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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.

June 19, 1996
Policy on discrimination and language
Approved by the Commission: June 19, 1996 (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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June 19, 1996
Policy on requiring a driver's licence as a condition of employment
Approved by the OHRC: June 19, 1996 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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June 19, 1996
Policy on employment-related medical information
Approved by the OHRC: June 19, 1996(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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June 19, 1996
Policy on height and weight requirements
ISBN 0-7778-5903-3Approved by the OHRC: June 19, 1996(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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April 9, 1996
Policy on female genital mutilation (FGM)
Approved by the Commission: April 9, 1996Revised by the Commission: November 22, 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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