Filing an OHRC Complaint About OAP Access

Direct answer

If you allege that an Ontario Autism Program access decision infringed disability rights in services, file an application with the Human Rights Tribunal of Ontario, not the Ontario Human Rights Commission. Use the current Form 1 or Form 1G that fits who is applying, file by email or mail, and observe the one-year limitation period.

Current Mediation Rule
Rule 15
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Key facts

Limitation Period
One year from the alleged incident or the last event in a series
Tribunals Ontario, Application and hearing process
Current Filing Channels
Email or mail
Tribunals Ontario, Application and hearing process
Current Mediation Rule
Rule 15
Human Rights Tribunal of Ontario Rules of Procedure

The numbers behind this answer

Every answer on this site sits on the same verified counts. These are the current figures.

Ontario's figures, as of May 2026 (MCCSS FOI via OAC · May 2026).

Registered

91,974

Children registered

Total registered in the Ontario Autism Program

Funded

20,711

Have active funding

22.5% of registered children

Without active agreement

71,263

Without an active funding agreement

An administrative status; it does not confirm current service delivery.

Figures as of · MCCSS FOI via OAC · May 2026 · checked

Show as table
Ontario Autism Program key statistics (MCCSS FOI via OAC · May 2026, as of May 13, 2026)
MetricValue
Children registered91,974
Have active funding20,711
Without an active funding agreement71,263

Where an OAP access allegation is filed

  • The Ontario Human Rights Commission and the Human Rights Tribunal of Ontario have different roles. The Commission develops policy, conducts education and may intervene in matters affecting the broad public interest. The Tribunal receives applications and decides whether the Human Rights Code was violated.
  • Section 1 of the Human Rights Code, R.S.O. 1990, c. H.19, protects equal treatment in services, goods and facilities, and disability is a protected ground. The HRTO Applicant's Guide includes government programs among public services and facilities. Section 11 addresses requirements, qualifications or factors that appear neutral but have an adverse effect. These provisions do not establish that any particular OAP access allegation will succeed.

Forms, facts and filing deadline

  • Use Form 1 when filing on your own behalf or when acting as litigation guardian for a minor. Use Form 1G when a person or organization applies on another person's behalf. Use the current forms and instructions at tribunalsontario.ca/hrto.
  • Identify each respondent and explain what happened, where and when it happened, how each respondent was responsible, the Code area and ground relied on, and the result requested. Current Tribunal instructions permit an initial application to be filed by email or mail. After receipt, the HRTO sends a letter containing the file number.
  • File within one year of the alleged incident or, for a connected series, within one year of the last event. Sections 34(1) and 34(2) allow a late application only if the delay was incurred in good faith and no substantial prejudice would result. A late applicant must explain the delay.

Mediation and legal support

  • For applications filed on or after June 1, 2025, the HRTO schedules mediation after confirming that an application is complete and within its jurisdiction. Current mediation procedure is under Rule 15. The process is confidential, and if no agreement is reached the application proceeds to the next step, which may include a hearing.
  • The Human Rights Legal Support Centre offers free human-rights legal services to Ontario applicants and can be reached toll-free at 1-866-625-5179.

Frequently asked questions

The Ontario Human Rights Commission develops policy, provides public education and may bring or intervene in public-interest matters. The Human Rights Tribunal of Ontario receives applications and decides whether rights under the Human Rights Code were violated.

The general discrimination test requires a protected characteristic, an adverse impact within a protected social area, and proof that the protected characteristic was a factor in that impact. The application should set out the facts supporting each part of that test.

The HRTO may hear a late application only if the delay occurred in good faith and would not cause substantial prejudice to another affected person. Explain why the application could not be filed within one year.

Current Tribunal instructions say a completed initial application can be filed by email or mail. Use the current forms and instructions at tribunalsontario.ca/hrto and retain the letter containing the HRTO file number.

Sources

  1. Tribunals Ontario

    Human Rights Tribunal of Ontario application and hearing process, including filing channels, limitation period and late-application test

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  2. Human Rights Tribunal of Ontario

    Applicant's Guide for Forms 1 and 1G, Code areas and grounds, form selection and legal-support contact

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  3. Human Rights Tribunal of Ontario

    Rules of Procedure, including application requirements and current Rule 15 mediation procedure

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  4. Human Rights Tribunal of Ontario

    Jurisdictional Reviews information sheet explaining sections 34(1) and 34(2)

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  5. Human Rights Tribunal of Ontario

    Mediation information sheet explaining current scheduling, confidentiality and next steps

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  6. Ontario Human Rights Commission

    Relevant Human Rights Code provisions, including section 1 services protection

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  7. Ontario Human Rights Commission

    Ontario's human rights system and the separate roles of the Commission and Tribunal

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  8. Ontario Human Rights Commission

    Policy on ableism and discrimination based on disability, including the discrimination test and section 11

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  9. Ontario Human Rights Commission

    Establishing discrimination under the Human Rights Code

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  10. Ontario Human Rights Commission

    Section 11 and adverse-effect discrimination in the duty-to-accommodate policy

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Next steps

Keep going with related guidance, tools, and evidence.

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Lived experience: Parent of autistic child navigating OAP system

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