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:
Policy statement on a human rights-based approach to managing the COVID-19 pandemic
Under the Ontario Human Rights Code (Code), the Ontario Human Rights Commission (OHRC) has the mandate to make policies that provide guidance on human rights obligations under the Code and to make recommendations that promote human rights during situations of tension or conflict.
COVID-19 and Ontario’s Human Rights Code – Questions and Answers
Last updated October 20, 2022
The OHRC has developed a series of questions and answers for understanding your human rights and obligations during the COVID-19 pandemic. These questions and answers cover the rights and responsibilities of employers and employees, tenants and landlords, as well as residential institutions.
Disclaimer: The answers to the questions posed do not constitute legal advice. The OHRC continues to monitor the evolving situation and will update or add to these questions and answers on an ongoing basis as needed.
OHRC policy statement on the COVID-19 pandemic
Following the lead of the United Nations High Commissioner for Human Rights, the Ontario Human Rights Commission (OHRC) urges Ontarians to keep human rights principles under Ontario’s Human Rights Code (Code), the Canadian Charter of Rights and Freedoms (Charter) and relevant international human rights treaties at the centre of decision-making during the coronavirus (COVID-19) pandemic.
OHRC statement on Facebook announcement on preventing discriminatory advertising
The OHRC welcomes today’s announcement by Facebook Canada that aims to ensure advertisements cannot discriminate based on factors such as age, gender, or postal code.
Letter to Associate Minister Dunlop on the Child Welfare System Consultation
I am writing on behalf of the Ontario Human Rights Commission (OHRC) with regard to the government’s public consultation into Ontario’s child welfare system.
Letter to TCDSB on including gender identity, gender expression, family status and marital status in the TCDSB’s Code of Conduct
The OHRC is aware that the Toronto Catholic District School Board (TCDSB) is considering amending its Code of Conduct to specifically include gender identity, gender expression, family status and marital status as grounds upon which members of the TCDSB community cannot be treated unfairly. Our understanding is that this issue is being specifically considered by the Catholic Education and Living our Catholic Values Sub-committee on September 25, 2019.
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.
Summary: Misetich v. Value Village – Discrimination on the basis of family status
September 2016 - The OHRC intervened in Misetich v. Value Village, a case before the Human Rights Tribunal of Ontario (HRTO), involving allegations of discrimination on the basis of family status. The OHRC intervened to ensure that the Federal Court of Appeal's decision in Johnstone v.
Human rights settlement aims to increase gender diversity in Ottawa Police Service
Toronto - A settlement has been reached with the Ottawa Police in a case that alleged a female police officer was denied training, job placement and promotion opportunities because of her family status, sex and maternity leaves. The Ontario Human Rights Commission (OHRC) intervened at the Human Rights Tribunal of Ontario to address systemic barriers to promotion and advancement that women can face.
Can I fire a woman whose pregnancy is preventing her from doing the job she was hired to do?
It is discrimination if you fire, demote or lay off an employee because she is or may become pregnant or she is away on maternity leave or disability leave related to pregnancy. Employers have a duty to accommodate a pregnant woman unless it would cause undue hardship. This may include changing her job duties temporarily or providing time off work.