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ontario regulation 340/17

made under the

Housing Services Act, 2011

Made: July 26, 2017
Filed: August 31, 2017
Published on e-Laws: August 31, 2017
Printed in The Ontario Gazette: September 16, 2017

Amending O. Reg. 367/11

(GENERAL)

1. Subsection 1 (1) of Ontario Regulation 367/11 is amended by adding the following definition:

“portable housing benefit” means a monthly benefit referred to in section 20.1; (“prestation de logement transférable”)

2. Part IV of the Regulation is amended by adding the following section:

Same, information related to calculation of portable housing benefit

9.2 (1) A service manager that offers or provides a portable housing benefit shall make the information mentioned in subsection (2) available to the public by posting it on the Internet.

(2) The information referred to in subsection (1) is the following:

1. Any average market rent data referred to in subparagraph 4 i of subsection 4 (1) of Schedule 4.1 that the service manager uses for the purposes of calculating a portable housing benefit.

2. Any information that the service manager relies on for the purposes of making a determination described in subparagraph 4 ii of subsection 4 (1) of Schedule 4.1 in connection with the calculation of a portable housing benefit.

3. The Regulation is amended by adding the following section:

Financial assistance specified for the purposes of par. 2 of s. 40 (3.1) of the Act

20.1 Financial assistance provided by a service manager to a household is specified as an alternate form of financial assistance related to housing for the purposes of paragraph 2 of subsection 40 (3.1) of the Act if the financial assistance is in the form of a monthly benefit described in section 1 of Schedule 4.1.

4. Section 23 of the Regulation is amended by striking out “sections 24 to 32” and substituting “sections 24 to 32.1”.

5. The Regulation is amended by adding the following section:

Cessation of eligibility — portable housing benefit

32.1 A household that is receiving rent-geared-to-income assistance ceases to be eligible for such assistance if the household has accepted an offer of a portable housing benefit and begins to receive that benefit.

6. Section 39 of the Regulation is amended by adding the following subsection:

(4) The local eligibility rule may provide that if a household refuses an offer of a portable housing benefit made by the service manager, the refusal may be considered to be a refusal of an offer of rent-geared-to-income assistance in a unit in the service manager’s service area for the purposes of the rule.

7. Subsection 46 (1) of the Regulation is amended by adding the following paragraphs:

4.1 Subparagraph 4 ii does not apply to a household that ceases to be eligible for rent-geared-to-income assistance under section 32.1 if the service manager is satisfied that there are extenuating circumstances for not removing the household from the list.

. . . . .

5.1 Unless the service manager is satisfied that there are extenuating circumstances, a household shall be removed from the list if the household,

i. is not receiving rent-geared-to-income assistance, and

ii. has accepted an offer of a portable housing benefit made by the service manager.

8. The Regulation is amended by adding the following Schedule:

SCHEDULE 4.1
Alternate Form of Financial Assistance Related to Housing specified for the purposes of par. 2 of s. 40 (3.1) of the act — monthly benefit referred to in section 20.1

Conditions for monthly benefit referred to in s. 20.1

1. A monthly benefit referred to in section 20.1 is a monthly benefit that meets the following conditions:

1. The benefit is provided by a service manager to a household described in section 2 of this Schedule.

2. The benefit is offered and provided to a household without any requirement that it be used for specified living accommodation or living accommodation of a specified size or type.

3. When the benefit is offered to a household, the household and, if applicable, its authorized representative, are notified in writing of the following:

i. the criteria for assessing the continued eligibility of a household for the benefit that are mentioned in section 3 of this Schedule,

ii. the initial amount of the benefit and the method used in calculating the benefit on an application for the benefit and on a review referred to in paragraph 1, 4 or 5 of section 5 of this Schedule,

iii. the effect that the receipt of the benefit will have on basic financial assistance that a member of the household is receiving or is entitled to receive under the Ontario Works Act, 1997 or income support that a member of the household is receiving or is entitled to receive under the Ontario Disability Support Program Act, 1997.

4. The acceptance of an offer of the benefit is effective 10 days after the offer has been accepted in writing unless the acceptance is revoked within that time.

5. Subject to paragraph 6, the benefit is paid to the member of the household who has been selected by the household to receive the benefit on behalf of the household.

6. The condition set out in paragraph 5 is not contravened if,

i. the member referred to in paragraph 5 directs the service manager in writing to pay all or part of the benefit on behalf of the household to the household’s landlord, and

ii. the service manager pays all or part of the benefit to the landlord as directed by the member.

7. The amount of the benefit payable in respect of a household is calculated as set out in section 4 of this Schedule.

8. The continued eligibility of a household for the benefit and the amount of the benefit payable in respect of a household are reviewed as described in section 5 of this Schedule.

9. Subject to paragraph 10, a member of a household is not required, as a condition of the household receiving or continuing to receive the benefit,

i. to report income or expected income,

ii. to provide information or documents if the service manager is satisfied that the member is unable to do so, or

iii. to provide information or documents if,

A. the household was included in the special priority household category when the household applied for the benefit or began to receive the benefit, and

B. the member believes that he or she or any other member of the household will be at risk of being abused by the abusing individual if he or she attempts to obtain the information or documents.

10. A condition set out in paragraph 9 is not contravened if the service manager requires a member of a household to do any of the following:

i. report income or expected income in connection with an application for the benefit,

ii. report income in connection with a review referred to in paragraph 1 of section 5 of this Schedule,

iii. report expected income in connection with a review referred to in paragraph 4 or 5 of section 5 of this Schedule,

iv. provide information or documents that the service manager requires to determine any of the following matters in connection with an application for the benefit or a review referred to in paragraph 1, 4 or 5 of section 5 of this Schedule:

A. the address of the household,

B. the size and composition of the household,

C. the net income of any member of the household whose net income is to be included in the calculation of the adjusted family net income of the household.

11. The service manager establishes a process for the review of the following decisions of the service manager and their effective date by a review body that did not participate in the original decision:

i. decisions made on an application for the benefit,

ii. decisions made on a review referred to in paragraph 1, 4 or 5 of section 5 of this Schedule.

Conditions for household, par. 1 of s. 1

2. A household referred to in paragraph 1 of section 1 of this Schedule is a household that is selected for an offer of the monthly benefit referred to in section 20.1 using a selection process that meets the following conditions:

1. A household is selected for an offer of the benefit only from the following:

i. households that are on the service manager’s centralized waiting list referred to in section 46 and that,

A. meet the conditions set out in paragraph 4, and

B. have applied for the benefit, and

ii. households that are not on the service manager’s centralized waiting list referred to in section 46 and that,

A. meet the conditions set out in paragraph 4,

B. are occupying a unit in the service manager’s service area,

C. are receiving rent-geared-to-income assistance, and

D. have applied for the benefit.

2. The selection of a household from among the households referred to in subparagraph 1 i meets the following conditions:

i. The priority rules for the selection of a household are the same as the rules for determining the priority of households waiting for rent-geared-to-income assistance that are referred to in section 48 of the Act.

ii. Subject to subparagraph iii, the service manager selects the household with the highest priority from among households referred to in subparagraph 1 i.

iii. The selection of a household with a lower priority does not contravene the condition set out in subparagraph ii if every other household with a higher priority has been given an offer of the benefit but has not accepted the offer within a reasonable time.

3. The selection of a household from among the households referred to in subparagraph 1 ii meets the following conditions:

i. the service manager is not required to determine the priority from among the households,

ii. the service manager is allowed to select, at its discretion and at any time, any household referred to in subparagraph 1 ii without reference to households referred to in subparagraph 1 i,

iii. the selection of a household is not based solely on the type of income the household receives.

4. The conditions referred to in sub-subparagraphs 1 i A and 1 ii A are the following:

i. The household consists of all of the household that,

A. is on the service manager’s centralized waiting list, in the case of a household referred to in subparagraph 1 i, or

B. is occupying a unit in the service manager’s service area and receiving rent-geared-to-income assistance, in the case of a household referred to in subparagraph 1 ii.

ii. The household meets the requirements of any additional rule that,

A. is established by the service manager, and

B. relates to the income of a household that is included to meet the requirements of clause 40 (1) (a) or (b) of the Act, taking into account the size of unit that is appropriate for the size and composition of the household and the area in which the household intends to live.

iii. The household is not ineligible under any additional rule that,

A. is established by the service manager, and

B. provides that a household is ineligible if the household resides outside the service manager’s service area while receiving the benefit.

iv. The household meets the requirements of any additional rule that,

A. meets the conditions set out in paragraph 5,

B. is established by the service manager,

C. requires, for a household to be eligible, that the value of the assets of the household not exceed a specified maximum value, which is selected by the service manager, taking into account the size and composition of the household, and

D. would comply with subsections 35 (4) to (9) if it applied with respect to eligibility for rent-geared-to-income assistance.

v. The household is not ineligible under any additional rule that,

A. meets the conditions set out in paragraph 5,

B. is established by the service manager, and

C. provides that a household is ineligible if a member of the household has been convicted of an offence or crime referred to in clause 36 (1) (a) or (b) not more than two years before the determination of ineligibility.

5. The conditions relating to an additional rule that are referred to in sub-subparagraphs 4 iv A and 4 v A are the following:

i. the rule does not treat a household differently from other households because the household resides, or at any time in the past did reside, outside the service manager’s service area, and

ii. the rule does not treat a household that is applying for the benefit differently from other such households because of how long the household has received rent-geared-to-income assistance.

Continued eligibility criteria

3. (1) The criteria for assessing the continued eligibility of a household for the benefit that are referred to in subparagraph 3 i of section 1 and subparagraphs 3 ii and 6 ii of section 5 of this Schedule are the following:

1. The household has not ceased to be eligible on any of the grounds set out in subsection (2).

2. The household has not ceased to be eligible under any additional rule that,

i. is established by the service manager, and

ii. relates to the cessation of eligibility of a household upon the relocation of the household outside the service manager’s service area.

3. If there has been a permanent change in the composition of the household, a resulting household continues to be eligible under any additional rule that is established by the service manager and relates to the continued eligibility of households upon a permanent change in their composition.

4. If there has been a permanent change in the composition of the household, a resulting household has not ceased to be eligible under any additional rule that is established by the service manager and relates to the cessation of eligibility of households upon a permanent change in their composition.

(2) A household ceases to be eligible for the benefit on any of the following grounds:

1. The amount of the benefit payable in respect of the household has been an amount equal to zero for a period of 24 consecutive months.

2. Subject to subsections (3) and (4), a member of the household, whose income is to be included in the calculation of the adjusted family net income of the household as set out in paragraph 6 of subsection 4 (1) of this Schedule for the taxation year referred to in paragraph 9 of that subsection, has not filed an income tax return for that taxation year by July 1 of the year in which the annual review is to be conducted.

3. Subject to subsection (3), a member of the household does not within a reasonable time provide to the service manager the information or documents the service manager requires to determine any of the following matters in connection with a review referred to in paragraph 1, 4 or 5 of section 5 of this Schedule:

i. the address of the household,

ii. the size and composition of the household,

iii. the net income of any member of the household whose net income is to be included in the calculation of the adjusted family net income of the household.

4. The household would cease to be eligible for rent-geared-to-income assistance under clause 27 (a) or (b) or section 31 or 32 if, instead of receiving the benefit, the household were receiving rent-geared-to-income assistance.

5. Subject to subsection (4), the household ceases to meet the condition described in subparagraph 4 iv or 4 v of section 2 of this Schedule.

6. The household accepts an offer of rent-geared-to-income assistance.

7. The household accepts an offer of a portable housing benefit from another service manager.

(3) A household that would cease to be eligible for the benefit on a ground set out in paragraph 2 or 3 of subsection (2) remains eligible for the benefit if the service manager is satisfied that there are extenuating circumstances.

(4) The grounds set out in paragraphs 2 and 5 of subsection (2) apply only with respect to an assessment of the continued eligibility for the benefit done on a review referred to in paragraph 1 of section 5 of this Schedule.

Calculation of monthly benefit, par. 7 of s. 1

4. (1) For the purposes of paragraph 7 of section 1 of this Schedule, the amount of the benefit payable in respect of a household is calculated as follows:

1. Subject to paragraphs 2, 12, 14, 15 and 16, the amount is calculated using the following formula:

80% AMR - [(AFNI x 0.30)/12]

in which,

“AMR” is the average market rent for a rental unit of an appropriate size and type for the household in the service manager’s service area determined as described in paragraphs 3 and 4, and

“AFNI” is the adjusted family net income of the household determined as described in paragraph 6.

2. The use of a percentage greater than 80 per cent is allowed in the formula set out in paragraph 1.

3. The standards for determining the size and type of rental unit appropriate for the size and composition of the household are the same as the service manager’s occupancy standards established under section 43 of the Act for households receiving rent-geared-to-income assistance.

4. The average market rent for a rental unit referred to in paragraph 3 in the service manager’s service area is determined as follows:

i. Subject to subparagraph ii, if the service area is a service area for which there are CMHC average market rent data that are posted on the Ministry’s website at the time of the calculation of the benefit, the average market rent for the rental unit is the average market rent, as shown in the posted CMHC average market rent data, for such a rental unit in the service manager’s area.

ii. If the service area is a service area for which there are no CMHC average market rent data posted on the Ministry’s website at the time of the calculation of the benefit or if the service manager is of the view that the average rent in the relevant local housing market in its service area is higher than the posted CMHC average market rent data, the average market rent for the rental unit is the average market rent for such a rental unit in the relevant local housing market in its service area as determined by the service manager for the purposes of this subparagraph.

5. For the purposes of paragraph 4,

“CMHC average market rent data” means the average market rent data by rental market area as determined by the rental market survey conducted annually by the Canada Mortgage and Housing Corporation.

6. The adjusted family net income of a household is determined by adding the net income of each member of the household who is at least 16 years old, excluding dependants who are in full-time attendance at a recognized educational institution.

7. For the purposes of paragraph 6,

“recognized educational institution” means any of the following:

i. a school, as defined in the Education Act,

ii. a university,

iii. a college of applied arts and technology established under the Ontario Colleges of Applied Arts and Technology Act, 2002,

iv. a private career college, as defined in the Private Career Colleges Act, 2005, or

v. a private school, as defined in the Education Act, for which a notice of intention to operate has been submitted to the Ministry of Education in accordance with that Act.

8. For the purposes of the initial calculation of the amount of the benefit, the net income of a member of a household for the purposes of paragraph 6 is, at the sole discretion of the service manager, either one of the following:

i. the net income amount for the member indicated on line 236 of the latest notice of assessment issued under the Income Tax Act (Canada) for the member’s most recent taxation year that ended before the application is considered, adjusted as follows, or, if no notice of assessment has been issued, the amount that would appear on that line had the notice of assessment been issued, adjusted as follows:

A. by subtracting from that amount, any payments from a registered disability savings plan received by the member in that taxation year, and any payment of a portable housing benefit received by the member in that taxation year, and

B. by adding to that amount, any payments from a registered disability savings plan repaid by the member in that taxation year, or

ii. the amount that best approximates the member’s net income for the 12-month period beginning on the first day of the month following the month in which the application is considered, calculated and adjusted by the service manager in the same manner as the amount referred to in subparagraph i based on the service manager’s projections of the member’s income and deductions for that period.

9. For the purposes of the calculation of the amount of the benefit on an annual review referred to in paragraph 1 of section 5 of this Schedule, the net income of a member of a household for the purposes of paragraph 6 of this subsection is the following:

i. the net income amount for the member indicated on line 236 of the latest notice of assessment issued under the Income Tax Act (Canada) for the member’s most recent taxation year that ended before the beginning of the month in which the review is to be conducted, adjusted as follows, or, if no notice of assessment has been issued, the amount that would appear on that line had the notice of assessment been issued, adjusted as follows:

A. by subtracting from that amount, any payments from a registered disability savings plan received by the member in that taxation year, and any payment of a portable housing benefit received by the member in that taxation year, and

B. by adding to that amount, any payments from a registered disability savings plan repaid by the member in that taxation year.

10. For the purposes of the calculation of the amount of the benefit on a review referred to in paragraph 4 or 5 of section 5 of this Schedule, the net income of a member of a household for the purposes of paragraph 6 of this subsection is the following:

i. the amount that best approximates the member’s net income for the 12-month period beginning on the first day of the month following the month in which the review is conducted, calculated and adjusted by the service manager in the same manner as the amount referred to in paragraph 9 based on the service manager’s projections of the member’s income and deductions for that period.

11. For the purposes of the initial calculation of the amount of the benefit payable in respect of a household or the calculation of that amount on an annual review referred to in paragraph 1 of section 5 of this Schedule, the service manager,

i. verifies the net income of a member of the household for the taxation year referred to in subparagraph 8 i or 9 i, as applicable,

A. if possible, by means of the latest notice of assessment issued to the member under the Income Tax Act (Canada) for that taxation year, or

B. if the notice of assessment is not available, by using the verification methods developed by the service manager to verify the net income of a member, and

ii. verifies any payments from a registered disability savings plan received or repaid by a member of the household in the taxation year referred to in subparagraph 8 i or 9 i, as applicable,

A. if possible, by means of the latest information available to the member from the Canada Revenue Agency in respect of that taxation year, or

B. if the information is not available, by using the verification methods developed by the service manager to verify any payments from a registered disability savings plan received or repaid by a member.

12. The use of bands of adjusted family net income is allowed for the purposes of facilitating the calculation of the benefit payable in respect of a household with an adjusted family net income that falls within the range of a band, if the bands of adjusted family net income meet the following conditions:

i. the bands are established so that they cover all levels of adjusted family net income and all sizes of rental units and do not overlap,

ii. subject to paragraph 13, the mid-point of each band is the adjusted family net income that results in a benefit equal to the amount determined by using the formula set out in paragraph 1, and

iii. subject to paragraph 13, the lowest point of the band is the adjusted family net income that results in a benefit that is not less than the amount determined by using the formula set out in paragraph 1, except that instead of multiplying the adjusted family net income by 0.30, the adjusted family net income is multiplied by 0.35.

13. For the purposes of the formula referred to in subparagraphs 12 ii and iii, the use of a percentage greater than 80 per cent is allowed if it is applied for the purposes of both subparagraphs.

14. If the method described in paragraph 12 is used, the amount of the benefit payable in respect of a household whose adjusted family net income falls within a band of adjusted family net income is the amount determined on the basis of the adjusted family net income that is at the mid-point of the band.

15. If the amount calculated in respect of a household as set out in paragraph 1 or 14 exceeds the applicable maximum amount described in subsection (2), the amount of the benefit payable in respect of the household is equal to that maximum amount.

16. If the amount calculated in respect of a household as set out in paragraph 1 or 14 is less than $25, the amount of the benefit payable in respect of the household is equal to zero.

(2) The maximum amount of the benefit payable in respect of a household that is referred to in paragraph 15 of subsection (1) is determined as follows:

1. The maximum amount is the amount calculated using the following formula:

80% AMR - $85

in which,

“AMR” is the average market rent for a rental unit of an appropriate size and type for the household in the service manager’s service area determined as described in paragraphs 3 and 4 of subsection (1).

2. Despite paragraph 1, if the member of the household who has been selected to receive the benefit on behalf of the household receives an amount payable for shelter under subsection of 42 (2) of Ontario Regulation 134/98 (General), made under that the Ontario Works Act, 1997, or if that member is a member of a benefit unit that receives an amount payable for shelter under that subsection, the maximum amount is the amount by which the actual cost of shelter, as determined under subsection 42 (1) of that regulation, exceeds the amount payable for shelter under subsection 42 (2) of that regulation.

3. Despite paragraph 1, if the member of the household who has been selected to receive the benefit on behalf of the household receives an amount payable for shelter under subsection of 31 (2) of Ontario Regulation 222/98 (General), made under the Ontario Disability Support Program Act, 1997, or if that member is a member of a benefit unit that receives an amount payable for shelter under that subsection, the maximum amount is the amount by which the actual cost of shelter, as determined under subsection 31 (1) of that regulation, exceeds the amount payable for shelter under subsection 31 (2) of that regulation.

(3) For the purposes of this section,

“registered disability savings plan” means a registered disability savings plan as defined in subsection 146.4 (1) of the Income Tax Act (Canada); (“régime enregistré d’épargne-invalidité”)

“rental unit” means any living accommodation used or intended for use as rented residential premises. (“logement locatif”)

Review of continued eligibility, par. 8 of s. 1

5. For the purposes of paragraph 8 of section 1 of this Schedule, the continued eligibility of a household for the benefit and the amount of the benefit payable in respect of a household are reviewed using a review process that meets the following conditions:

1. Subject to paragraph 2, the continued eligibility of a household for the benefit and the amount of the benefit payable in respect of the household are reviewed every 12 months, and subject to paragraphs 4 and 5, not more than once every 12 months.

2. The condition set out in paragraph 1 is not contravened if the first annual review of the continued eligibility of a household and the amount of the benefit payable in respect of the household is conducted during the period from July 1 to December 31 in the year that follows the year in which the household accepted the offer of the benefit.

3. The annual review referred to in paragraph 1 meets the following conditions:

i. the review is conducted during the period from July 1 to December 31 and is conducted without delay within the same month every year,

ii. the service manager assesses the continued eligibility of a household for the benefit using the criteria mentioned in section 3 of this Schedule,

iii. the service manager calculates the amount of the benefit payable in respect of the household as set out in section 4 of this Schedule,

iv. for the purposes set out in subparagraphs ii and iii, the service manager, at a minimum, determines,

A. the address of the household,

B. the size and composition of the household,

C. as set out in paragraphs 3 and 4 of subsection 4 (1) of this Schedule, the applicable average market rent for a rental unit of an appropriate size and type for the household, and

D. as set out in paragraph 9 of subsection 4 (1) of this Schedule, the net income of each member of the household whose net income is to be included in the calculation of the adjusted family net income of the household as set out in paragraph 6 of that subsection for the taxation year referred to in paragraph 9 of that subsection.

4. Subject to paragraph 5, a review conducted, at the discretion of the service manager, not more than once between annual reviews does not contravene the condition set out in paragraph 1 if,

i. it is conducted following a request for a reassessment made by the household and based on an expectation that if the adjusted family net income of the household is calculated as set out in paragraph 10 of subsection 4 (1) of this Schedule, the result will be one of the following:

A. the amount of the adjusted family net income of the household so calculated being not more than 80 per cent of the amount of the adjusted family net income of the household applicable before the request, or

B. the adjusted family net income band described in paragraph 12 of subsection 4 (1) of this Schedule applicable to the household being lower than the adjusted family net income band applicable before the request, or

ii. it is conducted as a result of the service manager becoming aware that,

A. the household is relocating outside the service manager’s service area,

B. there has been a permanent change in the composition of the household,

C. the household may have ceased to be eligible on any of the grounds set out in paragraph 4, 6 or 7 of subsection 3 (2) of this Schedule, or

D. the member receiving the benefit or a benefit unit to which that member belongs begins to receive or stops receiving basic financial assistance under the Ontario Works Act, 1997 or income support under the Ontario Disability Support Program Act, 1997.

5. One or more additional reviews conducted, at the discretion of the service manager, after a review referred to in paragraph 4 and before an annual review are allowed, if,

i. they are conducted in any of the circumstances described in subparagraph 4 i or ii, and

ii. the service manager is satisfied that there are extenuating circumstances.

6. A review referred to in paragraph 4 and any additional review referred to in paragraph 5 meet the following conditions:

i. the review is conducted without delay following the service manager’s decision to conduct the review,

ii. the service manager assesses the continued eligibility of a household for the benefit using the criteria mentioned in section 3 of this Schedule,

iii. the service manager calculates the amount of the benefit payable in respect of the household as set out in section 4 of this Schedule,

iv. for the purposes set out in subparagraphs ii and iii, the service manager, at a minimum, determines,

A. the address of the household,

B. the size and composition of the household,

C. as set out in paragraphs 3 and 4 of subsection 4 (1) of this Schedule, the applicable average market rent for a rental unit of an appropriate size and type for the household, and

D. as set out in paragraph 10 of subsection 4 (1) of this Schedule, the net income of each member of the household whose net income is to be included in the calculation of the adjusted family net income of the household as set out in paragraph 6 of that subsection for the 12-month period referred to in paragraph 10 of that subsection.

7. Subject to paragraph 8, the determination of the amount of the benefit payable in respect of a household that is made by a service manager on a review referred to in paragraph 1, 4 or 5 is effective,

i. on the first day of the month following the month in which the review is to be conducted, in the case of an annual review referred to in paragraph 1, or

ii. on the first day of the month following the completion of the review, in the case of a review referred to in paragraph 4 or 5.

8. The condition set out in paragraph 7 is not contravened if a decision referred to in that paragraph is reviewed by a review body described in paragraph 11 of section 1 of this Schedule and the decision of the review body specifies an effective date that is different from the date set out in paragraph 7.

Commencement

9. This Regulation comes into force on the later of September 1, 2017 and the day it is filed.

 

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