In Ontario, the Human Rights Code protects individual from discrimination and unfair treatment in five areas:
The Code also identifies 16 grounds upon which individuals should be protected from discrimination in the area of housing:
Specifically in relation to housing the Code states:
“Every person has a right to equal treatment with respect to the occupancy of accommodation, without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, marital status, family status, disability or the receipt of public assistance.”
This means that individuals are protected from discrimination in housing based on the 16 grounds above. If an individual experiences discrimination in housing, it is considered illegal and a violation of the Human Rights Code.
If you think you are facing discrimination when trying to access housing, or in any matter in your housing, CCHR may be able to assist you. Please contact us for support.
Discrimination can occur in any area of housing.
Some people may face discrimination when trying to access housing. For example, a landlord may refuse to rent to someone because they think that person is too young, or that they won’t be able to pay the rent because they receive social assistance, or because they hold prejudicial attitudes about the applicant’s race or ethnicity.
Other people may face discrimination while they are living in their unit. For example, a landlord may refuse to make changes to a unit to accommodate their tenant’s physical needs, or they may try to evict a tenant who is having a baby because they do not want a family living in the unit.
These are all examples of discrimination in housing as defined by the Ontario Human Rights Code.
The Code guarantees equal treatment and protection from discrimination in all aspects of housing. The right to be free from discrimination in housing includes not only the right to enter into a rental agreement and start a residential tenancy, but also the right to be free from discrimination in all matters during an individual’s tenancy.
Discriminatory treatment in any aspect of housing is illegal.
If you think you are facing discrimination when trying to access housing, or in any matter related to your housing, CCHR may be able to assist you. Please contact us for support.
The Ontario Human Rights Commission provides some information on how to identify discrimination. However, it can be difficult to identify and prove that discrimination has occurred, because discriminatory behaviour can often be subtle or unintended.
Various factors could be the cause of a negative housing issue, and it’s possible that none of these factors are due to discrimination as defined by the Human Rights Code. If you think you have experienced a negative issue in your housing – for example, a landlord has refused to rent to you – you should consider whether or not the landlord’s actions may have been discriminatory based on at least one of the protected grounds of the Human Rights Code.
If multiple factors contributed to a negative housing issue – like an individual being denied fair access to housing – and at least one of these factors were due to discrimination, the outcome could be the result of discrimination, and a violation of the Code.
If you think you are facing discrimination when trying to access housing, or in any area of housing, CCHR may be able to assist you. Please contact us for support.
You can also file an application with the Ontario Human Rights Tribunal.
The Human Rights Tribunal is one of eight Ontario Tribunals. When a complaint is filed with the Tribunal, they will determine whether or not the Code has been violated. If a person files an application with the Human Rights Tribunal they may need to attend a mediation session or a hearing and provide evidence of their complaint. If the Tribunal determines that there has been a violation of the Human Rights Code, the Tribunal may order what is known as a remedy, such as financial compensation.
If you would like assistance filing a human rights complaint, contact the Human Rights Legal Support Centre:
If you think you are facing discrimination when trying to access a place to call home or to ensure that your home is fit for you to live in, CCHR may be able to assist you. Please contact us for support.
You can also file an application with the Ontario Human Rights Tribunal.
The Human Rights Tribunal is one of eight Ontario Tribunals. When a complaint is filed with the Tribunal, they will determine whether or not the Code has been violated. If a person files an application with the Human Rights Tribunal, they may need to attend a mediation session or a hearing and provide evidence of their complaint. If the Tribunal determines that there has been a violation of the Human Rights Code, the Tribunal may order what is known as a remedy, such as financial compensation.
If you would like assistance filing a human rights complaint, contact the Human Rights Legal Support Centre:
The Canadian Centre for Housing Rights (CCHR) provides free, individualized services to renters in Ontario who are facing challenges in their housing.
Ontario’s Human Rights Code has primacy over all other legislation in Ontario, and offers the most fulsome protection of a tenant’s accessibility rights. Two other laws also protect tenants’ accessibility rights in Ontario: the Building Code Act, and the Accessibility for Ontarians and Disabilities Act.
The Ontario Building Code Act governs the construction of new buildings and the renovation and maintenance of existing buildings. However, the accessibility requirements set out in the Building Code do not always result in equal access to housing for people living with disabilities as required by the Ontario Human Rights Code. Many housing providers continue to rely only on the requirements of the Ontario Building Code without considering their obligations under the Human Rights Code. However, because the Human Rights Code takes precedence over all other legislation in Ontario, including the Building Code, housing providers may be vulnerable to a human rights claim if their premises do not meet the requirements of the Human Rights Code that housing must be accessible to residents.
The Accessibility for Ontarians with Disabilities Act (AODA) provides a mechanism for developing, implementing and enforcing accessibility standards to provide full accessibility for Ontarians with disabilities in goods, services, facilities, accommodation, employment, buildings, structures and premises by January 1, 2025. Under the AODA, housing providers will be required to comply with accessibility standards for people with disabilities. If accessibility standards under the AODA fall short of the requirements in the Human Rights Code, the requirements of the Human Rights Code will prevail.
Provisions concerning housing under the Ontario Human Rights Code state:
“Every person has a right to equal treatment with respect to the occupancy of accommodation, without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, marital status, family status, disability or the receipt of public assistance.”
What this means is that everyone in Ontario is entitled to equality, equal treatment, and freedom from discrimination in housing, whether through the tenancy application process or in the terms and conditions of a tenancy. The Code applies to public and private housing, as well as to housing cooperatives and condominiums.
If you are facing accessibility issues in your building or unit, under the Human Rights Code you have the right to request an accommodation from your landlord.
CCHR has a self-advocacy toolkit that walks tenants through the process of requesting accommodation from their landlord.
CCHR also provides assistance to tenants throughout this process, including advocating directly with landlords on their behalf.
If you have made a request and you believe that you have not been properly accommodated by your landlord, you can file an application with the Human Rights Tribunal of Ontario.
For more information about how to pursue an application at the Tribunal, reach out to the Human Rights Legal Support Centre:
For more information about the Human Rights Code, visit our FAQ on Human Rights.
The Ontario Human Rights Commission’s Policy and Guidelines on Disability and the Duty to Accommodate set out the definition of disability, as well as obligations related to the duty to accommodate and the process involved in making accommodations.
Disability is defined very broadly and includes:
If a tenant is in need of accommodation, they have the option of requesting an accommodation from their landlord. Under the Human Rights Code, landlords are obligated to accommodate a tenant’s disability by taking action to make their unit accessible.
CCHR has a self-advocacy toolkit that walks tenants through the process of requesting accommodation from their landlord.
CCHR also provides assistance to tenants throughout this process, including advocating directly with landlords on their behalf.
If you have made a request, and you believe that you have not been properly accommodated by your landlord, you can file an application with the Human Rights Tribunal of Ontario.
For more information about how to pursue an application at the Tribunal, reach out to the Human Rights Legal Support Centre:
No. Landlords are responsible for the costs of making a building or unit that they own accessible for tenants.
Under the Human Rights Code, your landlord is obligated to accommodate your accessibility needs up to the point of “undue hardship”. This means that your landlord is only discharged of their duty to accommodate your needs if they can demonstrate that making the accommodations you asked for would result in undue hardship. To do that, your landlord would need to prove that:
CCHR has a self-advocacy toolkit that walks tenants through the process of requesting accommodation from their landlord. CCHR also provides assistance to tenants throughout this process, including advocating directly with landlords on their behalf.
If you have questions or concerns about your landlord not accommodating your disability, you can contact CCHR for assistance. We can help you by advocating on your behalf to your landlord.
If you need legal information or help, contact the ARCH Disability Law Centre. ARCH is a legal clinic that offers free services to people with disabilities with low income or who receive social assistance.
The Canadian Centre for Housing Rights (CCHR) provides free, individualized services to renters in Ontario who are facing challenges in their housing.
Under the Residential Tenancies Act, landlords have the right to request proof of income from prospective tenants, and they have the right to refuse to rent to someone if they believe their income is not high enough to afford the rent. However, receipt of social assistance is a protected ground under the Ontario Human Rights Code, and to prevent discrimination based on receipt of social assistance, under the Code, landlords do not have the right to request that prospective tenants provide the source of their income. This means that in some cases, when landlords ask for a letter of employment, it could act as proof of discrimination if the landlord refused a tenant who did not provide proof they are employed. Some prospective tenants may be refused by landlords because their income is not much higher than the monthly rent amount, even if they work full-time. While this is a serious concern for many tenants as housing in Ontario becomes increasingly unaffordable, it is not a violation of the Human Rights Code.
If you think a landlord has refused to rent to you based on the source of your income (for example, if you receive public assistance like Ontario Works or ODSP) contact CCHR for support.
In Ontario, the Human Rights Code protects individuals from discrimination in housing based on sixteen protected grounds, which include race, ethnic origin, disability, age, gender identity, sexual orientation, and family status, among others. If a landlord has refused to rent to you due to one of these aspects of your identity, it is against the law.
If you think you are facing discrimination when trying to access housing, CCHR may be in a position to advocate on your behalf.
You may also wish to file an application with the Ontario Human Rights Tribunal.
The Human Rights Tribunal is one of eight Ontario Tribunals. When a complaint is filed with the Tribunal, they will determine whether or not the Code has been violated. Applicants that file with the Human Rights Tribunal may need to attend a mediation session or a hearing and provide evidence of their complaint. If the Tribunal determines that there has been a violation of the Human Rights Code, the Tribunal may order a remedy, for example financial compensation.
The Ontario Human Rights Code protects individuals from being discriminated against for their “record of offences,” when accessing employment but not when accessing housing. For example, an employer cannot discriminate against a potential employee for having a criminal record unless the offences listed on the record would have a real effect on their ability to do their job.
Landlords can choose not to rent to individuals who have a criminal record without violating the Ontario Human Rights Code. However, requiring potential tenants to submit a criminal record check as part of a rental application process could constitute “adverse effect discrimination.” Adverse effect discrimination happens when seemingly neutral policies, practices, or rules have discriminatory effects on particular groups. For example, if a landlord requests a criminal record check or police check from all applicants for a unit, this could have a discriminatory effect on some groups of applicants who have had interactions with police connected a protected ground, such as mental health disability. The landlord’s policy could be discriminatory.
Finding accessible housing in Ontario can be very difficult, and waitlists for accessible units are often very long. For many tenants, it is easier and quicker to request accommodations from their housing provider to make their current unit accessible rather than wait for an accessible unit to become available.
If you need assistance finding affordable housing in Toronto, contact the Housing Help Centre:
The Canadian Centre for Housing Rights (CCHR) provides free, individualized services to renters in Ontario who are facing challenges in their housing.
It can be stressful dealing with a pest problem in a unit or a building, especially if the landlord has not taken steps to fix the issue. Under the Residential Tenancies Act, landlords have a responsibility to deal with pest issues, however a tenant does not have the right to withhold rent when a landlord fails to properly address the issue. Tenants may have legitimate concerns about the condition of their building or unit, however if they choose to withhold rent, they could be at risk of eviction if they do not pay the full amount of their rent on time.
If you have a persistent pest issue in your unit or building and your landlord is not addressing the problem, you can:
If a tenant is unable to prepare their unit for a pest treatment due to a disability, they may be able to request assistance or extra time to prepare the unit as an accommodation under the Ontario Human Rights Code. Under the Code, landlords have a duty to accommodate their tenants to the point of ‘undue hardship’.
Landlords have a right to request medical information from tenants who make a disability-related request for accommodation. Before asking for an accommodation, tenants should be prepared to provide medical information from a health professional about their needs.
If you need to request an accommodation from your landlord:
It can be difficult for tenants to know where to start when they are dealing with a pest issue.
If you have a persistent pest issue in your unit or building and your landlord is not addressing the problem, you can:
As a tenant, you are responsible for the ordinary cleanliness of your rental unit. However, your landlord is still expected to work with you to address the issue in your unit. Landlords have a responsibility to maintain the building and your unit in a good state of repair and fit for habitation. Landlords and tenants therefore often need to work together to address a pest issue.
If your unit is attracting pests due to a lack of cleanliness, your landlord may take steps to evict you. A landlord’s application for eviction can be supported if you fail to comply with notices of entry, to prepare your unit for inspection or treatment, or to follow guidelines from a pest control company
The Canadian Centre for Housing Rights (CCHR) provides free, individualized services to renters in Ontario who are facing challenges in their housing.
It can be stressful dealing with maintenance issues in a unit or building, especially if the landlord has not taken steps to fix the issue. Under the Residential Tenancies Act, landlords are obligated to deal with maintenance issues, however a tenant does not have the right to withhold rent when a landlord fails to properly address a maintenance issue. Tenants may have legitimate concerns about the condition of their building or unit, however if they choose to withhold rent, they could be at risk of eviction if they do not pay the full amount of their rent on time.
If you have a maintenance concern in your unit or building and your landlord is not addressing the problem, you can:
It can be difficult for tenants to know where to start when they are dealing with a maintenance issue.
If you have a maintenance concern in your unit or building, you can:
Tenants who live in condominiums are considered “tenants” under the Residential Tenancies Act (RTA), and the owner of the condominium is the tenant’s landlord. Under the RTA, the landlord is responsible for providing and maintaining the unit in a good state of repair and fit for habitation, and for complying with health, safety, housing and maintenance standards.
The landlord may refer some repairs or maintenance concerns to the condominium corporation depending on the nature of the issue, but it is still the landlord’s responsibility to manage the repair request from the tenant. If the landlord thinks that the condominium corporation should be responsible for the repair, it is the landlord’s responsibility to bring that concern to the condominium board.
If you are a tenant in a condominium and have a maintenance concern, you can:
Often, the responsibility for repairs in housing co-operatives will be set out in either the co-operative’s Occupancy By-law or a Maintenance and Repair By-law. Typically, the co-operative’s Board is responsible to address maintenance issues within a member’s unit, but not always. Members of housing co-operatives should consult their by-laws to find out who is responsible for specific repairs, and to confirm if the members are responsible for any repairs themselves.
Members of housing co-operatives are not considered “tenants” under the Residential Tenancies Act. This means that housing co-op members cannot file applications with the Landlord and Tenant Board if they have maintenance or repair concerns. Any concerns must be brought to the co-operative board.
Tenants who have damaged something in their unit are usually responsible for the cost of the repairs, unless the damage is caused by regular wear and tear over time. If tenants cause damage to their unit or the common area and they do not cover the cost of repairs, they could receive a notice of eviction from their landlord. If the damage is very serious, tenants could face an eviction notice even if they pay for the repairs. Tenants are also responsible for any damage caused by their guests.
If you or a guest have damaged something in your unit or building, you can contact your landlord to discuss how much the repairs may cost.
If you have received a notice of eviction for causing damage to your unit or building, you can:
Tenants do not need to pay for repairs for maintenance issues that are caused by regular wear and tear or use over time. Unless a tenant or their guest caused the damage, they are not responsible for the cost of the repairs. Landlords are responsible for making the repairs and for covering the cost.
If you are concerned about your rights when requesting repairs, you can:
The Canadian Centre for Housing Rights (CCHR) provides free, individualized services to renters in Ontario who are facing challenges in their housing.
Human rights are rights that are inherent to all people simply because we are human beings.
Human rights do not refer to just one law or set of guidelines. There are different human rights laws around the world. In Canada, typically when we say that something is a “human right,” we’re referring to a protected right under either a provincial or a federal law. Those human rights are informed by the Universal Declaration of Human Rights, which was proclaimed by the United Nations in 1948. There are a total of 30 rights protected under the Declaration, including the right to be free from slavery, free from torture, and the right to freedom of expression.
The right to housing is another right protected under the Declaration. Under international human rights law, the ‘right to housing’ is recognized as the right of every person to a safe and secure home where they can live in security, peace and with dignity. A set of standards have also been recognized to ensure that a home is adequate for its inhabitants, including that it is affordable, secure, habitable, accessible, close to services, in an acceptable location, and culturally appropriate.
The first two articles of the Universal Declaration of Human Rights state that all individuals are entitled to access the other rights in the declaration equally, and free from discrimination.
Find out more about the Universal Declaration of Human Rights
In Canada, human rights are protected by different laws at the federal and the provincial level. Certain rights found in the Universal Declaration of Human Rights are protected by the Charter of Rights and Freedoms, like the right to freedom of expression or freedom of religion.
The first two articles of the Universal Declaration of Human Rights state that all individuals are entitled to access the other rights in the declaration equally, and free from discrimination. This right is protected by some sections of the Charter of Rights and Freedoms, but the Charter only protects groups or individuals from discrimination by governments. It does not apply to interactions between private individuals, business, or organizations.
Each province and territory has its own laws that protect individuals from discrimination when interacting with private organizations. In Ontario, the Human Rights Code protects individual from discrimination and unfair treatment.
In Ontario, the Human Rights Code protects individuals from discrimination in five social areas:
People in Ontario have the right to equal treatment and freedom from discrimination in each of these areas.
If someone is discriminated against or treated unfairly but the treatment is not related to one of those five areas, then it is not considered discrimination under the Human Rights Code. For example: two customers at a store get into an argument and one makes a derogatory remark to the other. This behaviour may be disrespectful and hurtful, but it is not considered to be discriminatory treatment under the Human Rights Code. The situation did not occur in one of the five social areas covered by the Code. Different laws govern interactions like this between two private individuals.
The Code also does not protect every type of unfair treatment. Instead, it identifies different grounds upon which individuals should not face discrimination. If a person is treated unfairly but the treatment is not connected with one or more of the protected grounds, then unfortunately it is not considered discrimination under the Human Rights Code.
Some grounds only apply to specific types of services. For example, a person cannot be discriminated against for receiving public assistance (like Ontario Works or ODSP) when they are applying for housing, but this ground of protection does not apply to the other four social areas.
The sixteen grounds that are protected when accessing housing are:
Unlike the police who patrol the streets to watch for criminal activity, there is no body or entity responsible to monitor or report discriminatory treatment under the Human Rights Code. However, if an individual has experienced discrimination or harassment under the Code, they can file an application with the Human Rights Tribunal.
The Human Rights Tribunal is one of eight Ontario Tribunals. When a complaint is filed with the Tribunal, they will determine whether or not the Code has been violated. Applicants that file with the Human Rights Tribunal may need to attend a mediation session or a hearing and provide evidence of their complaint. If the Tribunal determines that there has been a violation of the Human Rights Code, the Tribunal may order a remedy, for example financial compensation.
Find out more about the human rights system in Ontario
If you would like assistance filing a human rights complaint, contact the Human Rights Legal Support Centre:
The Canadian Centre for Housing Rights (CCHR) provides free, individualized services to renters in Ontario who are facing challenges in their housing.
It’s common for tenants to be concerned about their landlord entering their unit, especially during the pandemic. Under the Residential Tenancies Act, a landlord is permitted to carry out renovations on a unit.
To enter your unit, a landlord must provide you with:
The Ontario government has asked that landlords take additional safety measures when entering a unit by limiting their notices of entry, working collaboratively with tenants, and following public health guidelines. Landlords are still able to issue notices of entry and they will expect to be able to enter the unit.
If you have concerns about your landlord and contractors entering your unit for renovations, you can:
Generally, landlords are permitted to enter a tenant’s unit if they provide a minimum of 24 hours of notice in advance, and if they provide a valid reason.
The previous Emergency Orders and the different pandemic re-opening phases do not contain any rules or restrictions that prevent landlords from entering a tenant’s unit.
The Ontario government has asked that landlords and tenants act with patience and understanding and follow public health guidelines. The government has also encouraged landlords to limit their notices to enter, but there have been no changes to the law surrounding landlords entering a unit. Landlords are still able to issue notices of entry and they will expect to be able to enter a tenant’s unit.
More information is available on the Ontario government’s COVID-19 page:
If you have a disability-related concern with your landlord entering your unit, we recommend that you:
If your landlord refuses to take any health or safety precautions in line with public health guidelines, you may:
If you would like to refuse your landlord entry to your unit, we recommend that you:
It can be frustrating and inconvenient when your landlord decides to renovate your unit when you do not think changes need to be made.
Under the Residential Tenancies Act, a landlord is permitted to carry out renovations on a unit.
To enter your unit, a landlord must provide you with:
As a tenant, your landlord is not permitted to substantially interfere with your right to the “reasonable enjoyment” of your unit.
If your landlord performs extensive renovations, they may be interfering with your right, and they will be expected to:
If your landlord did not do all of the above, and the renovations have interfered with your reasonable enjoyment of the unit, you can:
Sometimes a landlord will claim they need to renovate a unit, and use it as a reason to evict existing tenants. This is called an eviction in “bad faith,” and is colloquially referred to as a “renoviction.”
Tenants facing a renoviction often receive an N13 notice from their landlords, which is the proper legal process created by the Landlord and Tenant Board to terminate a tenancy for the purpose of carrying out renovations. However, some landlords only provide tenants with notice verbally, by text or by email. This is not the legal process to terminate a tenancy.
If your landlord wants you to move out to renovate your unit, they cannot evict you without going through the proper legal process at the Landlord and Tenant Board.
If your landlord wants to terminate your tenancy to renovate your unit, they must:
If you are facing eviction due to renovations or repairs:
The Canadian Centre for Housing Rights (CCHR) provides free, individualized services to renters in Ontario who are facing challenges in their housing.
There are a few laws that govern different types of tenancies in Ontario:
The Residential Tenancies Act (RTA) is a comprehensive law that defines and sets rules around what landlords and tenants are, their rights and responsibilities, tenancy agreements, repairs and maintenance, eviction and tenancy termination, rent and utility costs, care homes, mobile home parks and land lease communities. It also outlines the administration and enforcement of the law, offences under the law, and regulations that may be applied by relevant authorities.
Finally, the RTA defines the role and functions of the Landlord and Tenant Board as the exclusive body responsible to determine how the RTA must be applied. If tenants have any concerns about their landlord or tenancy, they can file an application with the Landlord and Tenant Board.
The Housing Services Act (HSA) provides rules for people who live in subsidized housing. Tenants who live in most subsidized housing are protected under the RTA and the HSA, as well as any additional rules set by their service provider, which is typically their municipal government. Tenants can find more information about their local municipal housing guidelines by contacting 211 Ontario.
The Co-operative Corporations Act provides rules and regulations for people who live in co-operative housing. These individuals are not considered tenants under the RTA, but they still benefit from some of its protections.
The Long-Term Care Homes Act provides rules and regulations for people who live in long-term care homes. These individuals are not protected under the Residential Tenancies Act.
The Retirement Homes Act provides rules and regulations for people who live in retirement homes. These individuals are also protected under the RTA.
Please see our other FAQs below for information on these laws and tenancies in co-operative housing, supportive housing, and certain roommate arrangements that are not covered by the RTA and HSA.
The Residential Tenancies Act (RTA) defines a tenant as a person who pays rent in return for the right to occupy a rental unit.
The RTA also defines that a tenant is not “a person who has the right to occupy a rental unit by virtue of being a co-owner of the residential complex in which the rental unit is located, or a shareholder of a corporation that owns the residential complex.”
It can be unclear for some people to determine if the RTA definition of a ‘tenant’ applies to them, and as a result, if the RTA applies to their tenancy. Most people who pay rent to a landlord for a unit are considered a ‘tenant’ by the RTA because the definition of a tenant is very broad.
There are, however, exceptions to this definition. The most common exceptions are if you live in:
If you think that the definition of a ‘tenant’ does not apply to you under the RTA, you may not have the rights and protections afforded under the RTA. Specifically, this means:
Please read through our other FAQs for information about what laws protect your type of tenancy, and where you can get help for your housing concerns.
The Residential Tenancies Act (RTA) defines a landlord as “the owner of a rental unit or any other person who permits occupancy of a rental unit”. The RTA also defines that a landlord can be other people who act as a representative for the owner of the rental unit, for example a family member or an employee of the landlord.
The RTA defines that a landlord is not “a tenant who occupies a rental unit in a residential complex and who permits another person to also occupy the unit or any part of the unit.”
In other words, if you pay your rent directly to another tenant – for example, a roommate – that other tenant is not considered to be your landlord under the RTA. In this scenario, you are in a different type of relationship that is not covered by the RTA. You may be in a licensee-licensor relationship, instead of a landlord and tenant relationship. If you find yourself in conflict with the person you pay rent to in this type of situation, you may want to seek legal advice or information.
If you live with a roommate and need more information about your rights:
Members of housing co-operatives are not considered tenants under the Residential Tenancies Act (RTA), however they still benefit from some of its protections. In addition, they also have some protections under the Co-operative Corporations Act.
Members of housing co-operatives cannot be evicted unless they receive an eviction order from the Landlord and Tenant Board. The housing co-operative’s Board of Directors must first follow its internal eviction process, then apply for an eviction with the Landlord and Tenant Board, and follow a similar eviction procedure outlined in the RTA.
Members of housing co-operatives cannot file applications with the Landlord and Tenant Board to enforce their rights the same way that tenants who are protected under the RTA can.
To seek assistance with a housing concern, members of housing co-operatives can:
The Residential Tenancies Act (RTA) applies to tenants that live in certain types of supportive housing, but not all. To find out which laws protect your rights, you must first determine which type of supportive housing you live in.
There are three different types of supportive housing in Ontario:
Individuals that live in a long-term care home are protected under the Long-Term Care Home Act, but not under the Residential Tenancies Act.
If you or someone you know has legal concerns and lives in a long-term care home, the Advocacy Centre for the Elderly (ACE) may be able to help. Contact ACE for more information:
Care homes are a different type of housing than long-term care homes. Care homes are independently run and are not licensed by the provincial government. The government does not regulate the cost of accommodation in care homes, and does not pay for the care services received.
Individuals that live in a care home are protected under the Residential Tenancies Act. This means that they cannot be evicted without proper notice and can enforce their rights through the Landlord and Tenant Board.
Find more information:
Individuals that live in a retirement home are protected under the Residential Tenancies Act (RTA). They are also protected under the Retirement Homes Act, under which the Retirement Homes Regulatory Authority is responsible to enforce rules and investigate complaints.
If you or someone you know has legal concerns and lives in a retirement home, the Advocacy Centre for the Elderly (ACE) may be able to help. Contact ACE for more information:
Tenants that live in rent-geared-to-income (RGI) housing are considered tenants under the Residential Tenancies Act, and have all of the same rights and obligations as all other tenants.
Tenants that live in RGI housing have additional responsibilities to their landlords under the Housing Services Act. They are required to provide their landlord with information about changes in their life that may affect their RGI status.
If you have questions or concerns about your RGI housing status contact:
You can also contact CCHR for assistance if you are facing eviction.
The Canadian Centre for Housing Rights (CCHR) provides free, individualized services to renters in Ontario who are facing challenges in their housing.
The National Housing Strategy Act (NHSA) is Canada’s first piece of legislation that identifies housing as a fundamental human right as recognized under international law.
It recognizes that all people have the “right to live somewhere in security, peace and dignity” and provides the federal government with a mandate to develop and support rights-based housing policies to advance its commitment to progressively realize the right to housing over time.
The NHSA recognizes that housing is important for the inherent dignity of a person and that it helps to build communities that are inclusive.
Under the NHSA, the federal government is required to:
The NHSA does not require:
Although the NHSA does not provide an avenue for individuals to pursue a complaint related to a violation of their individual right to housing, if many people are facing a similar kind of issue which hinders the realization of their right to housing, this may be identified as a systemic issue.
Examples of systemic issues:
People who are affected by these and other types of issues related to the right to housing may make a submission to the Federal Housing Advocate to investigate and make recommendations to the responsible Minister to take action. In some cases, the Federal Housing Advocate may also refer the issues raised in a submission to a Review Panel for public hearings.
Three key mechanisms have been created under the NHSA to hold the federal government accountable to implement the right to housing:
Each of these mechanisms has a distinct role and set of responsibilities, and all three interact with one another. Together they provide an innovative and participatory model through which systemic housing issues and human rights claims can be presented by affected groups and reviewed outside of the judicial system.
Let’s take a closer look at their roles and responsibilities.
The Office of the Federal Housing Advocate is located within the Canadian Human Rights Commission. Its role is to promote and ensure compliance with the federal government’s policy to progressively realize the right to housing over time through various mechanisms and processes.
The Advocate is responsible to:
The National Housing Council is a body created to further the progressive realization of the right to housing and oversee the National Housing Strategy. The Council advises the Minister responsible for housing issues in Canada about the effectiveness of the National Housing Strategy, and promotes participation and inclusion in housing policy development.
The NHSA requires that the Council is made up of individuals as well as government representatives, and includes representation from vulnerable groups, people with lived experience of homelessness and inadequate housing, people reflecting the diversity of Canadian society, and people with human rights expertise. Through the make-up of this Council, people who are directly impacted by housing challenges across the country will be involved in vital decisions to assess and ensure the government’s compliance with the right to housing.
The Council is responsible to:
The role of the Review Panel is to hear selective cases of systemic issues that are identified by the Federal Housing Advocate. When the Federal Housing Advocate receives one or more submissions on a systemic issue, the Advocate may request the National Housing Council to form from its members a three-person Review Panel to hear such issues. The Review Panel will be selected to ensure representation from vulnerable groups, people with lived experiences, and human rights expertise.
The Review Panel is responsible to:
Making submissions to the Federal Housing Advocate on systemic issues that deny affected groups their right to housing is a critical new tool for claiming the right to housing. The Federal Housing Advocate will engage with affected groups and conduct a thorough investigation into the issue. The Advocate’s findings and recommendations will be based on what is required under international human rights law to ensure the right to housing, and they cannot be ignored by the government. If the Advocate refers the issue to a review panel, this will provide an additional opportunity for affected individuals and groups to be heard and to bring forth their claim to the right to housing.
These mechanisms ensure that affected groups can participate and contribute to the realization of their right to housing, which is a core component of a rights-based approach. The meaningful engagement of rights holders that is outlined in the NHSA can be an effective way to claim the right to housing as established under the tenets of international law.
Generally, landlords are permitted to enter a tenant’s unit with a minimum of 24 hours notice if they provide a valid reason. The current Emergency Order does not contain any rules or restrictions for landlords preventing them from entering a tenant’s unit. During the current lockdown, the provincial government has asked that landlords and tenants act with patience and understanding and follow public health guidelines. The Ontario provincial government has encouraged landlords to limit their notices to enter, but the current Emergency Order does not contain any legal changes to the law surrounding landlords entering a unit. Landlords are still able to issue notices of entry and they will expect to be able to enter the unit.
More information is available on the Ontario government’s COVID-19 page:
We recommend that you contact your landlord and ask about the health and safety precautions that will be taken when they enter your unit.
If your landlord refuses to take any health or safety precautions in line with public health guidelines, you may file a complaint with the Rental Housing Enforcement Unit.
How to file a complaint with the Rental Housing Enforcement Unit:
Your local community health centre may have more information and resources about how to approach the situation.
Many tenants have underlying health conditions or disabilities that make them particularly vulnerable to COVID-19. These tenants have often taken extra precautions to avoid contact with others and may be deeply frightened or concerned by a landlord’s request to enter their unit.
If you find yourself in this situation, you can ask that your landlord makes accommodation for you under the Ontario Human Rights Code.
Under the Code, your landlord is obligated to accommodate you, up to the point of “undue hardship”. If your concern about your landlord entering your unit is connected to a disability, you can request that your landlord accommodate your disability. This could include requesting that your landlord takes extra measures to maintain physical distance, uses specific personal protective equipment, or provides you with longer than the regular 24 hours prior notice before entering your unit, so that you have enough time to make arrangements to vacate the unit.
CCHR has a self-advocacy toolkit that walks tenants through the process of requesting accommodation from their landlord. If you have made a request, and you believe that you have not been properly accommodated by your landlord, you can file an application with the Human Rights Tribunal of Ontario.
For more information about how to pursue an application at the Tribunal, reach out to the Human Rights Legal Support Centre:
Many people have been confused about eviction processes during the pandemic as a result of the various shutdowns, stay-at-home orders and state of emergency orders in Ontario.
On June 2, 2021, the stay-at-home order was lifted and the enforcement of evictions in Ontario resumed.
The Landlord and Tenant Board is currently open and issuing eviction orders.
If you have received a notice of eviction hearing, you should attend the eviction hearing as scheduled to defend yourself against an eviction order.
Please contact CCHR if you need help navigating the eviction process, and our case workers can provide legal information supports and referrals.
If an eviction is ordered by the Landlord and Tenant Board at a hearing, it must then be enforced by the Court Enforcement (or Sheriff’s) Office.
Falling behind on rent can be frightening and confusing, and the pandemic has created unique financial challenges that have caused many tenants to struggle to pay their rent.
If you have fallen behind on your rent, you should try to pay back the amount you owe (called “arrears”) as soon as possible. If you can pay back everything you owe, you may be able to avoid an eviction notice.
Visit our COVID-19 resource page for information about income support, financial aid, food services, and mental health services that may be available to you.
If you have received an eviction notice or notice of a hearing for unpaid rent, you should first make an effort to pay off the arrears that you owe before attending your hearing at the Landlord and Tenant Board.
There are several resources to support tenants through the eviction process, and to help them remain housed:
There are also rent relief or other financial resources that may be able to help you. Many of them are specific to your region or municipality. For information about rent relief and other financial resources in your area:
If you are in need of mental health support or counselling related to the pandemic or your housing, we encourage you to contact a crisis hotline or counselling service in your local area.
Contact:
Older adults may be particularly vulnerable to the negative effects of the pandemic lockdowns. If you are a senior and have concerns about your mental health, contact your local Seniors Active Living Centre for programs and supports.
The Canadian Centre for Housing Rights (CCHR) provides free, individualized services to renters in Ontario who are facing challenges in their housing.
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