How the Human Rights Tribunal of Ontario (HRTO) and the Canadian Human Rights Tribunal (CHRT) work: discrimination grounds, how to file, and the remedies available.
Human Rights Tribunals in Canada — HRTO & the CHRT
Where discrimination complaints are actually heard in Canada, the grounds you can plead, and what happens if you win.
Executive Summary
Canada has two main human-rights tribunal tracks that matter to most people:
| HRTO (provincial — Ontario) | CHRT (federal) | |
|---|---|---|
| Covers | Ontario Human Rights Code | Canadian Human Rights Act |
| Applies to | Most Ontario employers, housing, services, unions | Federal government, banks, telecom, transport, First Nations |
| File with | HRTO directly (Form 1) | Canadian Human Rights Commission (CHRC) first |
| Mediation | Yes, early | Yes, through the Commission/CHRT |
| Decisions | CanLII / Tribunals Ontario | decisions.chrt-tcdp.gc.ca |
This guide covers both. If your issue is in a federally regulated area, start with the CHRT guide section; otherwise the HRTO is almost always your forum in Ontario.
Table of Contents
- Discrimination grounds
- The HRTO (Ontario)
- How to file at the HRTO
- The Canadian Human Rights Tribunal (CHRT)
- Remedies
- Common mistakes
- Templates & related guides
Discrimination grounds
Ontario — Human Rights Code (provincial)
The Code prohibits discrimination and harassment based on:
race, colour, ancestry, place of origin, ethnic origin, citizenship, creed (religion), sex (including pregnancy, breastfeeding, gender identity and gender expression), sexual orientation, age, marital status, family status, disability, receipt of public assistance (in housing), and record of offences (in employment).
Source: Ontario Human Rights Code (SO 1990, c. H.19) · Ontario Human Rights Commission
“Disability” is defined broadly — physical, mental, developmental, learning, mental disorder, injury, illness, and previous/perceived disability all count. The Code imposes a duty to accommodate to the point of undue hardship.
Federal — Canadian Human Rights Act
The Act prohibits discrimination on:
colour, race, national or ethnic origin, religion, age, sex (including pregnancy, childbirth, sexual orientation, gender identity and gender expression), marital status, family status, disability, genetic characteristics, and conviction for an offence for which a pardon has been granted or a record suspension has been ordered.
Source: Canadian Human Rights Act (R.S.C., 1985, c. H-6), s. 3 · CHRC — about discrimination
Note the extras at the federal level: genetic characteristics and conviction record (with pardon/suspension) are protected federally but handled differently provincially.
The HRTO (Ontario)
Source: Human Rights Tribunal of Ontario
The HRTO resolves claims of discrimination and harassment under the Human Rights Code. It is free to file. Most applicants are self-represented.
Process
- Before you file: The Human Rights Legal Support Centre (HRLSC) offers free legal advice and help. Use its “Have you experienced discrimination?” tool.
- Application (Form 1 / 1G): File with the HRTO. There is no fee.
- Response (Form 2): The respondent replies.
- Mediation: Offered early — most matters settle here.
- Hearing: If not settled, a vice-chair hears the case and issues a decision.
- After: Reconsideration or judicial review (Divisional Court) are limited routes.
Deadline: HRTO applications must generally be filed within one year of the last alleged incident. Don’t wait — the time limit is strict.
How to file at the HRTO
- Gather the facts: who, what, when, where, and which ground(s) (e.g., disability).
- Write a clear narrative of what happened and why it is discrimination under the Code.
- Collect evidence: emails, messages, medical notes, witness names, policies.
- Complete Form 1 (individual) or Form 1G (group) on the Tribunals Ontario site.
- File online or by mail. The respondent is notified and files a response.
- Consider mediation; prepare for hearing if needed.
Use our human-rights complaint template to structure your application.
The Canadian Human Rights Tribunal (CHRT)
Source: Canadian Human Rights Tribunal · CHRT process guide
The CHRT hears disputes under the Canadian Human Rights Act in federally regulated areas. The path is slightly different from the HRTO:
- File a complaint with the Canadian Human Rights Commission (CHRC) — not the Tribunal. (CHRC)
- The CHRC investigates and attempts conciliation.
- If unresolved, the Commission may refer the matter to the CHRT for a hearing.
- The CHRT adjudicates and issues decisions and remedies.
The CHRT’s own published 2026 statistics show roughly 280 active files and 117 decisions/rulings issued — and notes most complainants prepare their cases without a lawyer, with plain-language guides and checklists provided.
Federal vs. provincial — pick the right one. Work for a bank, airline, teleco, the federal public service, or a First Nation? → CHRC/CHRT. Almost any other Ontario employer, landlord or service? → HRTO.
Remedies
Both tribunals can order remedies aimed at making you whole and stopping the conduct:
- Monetary: compensation for lost wages, and for injury to dignity, feelings and self-respect (the most common human-rights damages award).
- Orders to stop the discriminatory practice.
- Accommodation orders: require the respondent to provide reasonable accommodation.
- Policy changes / training for the organization.
- Apologies (less common, discretionary).
Human-rights tribunals generally do not award punitive damages the way courts can, and they focus on compensation and systemic fixes rather than punishment.
Common mistakes
- Missing the deadline (HRTO: one year from the incident).
- Pleading the wrong forum (federal vs. provincial) and having to restart.
- Vague allegations — name the ground(s), the incidents, and the nexus to a protected characteristic.
- No evidence of the discriminatory treatment or the accommodation request you made.
- Not asking for accommodation in writing before claiming the employer failed to accommodate.
- Giving up at mediation without understanding your best alternative.
Templates & related guides
- Human-rights complaint template (HRTO/CHRT) — structure your application
- UNCRPD & Canada’s human-rights obligations — the treaty standard behind the duty to accommodate
- Federal Disability Benefits & the CHRT — CPP-D, DTC, CDB, RDSP
- Knowledge Base: Human rights & disability law in Canada
- HRTO complete guide
Legal disclaimer
This guide provides legal information, not legal advice. Deadlines and procedures change (HRTO updated its forms and Rules of Procedure in 2026). For your case, contact the Human Rights Legal Support Centre (Ontario), the Canadian Human Rights Commission, or a lawyer.
Sources verified: Tribunals Ontario (HRTO), chrt-tcdp.gc.ca (CHRT), ontario.ca (Human Rights Code), Justice Canada (Canadian Human Rights Act), OHRC. Figures (HRTO one-year deadline; CHRT 2026 statistics) current as of October 7, 2026.