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Family and Marital Status

The Code includes two grounds that provide protections for persons in relationships: marital status and family status. “Marital status” is defined in section 10 of the Code as “the status of being married, single, widowed, divorced or separated and includes the status of living with a person in a conjugal relationship outside marriage”, including both same-sex and opposite sex relationships.

“Family status” is defined as “the status of being in a parent and child relationship.”  This can also mean a parent and child “type” of relationship, embracing a range of circumstances without blood or adoptive ties but with similar relationships of care, responsibility and commitment.

The grounds of marital and family status intersect to cover a range of family forms, including lone parent and blended families, as well as families where the parents are in a ‘common law’ relationship. 

Relevant policy:

OHRC submission on the More Homes Built Faster Act: Rent to own

From: More Homes Built Faster Act – OHRC submissions

In developing rent-to-own arrangement programs, it will be crucial to focus on the important social role of homes as recognized through the Code’s specific protections against discrimination in accommodation. Every effort made to create innovative pathways to homeownership must be exercised without discrimination.3

Rent-to-own arrangements present a powerful tool to address decades of discrimination in accommodation that have prevented Code-protected groups from building generational wealth.

OHRC submission on the More Homes Built Faster Act: Inclusionary zoning

From: More Homes Built Faster Act – OHRC submissions

The OHRC is supportive of the Ministry of Municipal Affairs and Housing’s (MMAH) efforts to standardize rules for inclusionary zoning, and strongly encourages MMAH to take a human rights-based approach to this work. The OHRC believes this is an opportunity to strengthen inclusionary zoning to increase access to permanent affordable housing, especially for vulnerable tenants who generally are protected by the Code. As a result, the OHRC recommends there would not be any change that weakens the rules that govern inclusionary zoning.

More Homes Built Faster Act – OHRC submissions

The OHRC welcomes the government’s effort to address the housing crisis. As the government moves to implement More Homes Built Faster, it is vital to take a human rights-based approach to housing law, policies, programs and bylaws. This includes Ontario’s obligations under the Human Rights Code (Code) and recognition of the right to housing as affirmed in the National Housing Strategy Act. 

Re: MCSCS Corrections Reform - Findings from Tour of Kenora Jail

February 28, 2017 - Dear Minister Lalonde, I am writing today to provide you with a summary of what we learned. There are some issues that appear unique to the Kenora Jail that raise human rights concerns and warrant further consideration and action on the part of the Ministry of Community Safety and Correctional Services (MCSCS).  I look forward to discussing these issues further at our upcoming meeting scheduled for early March.

Human rights and family status (brochure)

2012 - The Ontario Human Rights Code (the Code) provides for equal rights and opportunities, and freedom from discrimination based on various grounds. The Code recognizes the dignity and worth of every person in Ontario, in employment, housing, facilities and services, contracts, and membership in unions, trade or vocational associations. The Code protects you from discrimination in these areas based on your family status.

Family status and the Ontario Human Rights Code (fact sheet)

2007 - The Ontario Human Rights Commission has interpreted the ground of family status as protecting a range of families and familial relationships from discrimination. It protects parents from being discriminated against because they have children; it also protects adult children who experience discrimination because they are caring for their aging parents. It protects non-biological parent and child relationships, such as those formed through adoption, fostering, and step-parenting, as well as lone parent families, and those headed by LGBT persons.

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