Ontario Human Rights Act and Condominium Corporations

December 2015

T he Ontario Human Rights Act applies when there is unequal treatment of individuals in a protected class. For condominium corporations this can include individuals who are disabled and children.

This Act impacts on the by-laws and rules that may be enacted in a condominium corporation.

Some examples of potential conflict:

  • Children cannot be prohibited from residing in a condo. Many condominium corporations have a residency limitation based on number of bedrooms in a suite, perhaps two residents per bedroom. In the case where two adults residing in a one bedroom suite subsequently have a child, condo rules or by-laws may conflict with the Ontario Human Rights Act.
  • Most condo corporations have rules about noise or creating a disturbance. A baby suffering from colic may be viewed as causing such a disturbance to some condo residents. Enforcing a noise rule may be perceived as a human rights issue.
  • Pet restrictions may conflict with individual needs for Service/Therapy Pets
  • Accommodation for disabled residents is expected so long as it does not cause “undue hardship”.

When the Human Rights Act is in conflict with the Condo Act, the Human Rights Act takes precedence.