Protected Grounds

Human rights in housing

Personal characteristics, such as race, disability or receipt of public assistance, that a landlord cannot use to refuse or treat a renter unfairly.

Protected grounds are personal characteristics that human-rights law says cannot be the basis for refusing housing or treating someone unfairly. Each province and territory has its own human-rights code, so the list differs depending on where the rental is.

In Ontario, the Human Rights Code lists 16 grounds in housing. They are race, colour, ethnic origin, ancestry, place of origin, citizenship and creed. They also include sex (including pregnancy), sexual orientation, gender identity and gender expression. The rest are age, marital status, family status, disability and receipt of public assistance. Age protection includes 16- and 17-year-olds who no longer live with their parents. People are also protected for being a friend or relative of someone with a protected characteristic.

In British Columbia, section 10 of the Human Rights Code covers tenancy. Its grounds include Indigenous identity, race, colour, ancestry, place of origin, religion, marital status and family status. They also include physical or mental disability, sex, sexual orientation, gender identity or expression, age and lawful source of income.

There are limited exceptions. In Ontario, the Code does not apply where a tenant shares a bathroom or kitchen with the owner or the owner's family. Special programs, such as housing for seniors or people with disabilities, are also allowed. British Columbia exempts space where the tenant would share sleeping, bathroom or cooking facilities with the person offering the space. It also has exceptions for buildings reserved for people 55 and older and for units designed for people with disabilities.

Outside those exceptions, a landlord may screen on rental history, references, credit and income. A landlord cannot refuse, harass or set different terms because of a protected ground. Neutral rules can also discriminate if they unfairly screen out a protected group, which is why Ontario bars rent-to-income cut-offs outside subsidized housing.

General information only, not legal, tax, or financial advice. Rules change and vary by province; confirm the current details with the relevant authority before you rely on them.