01/03/2019 – Jurisdiction Ontario
Part 66 published on 01/06/2019
Developer not responsible for failure to provide gender-inclusive facilities
The applicant condominium owner alleged that the Developer of the condominium had discriminated by failing to provide gender-inclusive washrooms and steam rooms. The claim was dismissed. The Tribunal said:
With regard to the building design itself, the applicant was unable to point to any evidence that could link the respondent’s actions to their particular Code grounds. Inclusivity with respect to gender identity and gender expression is evolving but a relatively new area, particularly in regards to building design and construction.
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The International Building Code was only amended in 2018 to reflect fixture calculations and signage suggestions for universal washrooms. These building code requirements have yet to be adopted in local jurisdictions including Ontario.
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While the building construction may be complete, there could be many possible ways to accommodate the needs of residents who do not identify with binary genders, for example through alternating use of spaces, or designating certain spaces as gender-inclusive. At this point, it is the condominium corporation who would be responsible for such issues and in order for the applicant to trigger these obligations, they must first raise the issue and make a request to the condominium corporation.