Understanding the Difference Between Ontario’s Human Rights Code and the Canadian Human Rights Act

In Canada, both the federal and provincial governments have enacted legislation to protect individuals from discrimination and to promote equality. While these laws share a common purpose, they apply in different contexts and are administered by different bodies. This article outlines the primary differences between Ontario’s Human Rights Code and the Canadian Human Rights Act, providing clarity on when each applies and what protections they offer.

The Ontario Human Rights Code

The Ontario Human Rights Code is a provincial statute that provides protection from discrimination and harassment in various aspects of public life within the province of Ontario. It applies to:

• Employment

• Housing

• Services (including education, healthcare, and retail)

• Contracts

• Membership in trade unions or professional associations

Grounds of Discrimination

The Code prohibits discrimination on several protected grounds, including but not limited to:

• Race, ancestry, and place of origin

• Religion

• Sex, gender identity, and gender expression

• Sexual orientation

• Age

• Disability

• Marital and family status

The Code is administered by the Ontario Human Rights Commission (OHRC) and enforced through the Human Rights Tribunal of Ontario (HRTO).

The Canadian Human Rights Act

The Canadian Human Rights Act is federal legislation that protects individuals from discrimination by organizations that fall under federal jurisdiction. This includes:

• Banks

• Airlines

• Telecommunications companies

• Interprovincial transportation services

• Federal government departments and agencies

Protected Grounds

The Act covers similar grounds to those found in the Ontario Code, including race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, disability, and conviction for an offence for which a pardon has been granted or a record suspension has been ordered.

The Act is administered by the Canadian Human Rights Commission (CHRC), and complaints are adjudicated by the Canadian Human Rights Tribunal.

Key Differences Between the Two

Aspect	Ontario Human Rights Code	Canadian Human Rights Act
Jurisdiction	Provincial (Ontario)	Federal (Canada-wide, federally regulated sectors)
Scope of Application	Employment, housing, services, etc. within Ontario	Federally regulated organizations and services
Governing Body	Ontario Human Rights Commission	Canadian Human Rights Commission
Enforcement Mechanism	Human Rights Tribunal of Ontario	Canadian Human Rights Tribunal

Determining Which Law Applies

The determining factor in deciding which legislation applies is the nature of the organization or service provider involved in the situation:

• Individuals who work for or access services from provincially regulated organizations in Ontario are protected under the Ontario Human Rights Code.

• Individuals employed by or interacting with federally regulated organizations are covered under the Canadian Human Rights Act.

For example, an employee of a local restaurant in Ontario would file a complaint under the Ontario Code. Conversely, an employee of a national airline would seek recourse through the Canadian Human Rights Act.

Conclusion

Both the Ontario Human Rights Code and the Canadian Human Rights Act serve the vital function of promoting human dignity and protecting individuals from discrimination. However, the laws differ in terms of jurisdiction and scope. Understanding which legislation applies in a particular circumstance is essential for asserting and protecting one's rights.

For individuals uncertain about which law applies to their case, it is advisable to contact the appropriate human rights commission or seek legal advice from a professional with expertise in human rights law.