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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.

April 25, 2016
Summary for the revised Policy on drug and alcohol testing
April 2016   We are currently revising our Policy on drug and alcohol testing (2000).  This summary contains some of the important points employers should be aware of in the interim.    The updated policy will be available later this year.
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February 11, 2016
OHRC policy position on sexualized and gender-specific dress codes
Some Ontario employers require female employees to dress in a sexualized or gender-specific way at work, such as expecting women to wear high heels, short skirts, tight clothing or low-cut tops. These kinds of dress codes reinforce stereotypical and sexist notions about how women should look and may violate Ontario’s Human Rights Code.
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November 17, 2015
Policy on preventing discrimination based on creed
Approved by the OHRC: September 17, 2015 PDF recommended for assistive technology This document replaces the Policy on creed and the accommodation of religious observances (1996)
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September 17, 2014
Policy on preventing discrimination because of pregnancy and breastfeeding
Approved by the OHRC: September 19, 1996
Revised by the OHRC: May 26, 1999, October 9, 2001, 2008, 2014 Official release: October 29, 2014  Available in various accessible formats
 
Summary
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June 18, 2014
Policy on preventing discrimination based on mental health disabilities and addictions
Approved by the OHRC: January 31, 2014 Official release: June 18, 2014 Available in various accessible formats Executive summary People with mental health disabilities or addictions have faced considerable and longstanding discrimination, stigmatization and social exclusion in Canada and across the world. In recognition of this, the Supreme Court of Canada has said:
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March 26, 2014
Policy on preventing discrimination because of gender identity and gender expression
Approved by the OHRC: January 31, 2014 Official release date: April 14, 2014 Available in accessible formats on request Summary People who are transgender, or gender non-conforming, come from all walks of life. Yet they are one of the most disadvantaged groups in society. Trans people routinely experience discrimination, harassment and even violence because their gender identity or gender expression is different from their birth-assigned sex.
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June 11, 2013
Policy on Removing the “Canadian experience” barrier
Approved by the OHRC: February 1, 2013 Available in accessible formats on request 1. Introduction Canada is home to immigrants[1] from all over the world. Seen as a place of opportunity, peace and democratic governance, Canada has been able to attract highly-skilled immigrants. In return, Canada’s culture, society and economy have been greatly enriched by their contributions.
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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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