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ontario regulation 437/17

made under the

Housing Services Act, 2011

Made: November 22, 2017
Filed: November 24, 2017
Published on e-Laws: November 24, 2017
Printed in The Ontario Gazette: December 9, 2017

Amending O. Reg. 367/11

(GENERAL)

1. (1) The definition of “abuse” in subsection 1 (1) of Ontario Regulation 367/11 is revoked and the following substituted:

“abuse” means, with respect to a member of a household,

(a) any of the following done against the member by any individual described in subsection (2),

(i) one or more incidents of,

(A) physical or sexual violence,

(B) controlling behaviour, or

(C) intentional destruction of or intentional injury to property, or

(ii) words, actions or gestures that threaten the member or lead the member to fear for his or her safety; or

(b) trafficking of the member done by any individual; (“mauvais traitements”)

(2) Subsection 1 (1) of the Regulation is amended by adding the following definition:

“trafficking” means, with respect to a member of a household, one or more incidents of recruitment, transportation, transfer, harbouring or receipt of the member by improper means, including force, abduction, fraud, coercion, deception and repeated provision of a controlled substance, for an illegal purpose, including sexual exploitation or forced labour. (“traite”)

(3) Subsections 1 (2), (3) and (4) of the Regulation are revoked and the following substituted:

(2) With respect to a member of a household, the individuals referred to in clause (a) of the definition of “abuse” in subsection (1) are the following:

1. An individual who is related to the member or any other member of the household.

2. An individual who is or has been in an intimate partner relationship with the member or any other member of the household.

3. An individual on whom the member or any other member of the household is emotionally, physically or financially dependent.

4. An individual who is emotionally, physically or financially dependent on the member or any other member of the household.

5. An individual sponsoring the member or any other member of the household as an immigrant.

2. Subsection 32 (4) of the Regulation is revoked and the following substituted:

(4) The service manager shall extend the time for the divestment and verification of the divestment for such period of time as the service manager considers appropriate, if the following requirements are met:

1. The household was included in the special priority household category following a request for inclusion relating to the abuse, other than trafficking, of a member of the household.

2. The household was included in the special priority household category at the time the household began to receive rent-geared-to-income assistance.

3. The interest in the property is held jointly by a member of the household and the abusing individual.

4. The member notifies the service manager that he or she believes that the divestment or the taking of steps to effect the divestment would place the member or any other member of the household at risk of abuse. 

(4.1) The service manager shall extend the time for the divestment and verification of the divestment for such period of time as the service manager considers appropriate, if the following requirements are met:

1. The household was included in the special priority household category following a request for inclusion relating to the trafficking of a member of the household.

2. The household was included in the special priority household category at the time the household began to receive rent-geared-to-income assistance.

3. The interest in the property is held jointly by a member of the household and an individual engaged in the trafficking of the member.

4. The member notifies the service manager that he or she believes that the divestment or the taking of steps to effect the divestment would place the member or any other member of the household at risk of abuse. 

3. Paragraph 3 of section 43 of the Regulation is revoked and the following substituted:

3. The service manager shall not require information or documents with respect to an application that includes a request for inclusion in the special priority household category that relates to the abuse, other than trafficking, of a member of the household, if the member of the household making the request believes that he or she or any other member of the household will be at risk of abuse if he or she attempts to obtain the information or documents. 

4. The service manager shall not require information or documents with respect to an application that includes a request for inclusion in the special priority household category that relates to the trafficking of a member of the household, if the member of the household making the request believes that he or she or any other member of the household will be at risk of abuse if he or she attempts to obtain the information or documents. 

4. Section 44 of the Regulation is amended by adding the following paragraph:

2.1 If, after making reasonable efforts to contact the member referred to in paragraph 2, the service manager is unable to contact the member and the member has authorized the service manager to contact an identified individual under subsection 56.1 (1), the service manager,

i. shall make reasonable efforts to contact the individual,

ii. shall request only that the individual advise the member to contact the service manager, and

iii. shall not provide to the individual any other information regarding the circumstances.  

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

9. The service manager shall remove a household from the list for up to one year if,

i. the household was included in the special priority household category following a request for inclusion relating to the abuse, other than trafficking, of a member of the household,

ii. the household requests to be temporarily removed from the list,

iii. the member who made the request advises the service manager that the abused member is or will be living with the abusing individual, and

iv. the service manager has not previously removed the household under this paragraph.

10. The service manager shall reinstate a household temporarily removed from the list under paragraph 9 on the earlier of,

i. the date on which the household makes the request to be reinstated, or

ii. one year after the household was removed from the list under paragraph 9.

6. Paragraph 2 of subsection 52 (1) of the Regulation is revoked and the following substituted:

2. The priority of households that have been determined to be eligible for inclusion in the special priority household category is determined by the date the household made a written request under section 56 to be included in the category, whether or not the request met all the requirements of that section at the time it was made, with a household with an earlier date having priority over a household with a later date.

7. Section 53 of the Regulation is amended by striking out “sections 54 to 58” and substituting “sections 54 to 58.1”.

8. (1) Section 54 of the Regulation is amended by adding the following subsection:

(0.1) This section applies only with respect to abuse, other than trafficking, of a member of a household.  

(2) Paragraphs 1 to 3 of subsection 54 (2) of the Regulation are revoked and the following substituted:

1. A written request to be included in the special priority household category was made within three months after the abused member and the abusing individual ceased to live together, regardless of whether or not the request met all the requirements of section 56 at the time it was made.

2. The service manager is satisfied that the abuse is ongoing at the time a written request to be included in the special priority household category was made, regardless of whether or not the request met all the requirements of section 56 at the time it was made.

3. The service manager determines that it is appropriate to include the household in the special priority household category despite a written request to be included not being made within the time limit set out in paragraph 1.

(3)  The English version of clause 54 (3) (a) of the Regulation is amended by striking out “request to be included” and substituting “request that the household be included”. 

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

Special priority household category — eligibility based on trafficking

54.1 (1) A household is eligible to be included in the special priority household category if a member of the household is being or has been trafficked.

(2) If the trafficked member is no longer being trafficked, the household is not eligible to be included in the special priority household category unless one of the following requirements is satisfied:

1. A written request to be included in the special priority household category was made within three months after the trafficking stopped, regardless of whether or not the request met all the requirements of section 56 at the time it was made.

2. The service manager determines that it is appropriate to include the household in the special priority household category despite a written request to be included not being made within the time limit set out in paragraph 1.

(3) In making a determination under paragraph 2 of subsection (2), a service manager shall consider whether,

(a) any member of the household knew that he or she could request that the household be included in the special priority household category;

(b) any member of the household knew of the need to submit a request within the time limit set out in paragraph 1 of subsection (2);

(c) the trafficked member is at risk from an individual engaged in trafficking, including risk due to financial hardship which could be alleviated by the provision of rent-geared-to-income assistance;

(d) the trafficked member is in need of rent-geared-to-income assistance to alleviate financial hardship arising from legal proceedings in relation to the trafficking;

(e) the trafficked member is attempting to use the provision of rent-geared-to-income assistance as part of an overall program of recovery and re-establishment of a safe and normal life;

(f) the trafficked member is,

(i) living in an emergency shelter, or

(ii) living in temporary housing and receiving treatment or counselling; or

(g) there are any other extenuating circumstances.

10. Clause 55 (2) (a) of the Regulation is revoked and the following substituted:

(a) the request for inclusion in the special priority household category relates to the abuse, other than trafficking, of a member of the household and the member who made the request notifies the service manager,

(i) that he or she wants the abusing individual to be part of the member’s household for the purposes of the member’s application for rent-geared-to-income assistance, or

(ii) that the abusing individual is deceased;

(a.1) the request for inclusion in the special priority household category relates to the trafficking of a member of the household and the member who made the request notifies the service manager,

(i) that he or she wants an individual who is or was engaged in the trafficking to be part of the member’s household for the purposes of the member’s application for rent-geared-to-income assistance, or

(ii) where only one individual is or was engaged in the trafficking, that the individual is deceased; or

11. Paragraph 3 of section 56 of the Regulation is revoked and the following substituted:

3. If the request relates to the abuse, other than trafficking, of a member of the household, the request must include a written consent from the abused member or a person authorized to consent on the abused member’s behalf, consenting to the disclosure to the service manager of information and documents required by the service manager to verify the requirement under clause 54 (1) (a).

4. If the request relates to the trafficking of a member of the household, the request must include a written consent from the trafficked member or a person authorized to consent on the trafficked member’s behalf, consenting to the disclosure to the service manager of information and documents required by the service manager to verify the requirement under subsection 54.1 (1) and, if applicable, to verify the requirements under paragraph 1 of subsection 54.1 (2).

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

Special priority household category — authorization to contact identified individual

56.1 (1) If the application includes a request for inclusion in the special priority household category, the service manager shall ask the member of the household who made the application for,

(a) the authorization to contact, for the sole purpose mentioned in subsection (2), an individual identified by the member, in circumstances where the service manager is unable to contact the member; and

(b) if the member so authorizes the service manager, the contact information of the individual.

(2) The sole purpose referred to in clause (1) (a) is to request that the individual advise the member to contact the service manager.

13. Paragraphs 2 and 3 of section 57 of the Regulation are revoked and the following substituted:

2. In the case of a request for inclusion in the special priority household category that relates to the abuse, other than trafficking, of a member of the household, the service manager,

i. shall not require a member of the household to provide information or documents if the member believes that he or she or any other member of the household will be at risk of abuse if he or she attempts to obtain the information or documents, and

ii. shall not require information as to whether the member making the request for inclusion or the abused member has commenced legal proceedings against the abusing individual and shall not require information or documents relating to such proceedings. 

3. In the case of a request for inclusion in the special priority household category that relates to the trafficking of a member of the household, the service manager,

i. shall not require a member of the household to provide information or documents if the member believes that he or she or any other member of the household will be at risk of abuse if he or she attempts to obtain the information or documents, and

ii. shall not require information as to whether the member making the request for inclusion or the trafficked member has commenced legal proceedings against an individual engaged in trafficking and shall not require information or documents relating to such proceedings. 

14. (1) Subsections 58 (1) and (2) of the Regulation are revoked and the following substituted:

Special priority household category — verifying there has been abuse other than trafficking

(1) This section applies only with respect to abuse, other than trafficking, of a member of a household. 

(2) A record that complies with the requirements of this section shall be conclusive proof that the requirement in clause 54 (1) (a), that a member of the household has been abused by an individual described in subsection 1 (2), is satisfied and that requirement may not be verified by any other method.

(2.1) The record must include the following information:

1. The name of the abused member.

2. A statement by the person preparing the record that he or she has reasonable grounds to believe that the member is being or has been abused by an individual described in subsection 1 (2).

3. A description of the circumstances that indicate that the member is being or has been abused.

4. Information about the person who prepared the record, including his or her name, occupation and any professional designations.

5. The date the record was prepared.

(2) Subsection 58 (4) of the Regulation is amended by striking out “or” at the end of clause (a) and by adding the following clause:

(a.1) prepared, in his or her professional capacity, by a person employed by an agency or organization that provides social support services in the community and must be signed by the person who prepared the record and by a person who has the authority to bind the agency or organization; or

(3) Paragraphs 6 to 9 of subsection 58 (5) of the Regulation are revoked and the following substituted:

6. A registered early childhood educator.

7. A teacher.

8. A guidance counsellor.

9. An individual in a managerial or administrative position with a housing provider.

10. An Indigenous Elder, Indigenous Traditional Person or Indigenous Knowledge Keeper.

11. A member of the College of Midwives of Ontario.

12. An aboriginal person who provides traditional midwifery services.

13. A registered social worker.

14. A registered social service worker.

15. A psychotherapist, registered psychotherapist or registered mental health therapist.

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

Special priority household category — verifying there has been trafficking

58.1 (1) This section applies only with respect to abuse that consists of trafficking.

(2) A record that complies with the requirements of this section shall be conclusive proof that the requirement in subsection 54.1 (1), that a member of the household is being or has been trafficked, is satisfied and that requirement may not be verified by any other method.

(3) The record must include the following information:

1. The name of the trafficked member.

2. A statement by the person preparing the record that he or she has reasonable grounds to believe that the member is being or has been trafficked.

3. A description of the circumstances that indicate that the member is being or has been trafficked.

4. Information about the person who prepared the record, including his or her name, occupation and any professional designations.

5. The date the record was prepared.

(4) The record must be in writing unless the service manager is satisfied that,

(a) a member of the household will be at risk from an individual engaged in trafficking if any member of the household attempts to obtain the record in writing;

(b) the person preparing the record will be at risk from an individual engaged in trafficking if the person produces the record in writing; or

(c) a written record should not be required because of extenuating circumstances.

(5) The record must be,

(a) prepared, in his or her professional capacity, by a person described in subsection (6);

(b) prepared, in his or her professional capacity, by a person employed by an agency or organization that provides social support services in the community and must be signed by the person who prepared the record and by a person who has the authority to bind the agency or organization; or

(c) prepared by a person who is familiar with the trafficking if the record is accompanied, if required by the service manager, by a declaration of the truth of the record administered by a commissioner for taking affidavits.

(6) The persons referred to in clause (5) (a) are the following:

1. A doctor.

2. A registered nurse or a registered practical nurse.

3. A lawyer.

4.   A law enforcement officer.

5. A minister of religion authorized under provincial law to perform marriages.

6. A registered early childhood educator.

7. A teacher.

8. A guidance counsellor.

9. An individual in a managerial or administrative position with a housing provider.

10. An Indigenous Elder, Indigenous Traditional Person or Indigenous Knowledge Keeper.

11. A member of the College of Midwives of Ontario.

12. An aboriginal person who provides traditional midwifery services.

13. A registered social worker.

14. A registered social service worker.

15. A psychotherapist, registered psychotherapist or registered mental health therapist.

16. Subsection 59 (2) of the Regulation is revoked.

17. Paragraph 3 of section 60 of the Regulation is revoked and the following substituted:

3. The service manager shall not require information or documents with respect to a household that was in the special priority household category when the household began to receive rent-geared-to-income assistance if,

i. the request for inclusion in the special priority household category related to the abuse, other than trafficking, of a member of the household, and

ii. a member of the household believes that he or she or any other member of the household will be at risk of abuse if he or she attempts to obtain the information or documents. 

4. The service manager shall not require information or documents with respect to a household that was in the special priority household category when the household began to receive rent-geared-to-income assistance if,

i. the request for inclusion in the special priority household category related to the trafficking of a member of the household, and

ii. a member of the household believes that he or she or any other member of the household will be at risk of abuse if he or she attempts to obtain the information or documents. 

18. Section 61 of the Regulation is amended by adding the following subsection:

(5) If, after making reasonable efforts to contact the member referred to in subsection (4), the service manager is unable to contact the member and the member has authorized the service manager to contact an identified individual under subsection 56.1 (1), the service manager,

(a) shall make reasonable efforts to contact the individual;

(b) shall request only that the individual advise the member to contact the service manager; and

(c) shall not provide to the individual any other information regarding the circumstances.

19. Paragraph 2 of section 72 of the Regulation is revoked and the following substituted:

2. The administrator shall not require information or documents with respect to an application that includes a request for inclusion in the special priority household category that relates to the abuse, other than trafficking, of a member of the household, if the member of the household making the request believes that he or she or any other member of the household will be at risk of abuse if he or she attempts to obtain the information or documents. 

3. The administrator shall not require information or documents with respect to an application that includes a request for inclusion in the special priority household category that relates to the trafficking of a member of the household, if the member of the household making the request believes that he or she or any other member of the household will be at risk of abuse if he or she attempts to obtain the information or documents. 

20. Section 73 of the Regulation is amended by adding the following paragraph:

2.1 If, after making reasonable efforts to contact the member referred to in paragraph 2, the special needs housing administrator is unable to contact the member and the member has authorized the administrator to contact an identified individual under subsection 56.1 (1), the administrator,

i. shall make reasonable efforts to contact the individual,

ii. shall request only that the individual advise the member to contact the administrator, and

iii. shall not provide to the individual any other information regarding the circumstances. 

21. (1) Subsection 79 (1) of the Regulation is amended by striking out “sections 54 to 58” and substituting “sections 54 to 58.1”.

(2) Subsection 79 (2) of the Regulation is amended by striking out “sections 54 to 58” in the portion before paragraph 1 and substituting “sections 54 to 58.1”.

22. Subsection 80 (2) of the Regulation is revoked.

23. Paragraph 3 of section 81 of the Regulation is revoked and the following substituted:

3. The administrator shall not require information or documents with respect to a household that was in the special priority household category when the household began to occupy special needs housing if,

i. the request for inclusion in the special priority household category related to the abuse, other than trafficking, of a member of the household, and

ii. a member of the household believes that he or she or any other member of the household will be at risk of abuse if he or she attempts to obtain the information or documents. 

4. The administrator shall not require information or documents with respect to a household that was in the special priority household category when the household began to occupy special needs housing if,

i. the request for inclusion in the special priority household category related to the trafficking of a member of the household, and

ii. a member of the household believes that he or she or any other member of the household will be at risk of abuse if he or she attempts to obtain the information or documents. 

24. Section 82 of the Regulation is amended by adding the following subsection:

(5) If, after making reasonable efforts to contact the member referred to in subsection (4), the special needs housing administrator is unable to contact the member and the member has  authorized the administrator to contact an identified individual under subsection 56.1 (1), the administrator,

(a) shall make reasonable efforts to contact the individual;

(b) shall request only that the individual advise the member to contact the administrator; and

(c) shall not provide to the individual any other information regarding the circumstances. 

25. Part VI of the Regulation is amended by adding the following heading and sections:

Transition

Transition, Part VI

85.1 (1) Subject to subsection (2), a service manager or a special needs housing administrator may choose any date that is no later than April 1, 2018 as the changeover date on and after which it will be governed by this Part, as it reads on or after the changeover date.

(2) A service manager or administrator who has not chosen a changeover date under subsection (1) by March 31, 2018 is deemed to have chosen April 1, 2018 as the changeover date.

(3) With respect to requests for inclusion in the special priority household category made before the changeover date, but not finally determined by that date, the service manager or administrator shall decide,

(a) the extent to which and how this Part, as it reads immediately before the day Ontario Regulation 437/17 comes into force, applies to those requests; and

(b) the extent to which and how this Part, as it reads on or after the changeover date, applies to those requests.

Same, information made available to public

85.2 (1) For the purposes of paragraph 8 of subsection 54 (1) of the Act, the following information is prescribed as information the service manager shall make available to the public:

1. The changeover date.

2. The decisions referred to in clauses 85.1 (3) (a) and (b).

(2) For the purposes of paragraph 6 of subsection 67 (1) of the Act, the following information is prescribed as information the special needs housing administrator shall make available to the public:

1. The changeover date.

2. The decisions referred to in clauses 85.1 (3) (a) and (b).

(3) The provisions of this Regulation related to making information available to the public do not apply with respect to information made available to the public under this section.

26. Paragraph 2 of subsection 146 (10) of the Regulation is amended by striking out “by an individual who is or was living with the member or who is sponsoring the member as an immigrant” at the end.

27. Sub-subparagraph 9 iii B of section 1 of Schedule 4.1 to the Regulation is amended by striking out “at risk of being abused by the abusing individual” and substituting “at risk of abuse”.

Commencement

28. This Regulation comes into force on the later of January 1, 2018 and the day it is filed.

 

 

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