Discrimination in Housing in Ontario

Source: Canadian Human Rights Act, R.S.C. 1985, c. H-6, s. 5; Provincial human rights codes

Reviewed by the Commoner Law Editorial Team. Sourced from Canadian federal statutes and official sources. Provincial information reflects each province's own legislation and court rulings. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards

Canadian Federal Law

What is this right?

It is illegal in Canada to refuse to rent to someone, treat them differently, or evict them based on prohibited grounds. These include race, ethnic origin, colour, religion, age, sex, sexual orientation, gender identity, marital status, family status, disability, and pardoned criminal conviction.

Provincial human rights codes may add additional grounds. For example, Ontario also prohibits discrimination based on receipt of public assistance — meaning a landlord cannot refuse to rent to you because you receive social assistance or disability benefits.

Both direct discrimination ("we don't rent to families with children") and systemic discrimination (policies that have a discriminatory effect) are prohibited.

When does it apply?

  • At all stages of a tenancy — rental ads, tenant screening, lease terms, maintenance and repairs, and eviction.
  • Applies to private landlords and property management companies alike.
  • Covers apartments, houses, condos, rooms, and all other residential rentals.

What to Do If a Canadian Landlord Discriminates Against You

  • Document the discriminatory conduct — save emails, texts, screenshots of ads, and notes of conversations with dates and details.
  • File a complaint with the Canadian Human Rights Commission (CHRC) for federal matters, or your provincial human rights tribunal. Most have a 12-month filing deadline.
  • Contact a legal clinic or community legal aid organization that handles human rights cases.
  • Report discriminatory rental ads to the platform hosting them and to your provincial human rights body.

What should you NOT do?

  • Don't assume nothing can be done — human rights tribunals exist specifically to handle these cases.
  • Don't wait too long to file. Most jurisdictions have a 12-month deadline from the date of the incident.
  • Don't retaliate against your landlord — it can weaken your complaint.
  • Don't accept "it's already rented" at face value if you suspect discrimination. Document what happened and file a complaint.
Ontario Law
ON

How Ontario differs from federal law

Housing discrimination in Ontario is prohibited by the Ontario Human Rights Code. The Code protects tenants and prospective tenants from discrimination in renting, buying, and accessing housing.

  • A landlord cannot refuse to rent to you or treat you differently based on: race, colour, ancestry, place of origin, ethnic origin, citizenship, creed (religion), sex, sexual orientation, gender identity, gender expression, age (18+), marital status, family status, disability, or receipt of public assistance (including Ontario Works or ODSP).
  • Specifically, landlords cannot discriminate against you for receiving social assistance (welfare or disability benefits). This is a common form of housing discrimination in Ontario — "No ODSP" or income requirements that exclude assistance recipients have been found to violate the Code.
  • Landlords cannot refuse families with children (except in genuine seniors-only buildings with all occupants aged 65+).
  • Landlords have a duty to accommodate disability-related needs (e.g., allowing a service animal despite a no-pets policy, or making accessibility modifications) to the point of undue hardship.
  • Asking discriminatory questions on rental applications (about religion, family plans, country of origin, etc.) is itself a violation of the Code.

Additional Steps in Ontario

File a complaint with the Human Rights Tribunal of Ontario (HRTO) within 1 year of the discrimination. Applications can be filed online at sjto.ca/hrto. The Human Rights Legal Support Centre (1-866-625-5179) provides free legal help. The HRTO can order the landlord to pay compensation for injury to dignity, rent the unit to you, and change their rental practices. You can also contact the Centre for Equality Rights in Accommodation (CERA) for advocacy support.

Relevant Law: Human Rights Code, R.S.O. 1990, c. H.19, ss. 2, 4, 21 (Housing); Kearney v. Bramalea Ltd. (1998), CHRR Doc. 98-105 (HRTO — receipt of public assistance)

Common Questions

When does discrimination in housing apply?

At all stages of a tenancy — rental ads, tenant screening, lease terms, maintenance and repairs, and eviction.Applies to private landlords and property management companies alike.Covers apartments, houses, condos, rooms, and all other residential rentals.

What should I do if I think a landlord in Canada refused to rent to me because of discrimination?

Document the discriminatory conduct — save emails, texts, screenshots of ads, and notes of conversations with dates and details.File a complaint with the Canadian Human Rights Commission (CHRC) for federal matters, or your provincial human rights tribunal. Most have a 12-month filing deadline.Contact a legal clinic or community legal aid organization that handles human rights cases.Report discriminatory rental ads to the platform hosting them and to your provincial human rights body.

What mistakes should I avoid with discrimination in housing?

Don't assume nothing can be done — human rights tribunals exist specifically to handle these cases.Don't wait too long to file. Most jurisdictions have a 12-month deadline from the date of the incident.Don't retaliate against your landlord — it can weaken your complaint.Don't accept "it's already rented" at face value if you suspect discrimination. Document what happened and file a complaint.

You came here to know your rights — help someone else know theirs.

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