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Ontario’s Human Rights Code provides a process for applying to the HRTO. This guide explains the lack of a filing fee, possible case expenses, and the remedies the Tribunal may order.
Looking for the step-by-step filing guide?
For a numbered, document-by-document walkthrough of completing Form 1, gathering evidence, and submitting your application, see our companion guide: How to file an Ontario Human Rights Tribunal complaint (step-by-step).
HRTO Case Disclaimer
The legal claims in Carroll v. Ontario (HRTO 2025-62264-I) involve specific individual circumstances and are distinct from the general advocacy positions expressed on this website. This case alleges that wait times during documented critical developmental windows may constitute discrimination under Ontario's Human Rights Code.
1-Year Filing Deadline
Applications generally must be filed within one year after the last alleged discriminatory event. Do not assume a denial, notice, age-out event, or ongoing situation sets or restarts the deadline; preserve dates and get case-specific legal advice.
The advocacy positions on this page are based on publicly available government data, FAO reports, and published HRTO decisions. They represent fair comment on matters of public interest.
71,263 children are waiting, legal accountability mechanisms exist to challenge this crisis.
Registered
91,97491,974Children registered
Total in the Ontario Autism Program queue
MCCSS FOI via OAC · May 2026
Funded
20,71120,711Have active funding
Only 22.5% of registered children
MCCSS FOI via OAC · May 2026
Waiting
71,26371,263Still waiting
Registered. Diagnosed. Un-funded.
MCCSS FOI via OAC · May 2026
Verified , MCCSS FOI via OAC · May 2026
| Metric | Value |
|---|---|
| Children registered | 91,974 |
| Have active funding | 20,711 |
| Still waiting | 71,263 |
Part I
Six steps from eligibility check to decision.
From eligibility check to decision, here is what the HRTO process looks like for autism service complaints.
Read the current Form 1 and Applicant’s Guide to assess whether your facts identify a Human Rights Code ground, a covered social area, and alleged discrimination within the HRTO’s jurisdiction. Eligibility and the correct legal theory are case-specific.
What stays confidential, what becomes a public record, and who actually delivers the paperwork.
Matters disclosed during mediation are confidential under HRTO Rule 15. Settlement terms may also be subject to a confidentiality clause, but there is no public autism-specific settlement rate.
HRTO Rule 15HRTO decisions may be published and searchable through CanLII and the Tribunal’s decisions page. Publication, anonymization, and confidentiality questions depend on the Tribunal’s rules and any order made in the file.
HRTO decisions guidanceSubmit through the HRTO Portal or by mail to the Tribunal. If the application is accepted for processing, the Tribunal sends it to the respondent or respondents named in the application, subject to its current process.
HRTO Applicant’s GuidePart II
Potential outcomes if the HRTO rules in your favour.
The HRTO may order a respondent to take steps that promote future compliance with the Human Rights Code. The scope depends on the findings and requested remedy.
Depends on your specific caseMoney to acknowledge the stress, anxiety, and emotional pain your family experienced because of the discrimination.
Case-specific; evidence requiredThe HRTO may award compensation for loss caused by proven discrimination. Whether an expense is recoverable depends on the evidence and legal findings.
Case-specific; causation and proof requiredMonetary compensation may address injury to dignity, feelings, and self-respect when discrimination is proven.
Case-specific; no guaranteed amountThe HRTO may order non-monetary steps that promote future compliance with the Human Rights Code.
Depends on the findings and requested remedyUse the current HRTO Form 1 and Applicant’s Guide. Explain the Human Rights Code ground and social area you rely on, describe the events and dates, identify the respondent, and state the remedy you are asking for. The HRTO decides whether it has jurisdiction and whether discrimination is proven; filing an application does not guarantee either result.
Source: HRTO Applicant’s GuideAn application generally must be filed within one year after the last alleged discriminatory event. If you file later, the Applicant’s Guide says you must explain the delay and provide a good-faith reason. Whether events form a continuing series is case-specific, so get legal advice about the dates in your situation.
Source: HRTO Applicant’s GuideGive specific facts, dates, correspondence, decisions, and records that support the discrimination alleged. Medical, service, or financial records may be relevant, but the documents needed depend on the claim. Follow the current Form 1 and Applicant’s Guide rather than treating this page as a filing checklist.
Source: HRTO Applicant’s GuideThe HRTO may order monetary compensation for loss or injury to dignity, non-monetary restitution, and steps to promote future compliance with the Human Rights Code. Remedies are case-specific. The Human Rights Legal Support Centre states that the HRTO has no jurisdiction to award one party’s legal costs against another.
Source: HRLSC remedy guideYou may represent yourself, but legal advice can help with jurisdiction, deadlines, evidence, respondents, and remedies. The Human Rights Legal Support Centre provides legal assistance to eligible people with matters covered by Ontario’s Human Rights Code.
Source: HRLSC application guideTiming varies by the issues, completeness reviews, preliminary decisions, mediation, hearing requirements, and the Tribunal’s schedule. This page does not promise a fixed timeline. Check the HRTO’s current application and hearing process information for the steps that apply to your file.
Source: HRTO application and hearing processThe HRTO does not charge a fee to file Form 1, but you may choose to pay for a lawyer, expert evidence, document preparation, travel, or other case expenses. Do not assume those expenses will be repaid: the Human Rights Legal Support Centre states that the HRTO has no jurisdiction to award legal costs to a party.
Source: HRLSC remedy guidePublished HRTO decisions are available through CanLII and the Tribunal’s decisions page. Mediation is confidential, so public decisions do not provide a complete count of settlements or success rates for autism-service applications. Every application turns on its own facts, evidence, and legal issues.
Source: HRTO laws, rules and decisionsUnlike these administrative oversight bodies, the HRTO may order remedies in a proven Human Rights Code application. These routes can still investigate, audit, or shape the public record.
Investigates complaints about provincial government services, including MCCSS and OAP administration. It cannot award compensation but may recommend process changes.
Audits government spending and program value-for-money, including OAP. Cannot resolve an individual case but its findings can support a broader complaint.
Does not investigate individual complaints, but publishes the policy positions the HRTO and courts draw on when assessing disability discrimination claims.
Note: The former Provincial Advocate for Children and Youth is now part of the Ontario Ombudsman's office.
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Related Resources
How many children are on the Ontario autism waitlist in 2026?
VerifiedAs of May 13, 2026, 91,974 children are registered with the Ontario Autism Program. However, only 20,711 (22.5%) have an active Core Funding Agreement. This represents ~300% growth in registrations since 2019, with 71,263 children still waiting for essential funding.
Source: MCCSS FOI via OAC · Mar 2026, FAO Report 2024 · Verify Link
How long do families wait for Ontario autism services?
VerifiedOntario autism wait times for core clinical services now exceed 5+ years (Ontario Autism Coalition, July 2026). Funding invitations are currently reaching families who registered in August 2021 (Ontario Autism Coalition, July 2026 (reported from community intake)). This delay far exceeds the sensitive early intervention window recommended by developmental specialists.
Source: MCCSS FOI via OAC · Mar 2026, FAO Report 2024 · Verify Link
Is the Human Rights Commission investigating the OAP?
VerifiedThe Ontario Human Rights Commission (OHRC) has issued policy statements on the rights of people with disabilities, including the right to equitable access to services. The OHRC has identified systemic barriers in disability service delivery as a human rights concern. Families can file complaints with the HRTO regarding unreasonable service delays.
Source: OHRC Policy Statements
What is the human cost of Ontario autism wait times?
VerifiedThe human cost of Ontario autism wait times is significant. Every month a child waits is time they cannot get back in terms of early development. The clock is always ticking, and the vast majority of autistic children in Ontario are waiting during the sensitive developmental period when intervention is most effective.
Source: WHO Fact Sheet: Autism Spectrum Disorders (2023); FAO Report 2023-24
Are OAP wait times legal in Ontario?
VerifiedWhile no court has yet ruled specifically on the OAP, the Ontario Human Rights Code prohibits discrimination in service delivery. Advocates and legal experts have argued that the 'failure to provide' timely services due to administrative backlogs may constitute discrimination under the Human Rights Code. Some families affected by lengthy wait times have pursued Human Rights Tribunal (HRTO) applications. Consult a lawyer for advice about your specific situation.
Source: Ontario Human Rights Code, HRTO Precedents
Can autistic students get an educational assistant (EA)?
VerifiedSchools may assign EAs based on IEP needs, but 47% of families report insufficient supports. EA availability varies by board and often fails to match clinical needs, leaving many autistic students without necessary classroom support.
Source: Ontario Education Act & OAC · Verify Link
Evidence on this page
Key claims are paired with their source, evidence tier, and verification date so readers can inspect the public record directly.
91,974
children are registered in the Ontario Autism Program
22.5%
Only 20,711 children have active funding agreements (22.5%), less than one in four
According to the FAO (2020 report), OAP funding covers less than one-third of estimated need at 2018-19 service levels
$965M
Ontario allocated $965M to the Ontario Autism Program in 2026-27