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How to Apply to the Human Rights Tribunal of Ontario
Before you start:
Read the questions and answers below to find out if the Human Rights Tribunal of Ontario (the Tribunal) has the ability to deal with your Application.
Download and read the Applicant’s Guide from the Tribunal's website www.hrto.ca. If you need a paper copy or accessible format, contact us:
Human Rights Tribunal of Ontario Phone: 416-326-1312 Toll-free: 1-866-598-0322
655 Bay Street, 14th floor Fax: 416-326-2199 Toll-free: 1-866-355-6099
Toronto, Ontario TTY: 416-326-2027 Toll-free: 1-866-607-1240
M7A 2A3 Email: firstname.lastname@example.org
The Tribunal has other guides and practice directions to help all parties to an application understand the process. Download copies from the Tribunal’s website at www.hrto.ca or contact us.
Complete each section of this Application form. As you fill out each section, refer to the instructions in the Applicant's Guide.
Getting help with your Application
For free legal assistance with the application process, contact the Human Rights Legal Support Centre. Website: www.hrlsc.on.ca. Mail: 180 Dundas Street West, 8th Floor, Toronto, Ontario M7A 0A1. Phone: 416-597-4900. Toll-free: 1-866-625-5179. Fax: 416-597-4901; Toll-free fax: 1-866-625-5180. TTY: 416-597-4903. Toll-free TTY: 1-866-612-8627.
Questions About Filing an Application with the Tribunal
The following questions and answers are provided for general information. They should not be taken as legal advice or a determination of how the Tribunal will decide any particular application. For legal advice and assistance, contact the Human Rights Legal Support Centre.
Who can file an Application with the Tribunal?
You can file an application if you believe you experienced discrimination or harassment in one of the five areas covered by the Ontario Human Rights Code (the Code). The Code lists a number of grounds for claiming discrimination and harassment. To find out if you have grounds for your complaint under the Code, read the Applicant's Guide.
What is the time limit for filing an Application?
You can file an application up to one year after you experienced discrimination or harassment. If there was a series of events, you can file up to one year after the last event. In some cases, the Tribunal may extend this time.
The discrimination happened outside Ontario. Can I still apply?
In most cases, no. To find out about exceptions, contact the Human Rights Legal Support Centre.
My complaint is against a federal government department, agency, or a federally regulated business or service. Should I apply to the Tribunal?
No. Contact the Canadian Human Rights Commission. Website: www.chrc-ccdp.ca. Mail: 344 Slater Street, 8th Floor, Ottawa, Ontario K1A 1E1. Phone: (613) 995-1151. Toll-free: 1-888-214-1090. TTY: 1-888-643-3304. Fax: (613) 996-9661.
Should I use this form if I am applying because a previous human rights settlement has been breached?
No. If you settled a previous human rights application and the respondent did not comply with the settlement agreement, use the special application called Application for Contravention of Settlement, Form 18. For a paper copy, contact the Tribunal.
Can I file this Application if I am dealing with or have dealt with these facts or issues in another proceeding?
The Code has special rules depending on what the other proceeding is and at what stage the other proceeding is at. Read the Applicant's Guide and get legal advice, if:
You are currently involved in, or were previously involved in a civil court action based on the same facts and asked for a human rights remedy; or
You have ever filed a complaint with the Ontario Human Rights Commission based on the same subject matter; or
You are currently involved in, or were previously involved in another proceeding (for example, union grievance) based on the same facts.
How do I file an application on behalf of another person?
To file an application on behalf of another person, you must complete and file this Application (Form 1) as well one other form:
Form 4A if you are filing on behalf of a minor;
Form 4B if you are filing on behalf of a mentally incompetent person; or
Form 27 for all other situations where you are filing on behalf of someone else.
When completing this Application, you must check the box in Question 1 that indicates you are filing an Application on Behalf of Another Person (. You must provide your name and contact information in Question 1.
The completed Form 4A, Form 4B or Form 27 can be attached to your Application or sent to the Tribunal separately by mail, fax or email. If sent separately, it must be sent within five (5) days following the filing of your Application.
For more information on applications on behalf of another person, please see the following Practice Directions:
Practice Direction on filing application on behalf of another person under section 34(5) of the Code
Practice Direction on Litigation Guardians before Social Justice Tribunals Ontario
Note: If you are a lawyer or other legal representative providing representation to the applicant, do not use the Form 4A, Form 4B or Form 27. Your details should be provided in section 3, “Representative Contact Information,” of this Application (Form 1).
To find out more about human rights in Ontario, visit www.ohrc.on.ca or phone 1-800-387-9080.
Instructions: Complete all parts of this form, using the Applicant’s Guide for help. If your form is not complete, the Tribunal may return it to you. This will slow down the application process. If you are filling this out on paper, please print and ensure that the information you include is legible. At the end of this form, you will be required to read and agree to a declaration that the information in your Application is complete and accurate (if you are a lawyer or legal representative assisting an applicant with this Form 1, please see the Practice Direction On Electronic Filing of Applications and Responses By Licensed Representatives).