40:1 Bill 22, Escaping Domestic Violence Act, 2011

Naqvi, Yasir

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Bill 22                                                          2011

An Act to amend the Residential Tenancies Act, 2006 with respect to domestic violence

Note: This Act amends the Residential Tenancies Act, 2006.  For the legislative history of the Act, see the Table of Consolidated Public Statutes – Detailed Legislative History at www.e-Laws.gov.on.ca.

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

   1.  The Residential Tenancies Act, 2006 is amended by adding the following section:

Tenant’s notice to terminate, victim of domestic violence

   47.1  (1)  Despite section 47, a tenant who is a victim of domestic violence or whose dependent child is a victim of domestic violence, within the meaning of subsection (6), may terminate a monthly or yearly tenancy or a tenancy for a fixed term earlier than the time periods set out in subsections 44 (2) to (4) by giving notice in accordance with this section.

Period of notice

   (2)  A notice under subsection (1) to terminate a monthly or yearly tenancy or a tenancy for a fixed term shall be given at least 28 days before the date the termination is specified to be effective and that date shall be on the last day of the month following the month on which the notice was given.

Payment of rent

   (3)  For greater certainty,

  (a)  a tenant who has given a notice in accordance with this section is responsible for the payment of rent during the notice period mentioned in subsection (2); and

  (b)  if the tenant paid a rent deposit to the landlord under section 106, the amount of the rent deposit may be applied in payment of the rent for the last rent period before the tenancy terminates.

Contents of notice

   (4)  A notice under subsection (1) shall contain the information required under subsection 43 (1) and shall be accompanied by at least one of the following documents:

    1.  A copy of an order described in clause (6) (a) or (b).

    2.  A letter from a police force stating that a police investigation of domestic violence is taking place with regard to the allegation that one or more of the acts or omissions set out in clause (6) (c) have been committed by a person mentioned in subsection (7) against the tenant or a dependent child of the tenant.

Same

   (5)  A document referred to in subsection (4) shall be dated within 30 days before the date the notice is given.

Interpretation

   (6)  For the purposes of this section, a tenant or a dependent child of the tenant is a victim of domestic violence if,

  (a)  an order has been made under subsection 810 (3) of the Criminal Code (Canada) as a result of an act or omission alleged to have been committed by a person mentioned in subsection (7) against the tenant or the child that includes conditions under subsection 810 (3.1) of that Act in the interests of the safety of the tenant or the child;

  (b)  an order has been made under section 46 of the Family Law Act as a result of an act or omission alleged to have been committed by a person mentioned in subsection (7) against the tenant or the child; or

   (c)  one or more of the following acts or omissions are alleged to have been committed by a person mentioned in subsection (7) against the tenant or the child:

           (i)  an assault that consists of the intentional application of force that causes the tenant or the child to fear for his or her or the child’s safety, but does not include any act committed in self-defence,

          (ii)  an intentional or reckless act or omission that causes bodily harm to the tenant or the child, or damage to property,

         (iii)  an act or omission or threatened act or omission that causes the tenant or the child to fear for his or her or the child’s safety,

         (iv)  forced physical confinement of the tenant or the child, without lawful authority,

          (v)  sexual assault, sexual exploitation or sexual molestation, or the threat of sexual assault, sexual exploitation or sexual molestation of the tenant or the child, or

         (vi)  a series of acts which collectively causes the tenant or the child to fear for his or her or the child’s safety, including following, contacting, communicating with, observing or recording the tenant or the child.

Same

   (7)  For the purposes of subsection (6), the person who is alleged to have committed the act or omission must be,

  (a)  a spouse or former spouse, within the meaning of Part III of the Family Law Act, of the tenant;

  (b)  a person who is living in a conjugal relationship with the tenant, whether within or outside marriage, or who has lived with the tenant in a conjugal relationship for any period of time, whether or not they are cohabiting at the time notice is given under subsection (1);

   (c)  a person who is or was in a dating relationship with the tenant; or

  (d)  a relative of the tenant or a relative of a dependent child of the tenant.

Confidentiality of information in notice

   (8)  If a notice is given under this section, the landlord shall ensure that all information included in the notice is kept confidential.

   2.  Section 233 of the Act is amended by adding the following clause:

(d.1) provides false or misleading information for the purposes of giving notice under section 47.1;

Commencement

   3.  This Act comes into force on the day it receives Royal Assent.

Short title

   4.  The short title of this Act is the Escaping Domestic Violence Act, 2011.

 

EXPLANATORY NOTE

The Bill amends the Residential Tenancies Act, 2006 to shorten the period of notice required to terminate a tenancy in cases where the tenant or a dependent child of the tenant is a victim of domestic violence.

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