1. Summary
Ontario’s Human Rights Code (the Code)1 protects everyone’s right to equal treatment without discrimination based on 17 characteristics known as Code grounds.2 The Code applies to five social areas, namely employment, housing, goods, services and facilities, contracts, and membership in unions, trade or occupational associations.
Scholarships, bursaries, and other awards (defined in section 3.1 of this policy) are services under the Code. Organizations are prohibited from treating any individual differently based on one or more Code grounds when creating or granting scholarships, bursaries, and other awards – regardless of whether the organization is private or public.
At the same time, the Code, the Canadian Charter of Rights and Freedoms (the Charter),3 and the Supreme Court of Canada4 all recognize the importance of addressing historical disadvantage by protecting special programs designed to help marginalized groups. Such programs can include scholarships, bursaries, and other awards available only to individuals who identify by one or more Code grounds (referred to as “targeted scholarships, bursaries, and other awards” in this policy).
In this policy, the Ontario Human Rights Commission (OHRC):
- Outlines that scholarships, bursaries, and other awards must be based on non-discriminatory factors (such as merit, personal financial need, course specialization, or recognition for special contributions to academic or extracurricular life) and may not restrict eligibility based on Code grounds, except in the case of Code-permitted targeted scholarships, bursaries, and other awards.
- Explains that targeted scholarships, bursaries, and other awards are permitted under the Code if offered for the purposes of achieving substantive equality, or if they serve another valid purpose recognized under the Code.
- Explains how targeted scholarships, bursaries, and other awards can significantly improve access to services for disadvantaged individuals, including access to post-secondary education and related benefits (e.g., enhanced employment opportunities and income levels).
- Describes the applicable Code exceptions that permit targeted scholarships, bursaries, and other awards.
- Discusses the duty to accommodate under the Code and how it interacts with scholarships, bursaries, and other awards, including targeted ones.
- Explains that “merit” should consider an individual’s entire experience and consider the systemic discrimination that affects who meets seemingly neutral requirements (such as “good grades” or early-career opportunities like internships).
- Addresses unique considerations which apply to targeted scholarships, bursaries, and other awards restricted to Indigenous people, Francophones, or by age.