Escaping Domestic Violence Act, 2011 Naqvi, Yasir — Bill 22 (40th Parliament, 1st Session)

Bill 22, 40-1

Ontario — Bills

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Bill 22, Escaping Domestic Violence Act, 2011

Naqvi, Yasir

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Acts affected

Original

[40] Bill 22 Original (PDF)

Bill 22 2011

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.

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.

Date Bill stage Activity Committee

December 6, 2011

First Reading

Carried

Debates and Progress

First Reading

December 6, 2011

Committee

Second Reading

Committee

Third Reading

Royal Assent

Acts affected - Bill 22

Most Ontario public acts are available electronically; to view copies of the Acts to be amended by this bill visit e-laws

Residential Tenancies Act, 2006

Legislative Assembly of Ontario

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Document details

Collection	Ontario — Bills
Citation	Bill 22, 40-1
Type	bill
Volume / chapter	p40 s1 bill 22 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	185faa81451881437a9286ee8455219b8cabb186

Source file is stored in the law ingest library (html).