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...

Please recycle this newsletter!

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