One way to address discrimination in rental housing that occurs because of a protected characteristic is the Nova Scotia Human Rights Commission. If the RTA was violated, this can also be addressed at the Tenancy Board, but it cannot be addressed at both.

Protected characteristics include:

• Age

• Gender

• Sexual orientation

• Marital or family status

• If you are pregnant or have kids

• Religion, creed, or political beliefs

• Race, colour, or ethnic, aboriginal, or national origin

• Physical or mental disabilities (including disabilities that require a service dog)

• Source of income (including welfare, disability, CPP, child support, etc.)

• Disease or illness (like AIDS or HIV)

The Human Rights Act does not apply in situations where someone rents a room in a house that’s occupied by the landlord or their family, or if the unit was not advertised. The RTA does not apply in situations where there is no landlord-tenant relationship, like rental housing applications (see Am I Covered? The Landlord Tenant Relationship).

Human Rights complaints must be made within 12 months of the last incident. Anyone can call the Human Rights Commission and talk to a clerk about their situation to see if it meets the criteria for filing. There is also an online form to help determine next steps.

The basic process for filing a Human Rights complaint is as follows:

1. Develop a timeline of events with specific dates and evidence (documents, emails, text messages, etc.).

2. Speak to an officer at the Human Rights Commission. They will go through your timeline over the phone and assess whether your complaint and evidence is enough for a claim.

3. File your official complaint. The officer will help you do this and it can be done over the phone.

4. The complaint will be assessed. If a human rights violation is determined to have occurred, the Commission will notify the other party. In this case, usually the landlord or rental agent.

5. Both parties will attend a resolution conference and create a solution to the issue. This can include a settlement agreement or legally binding order.

6. If both parties cannot reach an agreement, the complaint will move to the Commissioners of the NS Human Rights Commission, who may have a Board of Inquiry (an independent administrative tribunal) review the case.

The Human Rights Commission works very slowly. Often it can take a year to have your complaint heard and more than two years before parties reach a resolution. Many complaints are closed without reaching a settlement.