Human Rights Code Amendment Act (Social Condition)
Poverty as a ground of discrimination in Ontario: unprotected
The Human Rights Code of Ontario forbids discrimination by race, creed, sex, age and disability, and permits it by poverty, homelessness and source of income. Quebec, New Brunswick, Manitoba and the Northwest Territories forbid it. The Assembly carried the same protection at second reading in 2017 and let it die. The bill writes it into the Code.
Grounds
A landlord, an employer or a service may refuse a person for being poor. The Code does not reach it.
Human Rights Code, R.S.O. 1990, c. H.19, ss. 1, 2, 3, 5 and 6: the prohibited grounds end with “age, marital status, family status or disability”; s. 2 (1) adds only “the receipt of public assistance” for accommodation.
Four Canadian jurisdictions already forbid discrimination by social condition.
Quebec, New Brunswick, Manitoba and the Northwest Territories prohibit discrimination on the ground of social condition or social disadvantage.
Ontario carried the protection at second reading and let it die twice.
Bill 164, Human Rights Code Amendment Act, 2017: second reading carried 26 October 2017; never sent back from committee. Bill 35, the same text, first reading 26 September 2018; died on prorogation, 12 September 2021.
The United Nations asked Canada to add social condition to provincial human rights laws.
Committee on Economic, Social and Cultural Rights, concluding observations on the sixth periodic report of Canada, E/C.12/CAN/CO/6, 4 March 2016, paras. 17 and 18.
Social condition becomes a prohibited ground in every part of the Code.
Definition, new in s. 10 (1): social or economic disadvantage resulting from employment status, source or level of income, housing status including homelessness, level of education, or any similar circumstance. Added to ss. 1, 2, 3, 5 and 6 and to clause 24 (1)(a). In force on royal assent.
Text of the bill
An Act to amend the Human Rights Code with respect to social condition
Preamble
Whereas the Legislative Assembly carried second reading of Bill 164, Human Rights Code Amendment Act, 2017, on October 26, 2017, and that Bill did not proceed;
And whereas the United Nations Committee on Economic, Social and Cultural Rights, in its concluding observations on the sixth periodic report of Canada dated March 4, 2016, recommended that social condition be included among the prohibited grounds of discrimination in provincial human rights legislation;
And whereas Quebec, New Brunswick, Manitoba and the Northwest Territories prohibit discrimination on the ground of social condition or social disadvantage;
Therefore, His Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. Section 1 of the Human Rights Code is amended by striking out "age, marital status, family status or disability" at the end and substituting "age, social condition, marital status, family status or disability".
2. (1) Subsection 2 (1) of the Act is amended by striking out "age, marital status, family status, disability or the receipt of public assistance" at the end and substituting "age, social condition, marital status, family status, disability or the receipt of public assistance".
(2) Subsection 2 (2) of the Act is amended by striking out "age, marital status, family status, disability or the receipt of public assistance" at the end and substituting "age, social condition, marital status, family status, disability or the receipt of public assistance".
3. Section 3 of the Act is amended by striking out "age, marital status, family status or disability" at the end and substituting "age, social condition, marital status, family status or disability".
4. (1) Subsection 5 (1) of the Act is amended by striking out "age, record of offences, marital status, family status or disability" at the end and substituting "age, record of offences, social condition, marital status, family status or disability".
(2) Subsection 5 (2) of the Act is amended by striking out "age, record of offences, marital status, family status or disability" at the end and substituting "age, record of offences, social condition, marital status, family status or disability".
5. Section 6 of the Act is amended by striking out "age, marital status, family status or disability" at the end and substituting "age, social condition, marital status, family status or disability".
6. Subsection 10 (1) of the Act is amended by adding the following definition:
"social condition" means social or economic disadvantage resulting from,
(a) employment status,
(b) source or level of income,
(c) housing status, including homelessness,
(d) level of education, or
(e) any other circumstance similar to those mentioned in clauses (a), (b), (c) and (d); ("condition sociale")
7. Clause 24 (1) (a) of the Act is amended by striking out "creed, sex, age, marital status or disability" and substituting "creed, sex, age, social condition, marital status or disability".
Commencement
8. This Act comes into force on the day it receives Royal Assent.
Short title
9. The short title of this Act is the Human Rights Code Amendment Act (Social Condition), 2026.