Special priority household category — verifying there has been abuse other than trafficking
58. (1) This section applies only with respect to abuse, other than trafficking, of a member of a household. O. Reg. 437/17, s. 14 (1).
(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. O. Reg. 437/17, s. 14 (1).
(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. O. Reg. 437/17, s. 14 (1).
(3) The record must be in writing unless the service manager is satisfied that,
(a) a member of the household will be at risk of being abused by the abusing individual if any member of the household attempts to obtain the record in writing;
(b) the person preparing the record will be at risk of being abused by the abusing individual if the person produces the record in writing; or
(c) a written record should not be required because of extenuating circumstances. O. Reg. 367/11, s. 58 (3).
(4) The record must be,
(a) prepared, in his or her professional capacity, by a person described in subsection (5);
(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
(b) prepared by a person who is familiar with the abuse 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. O. Reg. 367/11, s. 58 (4); O. Reg. 437/17, s. 14 (2).
(5) The persons referred to in clause (4) (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. O. Reg. 367/11, s. 58 (5); O. Reg. 437/17, s. 14 (3).
Note applications for Priority Status need to be made within 3 months from the time the abuse occurs or from the time the abused ends living with the abuser.
In making a determination under paragraph 3 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 abused member is at risk of further abuse from the abusing individual;
(d) the abused member is at risk of resuming living with the abusing individual due to financial hardship which could be alleviated by the provision of rent-geared-to-income assistance;
(e) the abused member is in need of rent-geared-to-income assistance to alleviate financial hardship arising from legal proceedings in relation to the previous abuse;
(f) the abused 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;
(g) the abused member is,
(i) living in an emergency shelter, or
(ii) living in temporary housing and receiving treatment or counselling; or
(h) there are any other extenuating circumstances. O. Reg. 367/11, s. 54 (3); O. Reg. 437/17, s. 8 (3).