Yes, volunteers can often file discrimination claims at the Human Rights Tribunal of Ontario (HRTO). While pure volunteers may not always be considered “employees,” they are frequently protected under the “employment” area if they receive perks, or under the “services” area of the Ontario Human Rights Code.
Charities, community centres, and non-profit organizations are the backbone of many Ontario cities, from Toronto and Mississauga to Guelph and Sudbury. Thousands of Ontarians donate their time freely to these causes. But what happens if a volunteer board member makes racist comments, or a non-profit manager sexually harasses an unpaid event helper? Many volunteers mistakenly walk away in silence, believing they have no legal rights simply because they do not receive a T4 tax slip.
The law in Ontario is far more nuanced. The Ontario Human Rights Code is designed to be interpreted broadly to protect vulnerable people. 📍 While a volunteer does not have rights under standard labour laws like the Employment Standards Act, the HRTO has repeatedly ruled that volunteers can be protected from discrimination. Whether the relationship is legally classified as “employment” or the provision of “services,” you have the right to a harassment-free environment. Consulting a human rights lawyer is crucial to properly categorizing your claim.
Step-by-Step Process for Volunteers Filing at the HRTO
Filing a human rights claim as a volunteer requires a strategic approach. Because your legal status is in a grey area, how you frame your application is critical to ensuring the HRTO accepts jurisdiction over your case.
Step 1: Assess the Volunteer Relationship
Before filing, you must analyze your specific role. Do you receive an honorarium, a transit pass, or free meals? Are you volunteering as a mandatory step to gain employment in that field (like a volunteer firefighter)? 🔍 The more perks or career-advancement ties you have, the more likely the HRTO will view your role as falling under the broad definition of “employment.”
Step 2: Identify the Protected Ground
You cannot sue an organization at the HRTO just because a manager was rude or unfair. The poor treatment must be directly linked to a protected ground under the Code. You must gather evidence showing you were targeted because of your race, age, sex, sexual orientation, disability, religion, or another protected characteristic.
Step 3: File the Form 1 Application (Employment vs. Services)
When your lawyer drafts the Form 1 Application, they will usually check off two boxes for the social area: “Employment” and “Services, goods and facilities.” 📝 By claiming both, you create a legal safety net. If the adjudicator rules that a pure volunteer is not an employee, they will often still rule that a non-profit offering volunteer opportunities to the public is providing a “service,” which is also fully protected by the Code.
Step 4: Navigating the Summary Hearing
Employers (non-profits) will often aggressively defend these cases by requesting a Summary Hearing. They will argue that because you are a volunteer, the HRTO has no legal right (jurisdiction) to hear the case. ⚔️ Your lawyer will present case law to the adjudicator proving that the Code’s protections extend to your specific volunteer arrangement.
Step 5: Mediation and Resolution
Once jurisdiction is established, the HRTO will offer mediation. Most non-profits rely heavily on public donations and cannot afford a public scandal regarding discrimination. As a result, many of these cases settle confidentially for financial damages and mandatory human rights training for the organization’s staff.
How Much Does it Cost in Ontario?
Pursuing a claim against a charity or non-profit does not involve court filing fees, but legal representation is highly recommended. As of May 2026, typical costs include:
| Expense Category | Estimated Cost (CAD) |
|---|---|
| HRTO Application Fee | $0. Accessing the tribunal is free for all Ontario residents. |
| Legal Advice & Drafting | Many lawyers charge a flat fee of $1,500 to $3,000 CAD to expertly draft your Form 1 Application. |
| Contingency Agreements | Some lawyers will take the case for 30% of your final settlement, meaning no upfront hourly fees. |
How Long Does the Process Take?
The most critical timeline for a volunteer is the one-year limitation period. ⏰ You must file your HRTO application within exactly one year of the discriminatory incident. If you miss this deadline, your claim will almost certainly be dismissed. Once the paperwork is filed, expect to wait 8 to 14 months for a mediation date due to tribunal backlogs, and up to 3 years for a final written decision if a hearing is required.
Frequently Asked Questions (FAQ)
What is the difference between a volunteer and an unpaid intern?
An unpaid intern usually performs work primarily for their own educational benefit or academic credit, often doing tasks normally done by paid employees. A true volunteer performs charitable acts of their own free will for a non-profit without expecting career advancement. Both, however, are protected by the Human Rights Code.
Can I sue the non-profit in civil court instead?
Generally, if the only issue is discrimination, you cannot sue in the Superior Court of Justice; you must use the HRTO. However, if the discrimination involved a physical assault or severe defamation, you might have grounds for a civil lawsuit alongside your human rights claim.
Are volunteer board members protected from discrimination?
Yes. Even if you hold a high-ranking unpaid position on a Board of Directors, you cannot be subjected to discriminatory behaviour or dismissed from the board based on protected grounds like your race, disability, or gender.
What kind of compensation can a volunteer win?
Because volunteers do not receive a salary, you generally cannot sue for “lost wages.” However, you can be awarded “general damages” to compensate for the emotional distress and the injury to your dignity and self-respect. In Ontario, these awards commonly range from $5,000 to $20,000 CAD.
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