How Do I File a Human Rights Complaint in Ontario?

Filing a human rights complaint with the HRTO: the steps

A human rights complaint in Ontario goes to the Human Rights Tribunal of Ontario (HRTO), a tribunal separate from the courts. The process begins when a person files a completed application form with the HRTO, known as Form 1. There is no complaint filed with a separate “commission” first, as in some other systems: the application goes directly to the Tribunal.

Step 1: Check whether your situation fits before you file

Before filing, applicants are encouraged to complete the Human Rights Legal Support Centre’s screening questionnaire to work out whether what they experienced falls under the Human Rights Code and can proceed at the HRTO. This matters because the HRTO only has authority over discrimination and harassment connected to specific “social areas” the Code covers (such as employment, housing, and services), not every workplace or interpersonal grievance.

Step 2: Confirm you’re within the one-year deadline

An application must generally be filed within one year after the incident, or within one year after the last incident in a series of incidents, under section 34(1) of the Human Rights Code. If the deadline has passed, the Tribunal may still accept the application if it’s satisfied the delay was incurred in good faith and no substantial prejudice will result to anyone affected by the delay, under section 34(2). This is a discretionary exception, not a guarantee, so it’s worth filing as soon as reasonably possible rather than relying on it.

Step 3: Complete Form 1

Form 1 asks for the protected ground involved (such as race, sex, disability, or family status), the dates of the incidents, and the facts supporting the claim. Two or more people who are each entitled to apply about the same matter may file their applications jointly, subject to the Tribunal’s rules on whether to hear them together, under section 34(4).

Step 4: File the application

Applications can be submitted electronically by emailing the HRTO’s e-file address with the application and all attachments. Filing by mail or courier is also possible, sent to the HRTO’s Toronto office, but the same source notes that mailed or couriered filings may cause processing delays compared to e-filing.

Step 5: The respondent responds

Once filed, the person or organization named (the respondent) has 35 days to file a Response, Form 2, addressing the allegations.

Step 6: Mediation

At any point after filing, the HRTO will schedule the matter for mediation, and where the Tribunal directs a party to attend, that attendance is mandatory. Mediation gives both sides a chance to resolve the matter without a hearing.

Step 7: Hearing (if the matter isn’t resolved)

If mediation doesn’t resolve the application, it proceeds toward a hearing before the Tribunal. The HRTO provides interpreters, including sign language interpreters, free of charge for mediations and hearings conducted in a language other than English or French.

Getting help with the process

The Human Rights Legal Support Centre (HRLSC) is independent of the HRTO and offers free services throughout Ontario, including for Indigenous applicants and persons with disabilities. This means an applicant does not need to retain private counsel to get help completing Form 1, preparing for mediation, or navigating a hearing.

A worked example

A worker in Toronto experiences comments about their disability from a manager. The last comment occurs on March 1, 2025. Under section 34(1), they generally have until March 1, 2026, to file Form 1 with the HRTO. They use the HRLSC questionnaire in April 2025 to confirm the ground (disability) and social area (employment) are covered, then e-file Form 1 in May 2025. The employer, as respondent, has 35 days from being served to file Form 2. The HRTO then schedules mediation; because the Tribunal directs both parties to attend, attendance is mandatory for each side.

Common mistakes

• Waiting for an internal HR resolution before filing. The one-year clock under section 34(1) keeps running while an employee waits for an employer’s internal process to conclude; a slow or unsatisfactory internal response can consume the filing window.
• Assuming a missed deadline ends the case automatically. Section 34(2) allows a late application where the delay was in good faith and no one is substantially prejudiced, but this is assessed by the Tribunal case by case, not assumed.
• Filing a vague Form 1. An application that doesn’t clearly identify the protected ground and specific dates and facts is harder for the Tribunal and respondent to assess.
• Mailing the application and expecting the same speed as e-filing. Mail or courier filings can take longer to process than emailing the HRTO’s e-file address.
• Treating mediation attendance as optional. Where the Tribunal has directed a party to attend mediation, attendance is mandatory, not a suggestion.