Topless to Fully Clothed – Condo pool dress code

The dress code for condo swimming areas is becoming more complex. While restrictions on clothing may be necessary for sanitary and safety reasons, limitations on bathing attire should not violate human rights legislation. A Scarborough condominium was reported to the Human Rights Tribunal of Ontario after prohibiting a Muslim family from swimming in long shorts and t-shirts. Similarly, the Ontario criminal code prohibits nudity on private property, but a 1996 ruling permits female toplessness. The Ontario Superior Court ruled in 2012 that differentiating between male and female toplessness is discriminatory and inconsistent with the Human Rights Code. Condo corporations may not impose limitations on allowable bathing attire in swimming areas that are not equally applied to all. The rules should not discriminate against any groups, including gender, age, or religion.