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legislation and stop winter disconnections. The Province of Ontario and
Hydro One have taken some
steps toward addressing the
high energy costs that are one
of the reasons why people fall
behind in their electricity bills
in the first place.
You have probably heard people say that a landlord can’t evict a tenant in the winter. This rumour, of course, is not true. In February 2017 the Ontario government has passed legislation to stop electricity from being disconnected during the winter months for people behind in their electricity bills. According to Global News, approximately 60,000 disconnections happen every year in Ontario. The Ontario
Energy Board will be responsible for making sure that energy companies comply with this
On April 20, the Government of Ontario announced changes affecting residential tenancies as part of Ontario’s Fair Housing Plan – of significance were changes relating to rent control. The government will introduce legislation that would, if passed, enact these changes as effective April 20. The changes are as follows:
Rent control expands to all residential units, including those built after 1991.
Annual rent increases for existing tenants can be no higher than the rate of inflation. Rent increases will be capped at 2.5 per cent, even if the rate of inflation is higher. However, landlords would still be able to apply for above guideline increases when allowed.
The government also announced several other proposed
legislative changes.
A standard residential lease will be developed with explanatory information in multiple languages.
A change in provisions to landlord’s own use evictions, which the government states will provide safeguards and adequate compensation for tenants in the event of these eviction applications.
Barring above-guideline rent increases where elevator work orders have not been completed.
Making changes at the Landlord & Tenant Board that the government says will make the process fairer and easier for renters.
While the expansion of rent control to all units in Ontario is a welcome move forward for tenants, the devil is in the details with respect to how some of the
other changes will flush out. For example, what does the government believe is “adequate compensation” in the context of landlord’s own use evictions? While the proposed standard residential lease could provide some consistency for tenants in understanding the nature of tenancy agreements, we will have to wait and see how the specific contents of the lease could affect tenants in the future. It is also a waiting game to see the specifics of the proposed changes that will be made at the Landlord & Tenant Board. The Northwest Community Legal Clinic will be following these developments closely and we will provide you with updates as we receive further information.
No More Electricity Disconnections in Winter
I N S I D E T H I S
I S S U E :
Child Support
No Longer
Deducted
2
Staff Supports
Day of Pink
2
More Changes to
Energy
3
Pawnshops in
Ontario
3
Increases to
Minimum Wage
4
Ontario’s Fair Housing Plan
S U P P O R T I N G I N D I V I D U A L S
A N D O U R C O M M U N I T Y B Y
P R O V I D I N G Q U A L I T Y L E G A L
S E R V I C E S . Northwest Community Legal Clinic M A Y 2 0 1 7
Kevin Warkentin, Staff Lawyer, Kenora
Sallie Hunt, Staff Lawyer, Kenora
P A G E 2
Our Pamphlet Stands
All three offices of the
Northwest Community
Legal Clinic carry a
large supply of
pamphlets relating to
areas of law within the
Clinic Mandate. We
invite you to call or stop
into your local office to
view the selection.
Child Support No Longer Deducted
Child support will longer to be deducted as “income” from a parent who is also receiving benefits from Ontario Disability (ODSP) (as of January 1, 2017) or Ontario Works (OW) (as of February 1, 2017). This will include disabled adult children still living with a parent who receives child support for that child. Prior to this, anyone on ODSP/OW benefits receiving child support would have his/her income reduced by the amount of child support, i.e., 100% deduction. While the rules have changed regarding child support, the 100% deduction rule still applies for anyone on ODSP/OW benefits receiving spousal support. While child support has now become exempt as income, a parent must still report the child support to the ODSP/OW office. The change to removing child support as “income” will effect certain other rules that will no longer apply. After January/February 2017, a parent on ODSP/OW benefits will no longer have to pursue
the other parent for child support. It will be up to that parent to decide whether it is worth seeking child support from the other parent. When a couple separates, a separating parent should always contact a private lawyer or Legal Aid Ontario to get advice about child support and other issues relating to the separation. Child support need not be ordered by a Court or part of a Separation Agreement. Both ODSP and OW will recognize payments by one parent made to the other parent for a child as child support, and, thus, exempt. If a parent is owed child support arrears prior to January/February 2017, those arrears, when received, will still be considered “income,” and will either be deducted from ODSP/OW benefits, or will create an Overpayment that the recipient will have to re-pay to the ODSP/OW office. If child support arrears occur after January/February 2017, then any repayment of those arrears will not be considered “income,” and there will be no
deduction of ones benefits nor a requirement to repay. Often child support is collected by the Family Responsibility Office (FRO). Many parents signed a document called an “Assignment,” which authorized the FRO to pay the child support directly to the ODSP/OW office. All assignments for child support will be cancelled and FRO will pay the child support directly to the parent entitled to receive the support. These changes are part of the
Ontario government’s
recognition of the importance of
providing children with basic
needs in order to help reduce
poverty and the hardships that it
brings.
Another successful year of Day
of Pink has come and gone.
April 12, 2017 Staff at the Legal
Clinic in Fort Frances, Atikokan
and Kenora wore pink to
celebrate the international day
Staff Supports Day of Pink
W W W . N O R T H W E S T C O M M U N I T Y L E G A L C L I N I C . C A
Sallie Hunt, Staff Lawyer, Kenora
Erinne Wreggitt, Project Assistant, Fort Frances
Pictures L to R
Erinne Wreggitt, Laurie Nuttall,
Tammy Noble and Trudy
McCormick (Fort Frances)
Rebekka DeCorte, Yvonne
Treffers (Atikokan)
against bullying, discrimination,
homophobia and transphobia.
More Changes to Energy Contracts
P A G E 3 M A Y 2 0 1 7
In Ontario, energy consumers can choose their own energy supplier. They can choose to purchase energy – natural gas or electricity from the utility providing this energy, or they can sign an Energy Contract with an energy retailer who is not the utility company. This has led to energy sales people going door-to-door trying to sell their energy contracts, as well as selling on-line. While certain door-to-door energy contract sales people may offer savings for some people, for many people they are confusing and can end up costing consumers more than they expected. I have had clients sign more than one energy contract without realizing it. And I had one client who had signed three or four energy contracts – all running at the same time and all charging for their service. Part of the problem is the complicated language in the
contracts, as well as the lack of transparency clearly showing what someone is agreeing to and what that person is paying for. Often
consumers do not realize that when they sign an Energy Contract, they still have to pay utility costs, and there may be additional delivery costs
and taxes. In 2010, the Energy Consumer Protection Act, 2010 (ECPA) started to help protect consumers from hidden costs, excessive cancellations fees and other unfair industry practices. In January 2017, the Ontario Energy Board announced new rules to further help consumers. Some of these rules are:
Energy sales people cannot have a consumer sign an energy contract while the sales person is in their home.
Consumers will have more
time to cancel an energy contract that they signed without penalty. Consumers will have up to 30 days after they receive their second bill under the new energy contract.
All energy contracts, even those on-line, have to be verified 10-45 days later by the consumer who must confirm a wish to continue with the contract.
Energy contracts will no longer renew themselves automatically.
Most residential consumers should see a reduction in fees.
Consumers can learn about various programs at www.OntarioEnergyBoard.ca/BillHelp or they can call the Ontario Energy Board at 1-877-632-2727 or visit its website at www.ontarioenergyboard.ca for more information.
which lists the date an item is pawned, the full name, address and physical description of the person delivering the article for pawn, a description of the items pawned and the sum lent on such item(s). A pawnbroker is also required by law to provide you with a pawn ticket containing the following information: (a) the pawnbroker’s name and business address; (b) the name of the pawner; (c) the day, month and year in which an item is pawned;
(d) the number of the entry of the pledge (item being pawned) in the pawnbroker’s book; (e) a description of the pledge; (f) the money lent on the pledge; (g) the rate of interest charged for the money lent; (h) the charge for the pawnticket; and (i) the charge for storage, if any.
A pawnhop’s business is making collateral loans. Pawnshops offer loans, secured by something of value. Every pawn shop operating in the Province of Ontario must be licenced by the municipality in which the business is carried on. A pawnbroker is required by law to visibly display your rights to redeem your property and the rate of interest authorized by law to be charged for money lent. He/she is also required by law to keep a book (the pawnbrokers book)
Pawnshops In Ontario
“It’s nice to
know that
there is at
least one
organization
that takes the
time out to try
to help.”
Sallie Hunt, Staff Lawyer,
Tammy Noble, C.L.W Fort Frances
Kenora 1-800-403-4757
Fort Frances 1-800-799-2485
Office Closures Monday May 22, 2017—Victoria Day
Monday July 3, 2017—Canada Day
Monday August 7, 2017—Civic Holiday
Sub-Offices Red Lake - May 3rd June 7th August 2nd
Ear Falls - May 4th June 8th August 3rd
Consider the environment...
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Does your group require accessible meeting space in Fort Frances or
Kenora during regular office hours? Please contact our office to discuss.
Fort Frances
206 Scott Street
Fort Frances, ON
P9A 1G7
(807) 274-5327 Phone
1-800-799-2485 Toll Free
(807) 274-3141 Fax
Supporting individuals and our community
by providing quality legal services.
Sponsored & funded
by Legal Aid Ontario
Kenora
Ste. 6 - 308 Second St. S
Kenora, ON
P9N 1G4
(807) 468-8888 Phone
1-800-403-4757 Toll Free
(807) 468-4928 Fax
Atikokan
305 Main St. W
PO BOX 1676
Atikokan , ON
P0T 1C0
(807) 597-2811 Phone
(807) 597-6697 Fax
www.NorthwestCommunityLegalClinic.ca
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DISCLAIMER: These articles provide information only and are not to be
considered as legal advice. Content reflects the laws that were current at the time of
publication and the law may have since changed. Consult your community legal clinic or
legal representative for legal advice on your specific situation.
Increases to Minimum Wage October 1, 2017
Job Category Current Oct. 1, 2017 to Sept. 30, 2018
General minimum wage $11.40 $11.60
Student $10.70 $10.90
Liquor Server $9.90 $10.10