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Contracts

A contract is a legal agreement. It can be a written or verbal agreement. The right to enter into a contract on equal terms covers all steps in the contract, including the offer, acceptance, price or even rejecting a contract. The Code prohibits discrimination in all types of contracts, including contracts to buy a house or condominium or other housing agreements, and contracts for buying a business for a job or service.

For example, an automobile manufacturer cannot refuse to enter into a contract with the owner of a car dealership because the owner is gay.

Actions consistent with a human rights-based approach to managing the COVID-19 pandemic

This document sets out various actions that governments can take that are broadly consistent with a human rights-based approach to managing the COVID-19 pandemic. These actions are neither comprehensive nor exhaustive. Instead, they are a compilation of possible responses that are consistent with Canada and Ontario’s human rights obligations.

A policy primer: Guide to developing human rights policies and procedures

December 2013 - The purpose of this guide is to provide organizations with some practical help for developing effective and fair ways to prevent human rights infringements, and for responding to human rights issues such as harassment, discrimination and accommodation needs. Employers, landlords and service providers all have an obligation to make sure that human rights are respected, and can all benefit from the information provided in this publication.

Employment and contracting provisions in Impact and Benefit Agreements are special programs under Ontario’s Human Rights Code

February 2014 - Impact and Benefit Agreements (IBAs) are becoming an industry standard for resource development projects that are located on or impact Aboriginal Peoples’ traditional lands and rights. The agreements often contain employment and contracting provisions that give priority for training, hiring and contracting to Aboriginal Peoples.When Aboriginal governments choose to enter into IBAs, the Ontario Human Rights Commission (OHRC) supports developing and implementing preferential employment and contracting provisions in IBAs, to address historical disadvantage and promote substantive equality for Aboriginal Peoples in Ontario.

Your guide to special programs and the Human Rights Code

December 2013 - Under the Code, all organizations are prohibited from treating people unfairly because of Code grounds, must remove barriers that cause discrimination, and must stop it when it occurs. Organizations can also choose to develop “special programs” to help disadvantaged groups improve their situation. The Code and the Canadian Charter of Rights and Freedoms both recognize the importance of addressing historical disadvantage by protecting special programs to help marginalized groups. The Supreme Court of Canada has also recognized the need to protect “programs” established by legislation that are designed to address the conditions of a disadvantaged group.

Discrimination in employment under government contracts

From: Guide to your rights and responsibilities under the Human Rights Code

The right to freedom from discrimination in employment applies to government contracts or subcontracts. This right applies to government agency contracts also.

The right to be free from discrimination in employment applies to carrying out government grants, contributions, loans or guarantees. This right also applies to government agencies.

Restrictions for insurance contracts

From: Guide to your rights and responsibilities under the Human Rights Code

There is an exception to the rule that services and contracts must be offered without discrimination. This section allows insurance providers to make distinctions based on age, sex, marital and family status or disability when they offer individual accident, sickness or disability insurance or group insurance (not part of an employment situation). However, these distinctions must be made on reasonable and genuine grounds.

Contracts

From: Guide to your rights and responsibilities under the Human Rights Code

Every person having legal capacity has a right to contract on equal terms without discrimination because of any Code ground.

A contract is a legal agreement. It can be a written or verbal agreement.

The right to enter into a contract on equal terms covers all steps in the contract, including the offer, acceptance, price or even rejection of a contract. The Code covers all types of contracts, including contracts to buy a house, condominium or other type of residential accommodation, and contracts for buying a business, such as office or retail space.

5. Undue hardship

From: Policy and guidelines on disability and the duty to accommodate

The Code sets out only three considerations. This means that no other considerations, other than those that can be brought into those three standards, can be properly considered under Ontario law. There have been cases that have included such other factors as employee morale or conflict with a collective agreement. However, the Ontario legislature has seen fit to enact a higher standard by specifically limiting undue hardship to three particular components.

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