Case snapshot
At a glance
- Case
- Can the Ontario Human Rights Tribunal Hear Bank Complaints?
- Court / Tribunal
- Human Rights Tribunal of Ontario
- Citation
- 2026 HRTO 1479 ↗
- Date
- October 1, 2026
- Area of law
- Employment Law
- Key issue
- Whether the Human Rights Tribunal of Ontario has jurisdiction to hear a discrimination complaint arising from the provision of banking services by a federally regulated bank.
- Outcome
- The application was dismissed in its entirety because the conduct of a federally regulated bank — including the actions of its individual employees — falls under federal, not provincial, human rights jurisdiction.
- Why it matters
- Ontario residents who experience discrimination by a bank or its employees need to know their complaint belongs in the federal human rights system (the Canadian Human Rights Commission, and then the Canadian Human Rights Tribunal), not the HRTO, or risk having their complaint dismissed without a hearing on the merits.
Legal principle
The rule from this case
Ontario's Human Rights Code only covers matters that fall under provincial jurisdiction. Banking is explicitly assigned to the exclusive authority of the federal Parliament under the Constitution Act, 1867. That means complaints about discrimination in the delivery of banking services — including advice about registered savings accounts — must be brought under the Canadian Human Rights Act before the Canadian Human Rights Tribunal, not the HRTO. This rule applies not just to the bank as an institution, but also to the individual bank employees who carry out those banking functions. When an employee acts in connection with a core federal power like banking, their conduct is also treated as federally regulated for human rights purposes. The HRTO has no power to hear such a complaint, regardless of how compelling the underlying facts may be.
Important limits
What this does not mean
This decision does not mean that a person who experienced discrimination by a bank has no legal recourse. It means the complaint must be filed with the correct tribunal — the Canadian Human Rights Tribunal — which administers the federal human rights regime. The substance of the discrimination claim is not decided here; only the question of which body has authority to hear it. This decision also does not affect human rights complaints against provincially regulated employers or service providers, such as most private-sector employers, restaurants, landlords, or retailers. Those complaints still belong before the HRTO. The ruling is specific to entities — like chartered banks — whose core activities are assigned exclusively to federal jurisdiction under the Constitution.
Can the Ontario Human Rights Tribunal Hear a Complaint Against a Bank?
No — the Human Rights Tribunal of Ontario (HRTO) does not have jurisdiction over discrimination complaints involving federally regulated banks. Banking falls under exclusive federal authority in Canada, so those complaints must go to the Canadian Human Rights Tribunal instead.
This was confirmed in Yanez v. TD Customer Care Manager, 2026 HRTO 1479 (CanLII), a decision released October 1, 2026, where the HRTO dismissed an application alleging ethnic-origin discrimination in the delivery of banking services.
What Happened in This Case?
The applicant filed a complaint in December 2025 alleging that a bank’s customer care manager discriminated against her on the basis of ethnic origin in connection with the management of a Registered Education Savings Plan (RESP). She claimed that erroneous advice and service led to less savings accumulating in the account.
Before the case could proceed to a hearing on the merits, the HRTO flagged two potential problems: the complaint may have been filed late, and the bank appeared to be a federally regulated entity outside the Tribunal’s jurisdiction. The applicant provided written submissions on the delay issue but did not address the jurisdiction question. The Tribunal proceeded to rule on jurisdiction alone.
Why Does Federal vs. Provincial Jurisdiction Matter for Human Rights Complaints?
It matters because Ontario’s Human Rights Code only applies to activities under provincial jurisdiction. Canada’s Constitution assigns banking exclusively to the federal Parliament, which means a bank’s services — and the employees who deliver them — are governed by federal law, not Ontario law.
When a discrimination complaint arises from a federally regulated activity, the applicable statute is the Canadian Human Rights Act, and the body with authority to hear it is the Canadian Human Rights Tribunal in Ottawa. If the HRTO lacks jurisdiction, it cannot go on to decide the merits of the complaint.
Does This Apply to Individual Bank Employees Too?
Yes. Even if a complaint names an individual employee rather than the bank itself, the HRTO still lacks jurisdiction if that employee was acting in connection with a core federal banking function.
The Tribunal applied established case law confirming that the conduct of individual bank employees is federally regulated when they act within the scope of banking activities. Naming a specific manager or customer service representative instead of the bank’s corporate entity does not change that analysis.
What Standard Did the Tribunal Apply Before Dismissing?
The Tribunal applied what is called the “plain and obvious” standard, meaning it accepted the applicant’s version of events as true and considered her case at its strongest before concluding that jurisdiction was still clearly absent.
This is an important safeguard: the Tribunal is not finding that the applicant’s experience did not happen or that discrimination did not occur. It is only finding that, even taking everything the applicant says at face value, this is not the right forum to decide it. Our Ontario employment law lawyers regularly help clients identify the correct tribunal or court for their specific situation.
Where Should You File a Discrimination Complaint Against a Bank in Ontario?
If your complaint involves a federally regulated employer or service provider — including chartered banks, airlines, interprovincial trucking companies, and federal Crown corporations — you must file with the Canadian Human Rights Commission, which then refers eligible complaints to the Canadian Human Rights Tribunal.
For complaints against provincially regulated employers and service providers — most private businesses, landlords, restaurants, and the like — the HRTO remains the correct forum. If you are unsure which category applies to your situation, getting legal advice early can prevent a dismissal on jurisdictional grounds before your complaint is ever heard on its merits. Residents in the Hamilton and Burlington area can also explore our Burlington employment law page for more local context.
Do Time Limits Still Matter If a Bank Complaint Belongs Federally?
Time limits are strict in human rights proceedings. Under the Canadian Human Rights Act, complaints generally must be filed within one year of the last discriminatory act, though the Commission has some discretion to extend that period in appropriate circumstances.
This decision did not decide any federal deadline question. The HRTO also flagged that the application may have been filed late, but it did not need to decide that issue because the jurisdiction problem was enough to dismiss the application. Because each system has its own time limits, it is worth getting advice promptly about where a complaint belongs. Our team at wrongful dismissal and employment law regularly advises on time-sensitive human rights and employment matters.
Questions and Records to Discuss With a Lawyer
- Is the organization you are complaining about federally or provincially regulated, and how does that affect which tribunal has jurisdiction over your complaint?
- What is the date of the last act of discrimination you experienced, and how does that date interact with the applicable filing deadline?
- Have you already filed a complaint somewhere, and if so, what effect might that filing have on your ability to proceed elsewhere?
- Do you have documentation — emails, account statements, written communications — that records the conduct you experienced?
- If your complaint involves an individual employee, what were they doing at the time, and does that activity connect to a federally regulated function?
If you have questions about a human rights complaint, a workplace discrimination issue, or whether your situation falls under provincial or federal jurisdiction, you are welcome to reach out to UL Lawyers through /connect to discuss your circumstances.
This article is automated commentary on a public court decision and is for general information only — not legal advice. Decisions rely on facts unique to each case. If you are affected by a similar issue, contact a lawyer for advice specific to your situation.
FAQ
Frequently asked questions
The HRTO handles discrimination complaints under Ontario's Human Rights Code, which covers provincially regulated activities. The Canadian Human Rights Tribunal handles complaints under the federal Canadian Human Rights Act, which covers federally regulated industries like banking, airlines, and telecommunications.
Ontario courts can hear some civil claims related to discriminatory conduct, but human rights remedies are generally pursued through the applicable human rights tribunal. Whether a court action is available depends on the specific facts and legal theories involved, so legal advice is important before choosing a path.
Federally regulated entities include chartered banks, airlines, railways, interprovincial trucking and shipping companies, telecommunications providers, and federal Crown corporations. Most other private-sector employers and businesses in Ontario are provincially regulated and fall under the HRTO's jurisdiction.