Accommodating Disabilities

Condo communities and all housing providers in Ontario must comply with the Human Rights Code up to the point of undue hardship. Undue hardship is determined based on how cost prohibitive the accommodation is or how likely it is to cause injury or other health risks.

The Code is a provincial law that gives everyone equal rights and opportunities without discrimination in areas such as jobs, housing, services, facilities and contracts. The Code’s goal is to prevent discrimination and harassment due of race, sex, disability, age and 13 other protected grounds.

Not all unfair treatment and harassment is covered by the Code. Please visit the Ontario Human Rights Commission’s website for more information on protected grounds and social areas.

Condo corporations are legally required to accommodate the needs of people with disabilities and should weigh the enforcement of their governing documents against these human-rights based needs.

For example, if a condo prohibits owners from keeping animals, but an owner requires a service or emotional support animal, then the corporation may be required to allow them to keep the animal as an accommodation.

Corporations are obligated to accommodate residents to the point of undue hardship, which means that they may be exempt from having to accommodate if that accommodation would be cost prohibitive of cause significant health or safety risks.

Owners should make accommodation requests in writing and provide basic general information about their disability, including medical proof that doesn’t detail specifics.

Corporations must:

• Treat each request seriously and maintain confidentiality
• Only ask for as much information as necessary to reasonably respond
• Bear the cost of the accommodation and get expert advice if required

Everyone involved in the accommodations process should:

• Work collaboratively to find workable solutions
• Keep a record of all communications
• Be open to alternatives
• Create an environment where accommodations are more understandable, accessible and meet human rights standards

The Accessibility for Ontarians with Disabilities Act is a legislation that aims to remove barriers for people with disabilities. The law is applicable to all organizations in the province with one or more employees.

AODA requires these organizations to establish a minimum level of accessibility by:

• Creating accessibility plans and policies
• Allowing access to service animals and support persons under certain conditions
• Providing accessible communications

Physical accessibility requirements are covered in Ontario’s Building Code. Requirements such as barrier-free washrooms, automatic power door operators, visual fire alarms, apply to most new construction and extensive renovations only.