s.47.3 — Tenant or child deemed to have experienced violence or another form of abuse

47.3 (1) For the purposes of sections 47.1 and 47.2, a tenant of a rental unit or a child residing with the tenant is deemed to have experienced violence or another form of abuse if, (a) an order has been made under subsection 810 (3) of the Criminal Code (Canada) against a person mentioned in subsection (4) and the order includes one or more conditions described in subsection 810 (3.2) of that Act relating to the tenant, the child or the rental unit; (b) an order has been made under section 46 of the Family Law Act against a person mentioned in subsection 46 (2) of that Act and the order includes one or more provisions described in subsection 46 (3) of that Act relating to the tenant, the child or the rental unit; (c) an order has been made under section 35 of the Children’s Law Reform Act against a person mentioned in subsection (4) and the order includes one or more provisions described in subsection 35 (2) of that Act relating to the tenant, the child or the rental unit; (d)   the tenant alleges that any of the following acts or omissions has been committed by a person mentioned in subsection (4) against the tenant or the child and the allegation is made in a statement that complies with the requirements in subsection (5): (i) an intentional or reckless act or omission that caused bodily harm to the tenant or the child or damage to property, (ii) an act or omission or threatened act or omission that caused the tenant or the child to fear for his or her own safety or the child’s safety, (iii) forced confinement of the tenant or the child, without lawful authority, or (iv) a series of acts which collectively caused the tenant or the child to fear for his or her own safety or the child’s safety, including following, contacting, communicating with, observing or recording the tenant or the child; (e) the tenant alleges that sexual violence has been committed against the tenant or the child and the allegation is made in a statement that complies with the requirements in subsection (5); or (f)   the tenant alleges that an act or omission prescribed for the purposes of this clause has been committed against the tenant or the child and the allegation is made in a statement that complies with the requirements in subsection (5). (2) In this section, “sexual violence” means any sexual act or act targeting a person’s sexuality, gender identity or gender expression, whether the act is physical or psychological in nature, that is committed, threatened or attempted  against a person without the person’s consent, and includes sexual assault, sexual harassment, stalking, indecent exposure, voyeurism and sexual exploitation. (3) Subsection (1) does not apply with respect to, (a) an order described in clause (1) (b) that was made against the tenant; or (b) sexual violence or an act or omission referred to in clause (1) (f) that is alleged to have been committed by the tenant. (4) The person against whom an order described in clause (1) (a) or (c) was made and the person who is alleged to have committed an act or omission described in clause (1) (d) must be, (a) a spouse or former spouse of the tenant; (b) a person other than a spouse or former spouse of the tenant, who is living with the tenant in a conjugal relationship outside marriage, or who has lived with the tenant in a conjugal relationship outside marriage for any period of time, whether or not they are living in a conjugal relationship at the time the tenant gives a notice under subsection 47.1 (1) or 47.2 (1); (c) a person who is or was in a dating relationship with the tenant; or (d) a person who resides in the rental unit and who is related, including through marriage, to the tenant or to a child who resides with the tenant. ; (5) A statement referred to in clause (1) (d), (e) or (f) shall comply with the following requirements: 1. The statement shall be in a form approved by the Board. 2. The statement shall identify the rental unit to which it relates. 3. The statement shall include an allegation that one or more of the following has occurred: i. an act or omission described in clause (1) (d) has been committed against the tenant or a child residing with the tenant by a person mentioned in subsection (4), ii. sexual violence, as defined in subsection (2), has been committed against the tenant or a child residing with the tenant, or iii. an act or omission prescribed for the purposes of clause (1) (f) has been committed against the tenant or a child residing with the tenant. 4. The statement need not, i. describe the circumstances of the sexual violence or of the act or omission, ii. specify whether the occurrence is an occurrence of an act or omission referred to in subparagraph 3 i or iii or an occurrence of sexual violence referred to in subparagraph 3 ii, iii. identify the person who is alleged to have committed the sexual violence or the act or omission, either by name or by the person’s relationship to the tenant or the child residing with the tenant, or iv. specify whether the sexual violence or the act or omission is alleged to have been committed against the tenant or a child residing with the tenant. 5. The statement shall include an assertion that, as a result of the sexual violence or the act or omission committed against the tenant or the child, the tenant believes that he or she or the child may be at risk of harm or injury, if he or she or the child continues to reside in the rental unit. 6. The statement shall be signed by the tenant. (6) In any proceeding under this Act where one of the issues to be determined by the Board is whether a person is deemed under subsection (1) to have experienced violence or another form of abuse, the Board may inquire into and make a determination as to whether the documentation accompanying the notice is genuine and is a copy of an order described in clause (1) (a), (b) or (c) or is a statement referred to in clause (1) (d), (e) or (f), but the Board may not inquire into or make any determination as to the truth of or the belief in the truth of any allegation or assertion referred to in paragraph 3 or 5 of subsection (5).