Who May File a Complaint and When

Under the Ontario Human Rights Code, only the person who believes that they have been subject to some form of discriminatory conduct can file a complaint with the Ontario Human Rights Commission. Where the facts upon which the complaint is based occurred more than six months before the complaint was filed, the Commission may decide not to deal with the complaint unless it is satisfied that the delay was incurred in good faith and that no substantial prejudice will result to any person affected by the delay.

Any individual or group of individuals who believe that a person has engaged in a discriminatory practice may file a complaint under the Canadian Human Rights Act. The Canadian Human Rights Commission has the discretion to decide not to deal with a complaint that is based on facts which occurred more than one year prior to the filing of the complaint.

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