Can a landlord refuse to rent to me because of my race or disability?

What the Law Says

Canadian human rights law prohibits discrimination in housing based on several protected grounds, including race and disability. This applies to all stages of the rental process — from advertising and application to tenancy and eviction.

The Canadian Human Rights Act (CHRA) applies to federally regulated landlords (e.g., Indigenous reserves, federal government housing, or Crown corporations). Section 2 of the CHRA defines 'discrimination' broadly, and section 5(b) specifically prohibits denying 'any person access to accommodation' on prohibited grounds.

More commonly, provincial and territorial human rights codes govern most rental housing. Every province and territory has its own human rights legislation that explicitly includes 'race', 'colour', 'ethnic origin', and 'disability' as protected grounds in the area of 'accommodation' (i.e., housing). For example, Ontario’s Human Rights Code, s. 2(1), states: 'Every person has a right to equal treatment with respect to occupancy of accommodation without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, marital status, family status, disability or the receipt of public assistance.'

These laws apply to all landlords — private individuals, property managers, co-ops, and non-profits — with virtually no exemptions for small-scale or owner-occupied dwellings when it comes to race or disability.

Statutory Text

It is a discriminatory practice in the area of employment or occupation… to deny to any person or class of persons the opportunity to obtain employment or to refuse to employ any person or class of persons…

— Canadian Human Rights Act, R.S.C. 1985, c. H-6, s. 5(b) — Denial of accommodation

Statutory Text

Every person has a right to equal treatment with respect to occupancy of accommodation without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, marital status, family status, disability or the receipt of public assistance.

— Ontario Human Rights Code, R.S.O. 1990, c. H.19, s. 2(1) — Right to equal treatment in accommodation

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