The following information applies to Ontario only.  It is not legal advice.  Its purpose is to give general information about your rights if you reside in Ontario and are under 18 years old.  If you have a specific legal problem you should speak to a lawyer.
 

Can I decide where I want to live?

If you are 16 years of age or older, you can decide where you want to live.  This may or may not involve your parents.  If you are under 16, your parents can obtain a warrant from the police to have you returned home if you are living in a place that puts you in need of protection; in other words a place were you are at risk of physical, emotional or sexual abuse.  The Children’s Aid Society can also take you into care and place you away from home.

If your parents live apart and are asking for custody of you, you may have some say in where you live.  If you are 16 years of age or older, you can decide.  If you are under 16, depending on your ability to understand the situation, your views will be heard.  If you are under 14 years of age, there are laws that prevent someone from keeping you in their custody without the permission of the person who has legal custody of you.

Can my parents kick me out?

If you are under 16 years of age, your parents are required to provide you with the necessities of life.  Your parents will be under a legal obligation to support you based on their ability to pay.  The Children’s Aid Society can also become involved and provide you with a place to live.

If you are over 16 years of age, your parents will only be required to support you if you were kicked out or you left because you were being abused in any way.  Children’s Aid will not be able to help you if you leave home after your sixteenth birthday.  There are some situations in which they will assist 16 and 17 year olds on a voluntary basis.  You can call them to see if the situations apply to you.

Can I get welfare to live on my own?

If you are under 16 years of age, you are not entitled to receive social assistance as a single person.

If you are 16 or 17 years old, you can get benefits under Ontario Works (OW) only under “special circumstances”.  You might have to show that your parents will not let you live at home, or that it is harmful for you to live there.  However, the OW worker must be sure that your parents cannot or will not support you financially.  There are also rules regarding your living arrangements, family counselling and school attendance that you must follow in order to get social assistance.

Contact your local Ontario Works office to apply.  You have the right to apply for benefits even if you are told that you may not be eligible.  If you are turned down, you are entitled to an internal review of the decision by another worker in the OW office.  You can appeal to the Social Benefits Tribunal after you request the internal review.  For advice or help with an internal review or an appeal, contact a community legal clinic or a lawyer.

Do my parents have to support me?

Your parents must make sure that you have food, clothes and a place to live.  Otherwise, they must provide enough money to get these necessities for you.  Generally your parents must support you until you are 18 years old or as long as you are enrolled in a full-time educational program.

Your parents do not have to support you if you are 16 years or older and have left home of your own free will.

If you are 16 years or older and you believe that you were forced to leave home your parents may still have to support you.  For example, if you left home because you were kicked out without good reason or if you were being abused in any way, you are entitled to continued financial support.  It is important to remember that your parents are expected to support you only as much as they are financially able.

What if I am under 16 and can’t live at home?

If you are under 16 years of age the Children’s Aid Society may be under a legal obligation to take you into their care.  They will take you into care if they believe that you are in need of protection.  For example, if your parents kicked you out and you have no place to live, Children’s Aid will have to help you.

Can I go to school if I am not living at home?

If you are now living in a district for a different school board than where your parents live, you might have trouble getting into school.  If you wish to continue attending the same school, you should not have a problem. You should speak to a lawyer if the school is refusing to enrol you.  See School Section for more detailed information.

Can I rent my own apartment?

It is against the law for a landlord to refuse to rent an apartment to you because you are under the age of 18.  The law protects you against discrimination in housing if you are 16 or 17 years of age.  It is discrimination if the reason you have been refused is because you are 16 or 17 years old or because you are on welfare.  You have certain rights and responsibilities once you move into an apartment.  To find out more about your rights and responsibilities as a tenant contact you local community legal clinic.

Can I get a job?

You may work and keep your own wages.  However, if you are less than 16 years old and are required to be in school, you may not work during school hours.  If you are under the age of 16, there are laws that limit the places and times of day that you can work.  Minimum wages can differ, depending on where you work, whether it is full-time or part-time or summer work.  For questions about your employment rights you should call the Employment Practices Branch of the Ontario Ministry of Labour (416-326-7160 in Toronto) or phone a community legal clinic.

The legal information on this site is general information only (not legal advice) as it applies in Ontario.  If you have a legal problem, you should talk to a lawyer.