Privacy, on your terms.Analytics run by default. Decline any time.
Human Rights Code · Ontario
Use the current Form 1 to describe what happened and why you believe it falls under the Human Rights Code. This guide explains the lack of a filing fee, possible case expenses, eligibility, deadlines, and what may happen after you file.
Direct answer
HRTO Applicant’s Guide · Verified 2026-08-10
A step-by-step filing guide is also available.
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 registered children have no active Core Funding Agreement (MCCSS FOI via OAC · May 2026). The figure describes agreement status, not whether a child has started receiving services.
Ontario's figures, as of May 2026 (MCCSS FOI via OAC · May 2026).
Registered
91,974
91,974Children registered
Total registered in the Ontario Autism Program
Funded
20,711
20,711Have active funding
22.5% of registered children
Without active agreement
71,263
71,263Without an active funding agreement
An administrative status; it does not confirm current service delivery.
Figures as of · MCCSS FOI via OAC · May 2026 · checked
| Metric | Value |
|---|---|
| Children registered | 91,974 |
| Have active funding | 20,711 |
| Without an active funding agreement | 71,263 |
Part I
Six steps from eligibility check to decision.
How It Works
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.
Before You Submit
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 15 (opens in a new tab)HRTO 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 guidance (opens in a new tab)The HRTO currently accepts Form 1 by email or mail. If the application is complete, the Tribunal sends it to the respondent or respondents named and any affected parties. Check current filing instructions before submitting.
HRTO Forms and filing (opens in a new tab)Part II
Potential outcomes if the HRTO rules in your favour.
HRTO remedies and case-specific limits
| Remedy | Description | Consideration | Source |
|---|---|---|---|
| System-Wide Changes | 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 case | HRLSC remedy guide |
| Compensation for Emotional Harm | Money to acknowledge the stress, anxiety, and emotional pain your family experienced because of the discrimination. | Case-specific; evidence required | HRLSC remedy guide |
| Compensation for Proven Financial Loss | The 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 required | HRLSC remedy guide |
| Compensation for Injury to Dignity | Monetary compensation may address injury to dignity, feelings, and self-respect when discrimination is proven. | Case-specific; no guaranteed amount | HRLSC remedy guide |
| Public Interest Remedies | The HRTO may order non-monetary steps that promote future compliance with the Human Rights Code. | Depends on the findings and requested remedy | HRLSC remedy guide |
Use 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 Guide (opens in a new tab)An 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 Guide (opens in a new tab)Give 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 Guide (opens in a new tab)The 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 guide (opens in a new tab)You 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 guide (opens in a new tab)Timing 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 process (opens in a new tab)The 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 guide (opens in a new tab)Published 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 decisions (opens in a new tab)If HRTO Isn't the Right Fit
Unlike 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.
Handles concerns about AccessOAP services, including how the Determination of Needs process was run, with separate complaint forms. For some Determination of Needs complaints, AccessOAP offers a third-party review after its written summary. Page read October 13, 2026.
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.
The Ontario Human Rights Code prohibits discrimination in service delivery based on disability. Families may wish to understand how these protections may apply to their situation.
Learn About the OHRC InvestigationAnswer a few quick questions and get a personalized map of your next steps in the Ontario Autism Program.
A plain guide to OAP registration, interim therapy options, and what to expect during the wait.
Estimate your wait time, find funded interim services near you, and track your OAP status.
Email your MPP with one click, share verified data, and advocate for system-wide reform.
Ontario families assembled this evidence from the government’s own records. Put it to work — email your MPP in two minutes.
Guides and tools related to this page.
How many children are on the Ontario autism waitlist in 2026?
As 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 · May 2026 · Open source record
How long do families wait for Ontario autism services?
The reported wait for OAP Core Clinical Services funding is 5+ years for families registered in August 2021 (community-reported, Ontario Autism Coalition, July 2026). The FOI data does not contain a government-published average. Pending verification: Editorial review not recorded. Excluded from citation-ready exports.
Source: Ontario Autism Coalition, July 2026 · Open source record
Is the Human Rights Commission investigating the OAP?
The 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. Pending verification: Source link not recorded; Editorial review not recorded. Excluded from citation-ready exports.
Source: OHRC Policy Statements