Section 18 of the Code offers a defence for some housing providers: of a residential dwelling, or, in the case of social or co-op housing, it might be a service manager, Board member, etc.
In the context of private rental housing, the person in a position to confer or deny a benefit would most likely be a landlord, superintendent, building manager, etc.
(b) a reprisal or a threat of reprisal for the rejection of a sexual solicitation or advance where the reprisal is made or threatened by a person in a position to confer, grant or deny a benefit or advancement to the person. (a) a sexual solicitation or advance made by a person in a position to confer, grant or deny a benefit or advancement to the person where the person making the solicitation or advance knows or ought reasonably to know that it is unwelcome or
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(3) Every person has a right to be free from, Sexual solicitation by a person in a position of relative power with a tenant is prohibited by subsection 7(3): Subsection 7(1) specifically addresses sexual harassment by a landlord, agent of the landlord or co-tenant:Įvery person who occupies accommodation has a right to freedom from harassment because of sex by the landlord or agent of the landlord or by an occupant of the same building. Subsection 4(2) states that such contracts are enforceable as if the person were 18 years old. Subsection 4(1) provides protection to 16- or 17-year-olds in specific circumstances:Įvery sixteen or seventeen year old person who has withdrawn from parental control has a right to equal treatment with respect to occupancy of and contracting for accommodation without discrimination because the person is less than eighteen years old. While “sexual orientation” is not specifically listed as a ground in subsection 2(2) of the Code, it is the OHRC’s policy position that sexual orientation is included in the protection against harassment.
Subsection 2(2) prohibits harassment in accommodation:Įvery person who occupies accommodation has a right to freedom from harassment by the landlord or agent of the landlord or by an occupant of the same building because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, age, marital status, family status, disability or the receipt of public assistance. Subsection 2(1) of the Code states:Įvery 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. The Code aims to ensure that everyone has the equal opportunity to access housing and its attendant benefits without discrimination on any of the grounds identified by the Code. As well, several Ontario Rental Housing Tribunal decisions have recognized the Code’s supremacy and special status in their rulings. The Residential Tenancies Act (the RTA) contains a provision that states that the Act will override any other Act that may conflict with it, except for the Code. This primacy is recognized specifically in the context of rental housing. This means that if another piece of legislation contains a provision that conflicts with or contravenes the Code, the Code will prevail. The Code has primacy over all other legislation in Ontario, unless the other legislation specifically states that it applies despite the Code. Every person in Ontario has a right to equal treatment with respect to housing without discrimination. As stated in its Preamble, the purpose of the Code is to create a climate of understanding and mutual respect for the dignity and worth of each person, so that each person feels a part of the community and feels able to contribute to the community. The Code states that it is public policy in Ontario to recognize the inherent dignity and worth of every person and to provide for equal rights and opportunities without discrimination.