Jurisdictional Reviews Informational Sheet & FAQ

(Disponible en français)

What is a Jurisdictional Review?

The Human Rights Tribunal of Ontario (HRTO) can only consider Applications that fall within its legal authority—this is referred to as its jurisdiction. A jurisdictional review is the process used to determine whether the HRTO has the authority to hear a particular Application.

When Might the HRTO Lack Jurisdiction?

There can be many reasons why the HRTO may not have jurisdiction over an Application. Without limiting the generality of the foregoing, some examples may include:

• The alleged events happened more than one (1) year before the Application was filed without a good faith explanation for the delay [Human Rights Code s. 34(1), (2)];
• The respondents are federally regulated (e.g. banks, airlines, federal government agencies);
• The applicant has commenced a civil claim in court against at least one of the respondents, and that claim involves the same or similar facts as those in the Application [Human Rights Code s. 34(11)];
• The alleged events did not occur within one of the Code’s social areas (services, goods and facilities; employment; accommodation/housing; contracts; membership in a vocational association); or
• Based on the applicant’s description of events, the respondent’s actions could not be prohibited by the Human Rights Code

How is Jurisdiction Assessed?

The HRTO will only dismiss an Application for lack of jurisdiction at a preliminary stage, based on the written record alone, if it is “plain and obvious” on the face of the Application that it is outside of the HRTO’s jurisdiction.

Every complete Application submitted to the HRTO undergoes an initial jurisdictional review by an adjudicator. The process varies depending on the nature of the jurisdictional issues:

• If the Application appears to be within jurisdiction upon initial review, the file will continue in the HRTO’s processes, with the next step typically being mediation. In some cases, an Application may be directed to a summary or preliminary hearing before or instead of mediation.
• If the Application appears to be out of jurisdiction, the HRTO may provide notice to the applicant of the jurisdictional issue(s) and require written submissions from the applicant. In some cases, the HRTO will require submissions from other parties.
• If, after reviewing submissions on the jurisdictional issue(s):
  • the adjudicator determines that it is plain and obvious that the Application is outside of the HRTO’s jurisdiction, a written decision dismissing part or all of the Application will be issued to the parties.
  • the adjudicator determines that it is not plain and obvious that the Application is outside of the HRTO’s jurisdiction, the Application will continue in the HRTO’s processes and the parties will be advised.
• The HRTO has the discretion to decide to address whether it has jurisdiction at a summary hearing (under Rule 19A of the HRTO’s Rules of procedure) or at a preliminary hearing.

When Will I Know if the HRTO has Jurisdiction?

The HRTO attempts to address jurisdictional issues early in an Application’s processing. Most Applications that are outside of the HRTO’s jurisdiction will be dismissed before they advance to a mediation or to a hearing.

However, jurisdictional issues may be raised and addressed at any stage of an Application, including at a final hearing on the merits of the Application. Accordingly, even if a file has proceeded to a mediation or to a hearing, this does not necessarily mean that the HRTO has jurisdiction.

How Can I Learn More About Jurisdiction?

The HRTO has a Practice Direction on Jurisdiction with more information. Parties may wish to review the provisions of the Human Rights Code as well as the HRTO’s Rules, Practice Directions, Policies, and Guides to its processes, all of which are available on the HRTO’s website at https://tribunalsontario.ca/hrto/. These materials are all available in a variety of accessible formats. To request a copy of these documents, please contact HRTO by email at HRTO.Registrar@ontario.ca, by phone at 416-326-1312 or toll free 1-866-598-0322, or by TTY at 1-800-855-0511 or TTY toll free 1-800-855-0511.

HRTO decisions can be accessed free of charge through the Canadian Legal Information Institute (CanLII) at https://www.canlii.org.

HRTO staff cannot provide legal advice or assist any party in completing forms or making submissions to the HRTO. If an Applicant wishes to receive legal assistance or advice, you may contact the Human Rights Legal Support Centre at 180 Dundas Street West, 8th Floor, Toronto, ON M7A 0A1 or by phone toll free at 1-866-625-5179, in Toronto 416-597-4900 or TTY toll free at 1-866-612-8627 or TTY in Toronto 416-597-4903, Fax: 416-597-4901, toll free 1-866-625-5180. Website: www.hrlsc.on.ca.