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Service managers continue to have discretion to consider accepting applications beyond 3 months of separation but the list of considerations has been expanded to include situations where the abused member is living in a shelter or in temporary housing with supports; or in other extenuating circumstances. Refer to subsection 24 (14) in O. Reg. 298/01 for the complete list of considerations.

Amendments in section 42 of O. Reg. 298/01 dealing with ranking among special priority applicants on the RGI (centralized) waiting lists require ranking using the date of application. The amendments remove the previous ranking system, which was based on level of risk of further abuse and whether the applicant is living with the abuser.

Parallel changes have been made to ranking provisions on the waiting lists for special needs housing (section 45 of O. Reg. 298/01) and internal transfers [subsection 11 (2), paragraphs 6 and 7, in O. Reg. 339/01].

The definition of abuse has been expanded to provide the context of domestic violence focusing the policy on abuse within an abusive relationship. The revised definition set out in subsection 4 (1) of O. Reg. 298/01 is as follows:

“Abuse” means:

(a) one or more incidents of,

(i) physical or sexual violence,
(ii) controlling behaviour, or,
(iii) intentional destruction or intentional injury to property, or

(b) words, actions, or gestures that threaten an individual or lead an individual to fear for his or her safety.

For the purpose of the definition of “abuse”, abuse is done by any of the following persons against an individual:

1. The individual’s spouse, parent, child or other relative.

2. A person who is sponsoring the individual as an immigrant.

3. A person on whom the individual is emotionally, physically or financially dependent.

The list of records/indicators of abuse has been expanded, e.g., threats to kill the abused member, use of a weapon, stalking or harassing behaviour, failure to provide or withholding the necessities of life. The records of abuse further define the nature of abuse and help form the basis of the verification of abuse. Refer to subsection 25 (4) in O. Reg. 298/01 for the complete list of records of abuse.

Amendments have been made in subsection 25 (3.1) of O. Reg. 298/01 to require written verification of abuse and remove the previous option for verbal verification. The service manager, supportive housing provider or lead agency can waive the written verification (and accept verbal verification) where they are satisfied that the member making the request will be at risk of further abuse by attempting to obtain the record in written form; or that a written record is not required due to extenuating circumstances.

A new provision is being added in subsection 24 (8) in O. Reg. 298/01 requiring applicants to provide proof of cohabitation with the abuser with the proviso of reasonableness and flexibility. Current provisions [subsection 24 (9)] ensure waiving of information and documents where the service manager, supportive housing provider or lead agency is satisfied that the abused member is unable to provide the information or a document; subsection 24 (10) requires the service manager, supportive housing provider or lead agency to waive the information or document where the abused member believes that he or she will be at risk of abuse by the abuser by attempting to obtain the information or document.

Where the abusing individual is sponsoring the abused member as an immigrant, the “living with” criteria does not apply.

Amendments in subsection 25 (5) in O. Reg. 298/01 expand the list of professionals and individuals who can verify the abuse to include:

• a community legal worker (and a definition for a community legal worker);
• a registered nurse or practical registered nurse;
• adding a definition for a member of the clergy; and,
• a new category and definition of a community services worker in order to capture workers employed in the community or social services sector and who while not accredited with a profession or registered with a certified body, are able to verify abuse.

The list of verifiers of abuse is also expanded to include other individuals not listed among the professionals or community services workers that know about the abuse. In these cases, the service manager, supportive housing provider or lead agency have the authority to follow-up with such individuals, specifically, to request a declaration of the truth of the record as administered by a commissioner for taking affidavits [refer to paragraph 9 of subsection 25 (5) and clause (b) of subsection 25 (3)].

Currently, once it has been determined that a household is eligible for the Special Priority Household Category on the waiting lists, this decision is not subject to ongoing review and the status must not be changed [refer to subsection 25 (7)]. Amendments in subsection 25 (8) of O. Reg. 298/01 allow the service manager, supportive housing provider or lead agency to remove special priority status while on the waiting lists for RGI assistance or special needs housing only in the following circumstances:

1. The member of the household who made the request for special priority status notifies the service manager, supportive housing provider or lead agency that he/she is adding the abuser to the household’s application;

2. The member of the household who made the request notifies the service manager, supportive housing provider or lead agency that the abuser is deceased;

3. If the household has accepted an offer of an RGI unit in one service area (and has been housed), the household may retain its application date on other service area waiting lists, but not its special priority status.

In all three cases, households can remain on the waiting lists and their place on the waiting lists is based on the chronological date of their application.

Responsibility for determining special priority eligibility for internal transfer requests (i.e., within existing housing project/portfolio) has been transferred to service managers. Responsibility previously rested with housing providers.

Refer to the following provisions for more details:

- Subsection 4 (1), Interpretation
- Subsection 23 (2), Time for making determinations
- Section 23.1, Application and interpretation of sections 24 and 25
- Subsection 24 (1), Request to be special priority household
- Subsection 55 (7), Opportunity to comment
- Subsection 56 (5), Notice of decisions

- Subsection 11 (2), Internal transfers
- Sections 11.1 and 11.2 are revoked

Amendments in subsections 58 (3) and (4) extend the current 5 day time period for conducting internal reviews (appeals) of decisions related to requests for inclusion in the Special Priority Household Category to 10 days (with no further extensions) whether the request is for inclusion on the waiting list for RGI assistance, special needs housing, or internal transfers. The changes reaffirm that the notice of the internal review decision is to be completed within 5 days after a completed review (with no further extensions).

The amendments also ensure that written notice of the result of the internal review shall be given to the member who made the request but not to all household members. In the case of a review of a request for special priority status on the waiting list for internal transfers, the housing provider shall receive written notice from the service manager of the internal review decision but not the reasons for the decision.

The Guide to Rent Geared-to-Income Assistance will be revised as needed to address the changes, and copies highlighting the changes will be sent to service managers in the near future.

Should you have any questions or require further information, please contact:

Sarah McQuarrie, Manager of Social Housing, by telephone 416-585-6160 or email sarah.mcquarrie@ontario.ca ; or,

Mary Fantauzzi, Sr. Policy Advisor, by telephone 416-585-6838 or email mary.fantauzzi@ontario.ca .

Sincerely,
Karen Maxwell, Director
Housing Policy Branch
                                                                                                  July 18, 2007