventing sexual and gender-based harassment
Approved by the OHRC January 27, 2011 Updated by the OHRC May 2013 Available in various formats Summary What is sexual harassment? In the Ontario Human Rights Code (the Code), sexual harassment is “engaging in a course of vexatious comment or conduct that is known or ought to be known to be unwelcome.” In some cases, one incident could be serious enough to be sexual harassment.
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April 26, 2012
Policy on competing human rights
Summary
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July 21, 2009
Policy on human rights and rental housing
Approved by the OHRC: July 21, 2009  OverviewHousing is a human rightHousing is a human right. International law states that Canada must work towards making sure everyone has access to adequate and affordable housing. But some people, based on factors such as race, ancestry, disability, sex, family status and social and economic status, do not receive the housing rights they are entitled to. When multiple factors intersect, the disadvantage increases and people are at even greater risk of discrimination, poverty and even homelessness.
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April 28, 2007
Policy and guidelines on discrimination because of family status
Approved by the Commission: March 28, 2007 Available in various accessible formats Please Note This Policy contains the Commission’s interpretation of provisions of the Ontario Human Rights Code relating to family status. It is subject to decisions of the Superior Courts interpreting the Human Rights Code. Any questions regarding this Policy should be directed to the staff of the Ontario Human Rights Commission.
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June 9, 2005
Policy and guidelines on racism and racial discrimination
ISBN: 0-7794-8397-9 Approved by the Commission: June 9, 2005 (Please note: minor revisions were made in December 2009 to address legislative amendments resulting from the Human Rights Code Amendment Act, 2006, which came into effect on June 30, 2008.) Also available on the Internet: www.ohrc.on.ca Available in other accessible formats on request
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September 29, 2004
Guidelines on accessible education
ISBN 0-7794-7191-1 Approved by the OHRC: September 29, 2004 (Please note: minor revisions were made in December 2009 to address legislative amendments resulting from the Human Rights Code Amendment Act, 2006, which came into effect on June 30, 2008.) Available in other accessible formats on request Also available on Internet: www.ohrc.on.ca
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March 26, 2002
Policy on discrimination against older people because of age
Approved by the OHRC: March 26, 2002 Revised by OHRC: February 1, 2007  (Please note: minor revisions were made in December 2009 to address legislative amendments resulting from the Human Rights Code Amendment Act, 2006, which came into effect on June 30, 2008.) Available in other accessible formats upon request
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November 23, 2000
Policy and guidelines on disability and the duty to accommodate
Revised version approved by the Commission: November 23, 2000 (Please note: minor revisions were made in December 2009 to address legislative amendments resulting from the Human Rights Code Amendment Act, 2006, which came into effect on June 30, 2008.) Available in other accessible formats on request
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September 27, 2000
Policy on drug and alcohol testing
Revised version approved by the OHRC: September 27, 2000 (Please note: minor revisions were made in December 2009 to address legislative amendments resulting from the Human Rights Code Amendment Act, 2006, which came into effect on June 30, 2008.) Available in other accessible formats on request
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January 11, 2000
Policy on discrimination and harassment because of sexual orientation
ISBN: 1-4249-0303-3 Approved by the OHRC: January 11, 2000 Revised by the OHRC: January 25, 2006 (Please note: minor revisions were made in December 2009 to address legislative amendments resulting from the Human Rights Code Amendment Act, 2006, which came into effect on June 30, 2008.) Also available on Internet: www.ohrc.on.ca Available in other accessible formats on request
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