Woodsworth Housing Co-operative
A non-profit housing co-op in the St. Lawrence Neighbourhood, Toronto, Canada, since 1979.
Woodsworth bylaws and policies and the Province of Ontario legislation and regulations that govern us. City of Toronto by-laws.
While the website attempts to keep the online versions of bylaws and policies up-to-date, the definitive/legal versions will be in the GMM minutes and corporate records.
Items listed as bylaws have been approved at a general members’ meeting by a 2/3 majority vote.
Approved by the Board of Directors, May 29, 2019 and confirmed by members on June 26, 2019 by a 2/3 majority
Woodsworth’s internal subsidy, now renamed the Emergency Housing Charge Assistance policy (EHC Assistance) is covered by a separate policy.
This bylaw #81 is about the government (CMHC) housing charge subsidy program / rent supplement program, administered by The Agency for Co-operative Housing.
While this bylaw has the application and information on the program regulations and income and calculating finances, the Occupancy Bylaw has Appendix C: Housing Charge Subsidy Terms and Agreement.
Housing Charge Subsidy Bylaw| In the Woodsworth Housing Co-op Accommodation Policy for Residents with Disabilities (“the Accommodation Policy”), the term “accommodation” refers to adapting or adjusting policies, procedures, structures, etc. for a resident with a disability, and not to its more common usage as lodging or housing. 1 |
Approved at a General Members’ Meeting on September 25, 2017.
1. Statement of Commitment
Woodsworth Housing Co-operative (“the Co-op”) commits to addressing residents’ needs in a manner consistent with the Ontario Human Rights Code that is inclusive and free of barriers based on disability, unless to do so would cause undue hardship to the Co-op.2 This Accommodation Policy applies to all residents of the Co-op, as required by the Human Rights Code.
Accommodation will be provided in accordance with the principles of dignity, individualization, and inclusion. The Co-op will work cooperatively, and in a spirit of respect, with all partners in the accommodation process. 3
2. Appropriate Accommodations
The aim of accommodation is to remove barriers and ensure equality. Accommodations will be developed on an individualized basis. An accommodation will be appropriate where it results in equal opportunity to enjoy the same benefits and privileges experienced by others, and where it respects the principles of dignity, inclusion and individualization. Appropriate accommodations may include:
a) Unit adjustments
b) Transfer to a more appropriate unit;
c) Modifications to organization policies and practices;
d) Technical aids;
e) Provision of materials in alternative formats;
f) Building modifications;
g) Modification to membership criteria.
This list is not exhaustive.
Accommodation may take many forms. What works for one individual may not work for another. Each person’s situation must be individually assessed. In each case, the Co-op will implement the most appropriate accommodation, short of undue hardship.
3. Application of the Accommodation Policy
This Accommodation Policy applies to all residents of the Co-op. Residents include Members, Long Term Guests, the children of Members and Long Term Guests, and anyone else who may legitimately be permanent residents.
It applies at all stages and to all aspects of residence in the Co-op, including but not limited to participation in Co-op events, meetings and committees, access to and use of common and private areas of the Co-op, and termination of membership.
The Accommodation Policy also applies to the procedures associated with applying for Membership or Long Term Guest status with the Co-op.
New members will be informed of the Accommodation Policy and all residents will be able to access it electronically through the Co-op’s website, and in hard copy form at the Co-op management office.
Decisions under the Accommodation Policy will be made by the manager of the Co-op within his/her spending authority. If the requested accommodation will cost over the manager’s spending limit, the request will be referred to the Board of Directors for a decision.4
4. Requests for Accommodation
Requests for accommodation must be made, preferably in writing, to the Co-op management office and directed to the manager. 5
Accommodation requests should indicate:
a) The reason why accommodation is required; and
b) The specific needs related to the accommodation seeker’s disability.
All accommodation requests will be taken seriously. No person will be penalized for making an accommodation request.
5. Provision of Information6
The manager of the Co-op (or Board of Directors in more complex accommodation requests) may require further information related to the accommodation request in the following circumstances:
a) Where further information related to the individual’s limitations or restrictions is required in order to determine an appropriate accommodation; or
b) Where there is a demonstrable objective reason to question the legitimacy of the person’s request for accommodation.
In particular, the manager may request documentation from an appropriate health practitioner detailing the nature of the individual’s disability (a diagnosis is not required), any restrictions resulting from the disability, the expected duration of the restrictions, and the basis for the medical conclusions.7
Where further information is needed in order to identify accommodation needs or potential solutions, the accommodation seeker is required to cooperate in obtaining that information. Any costs associated with obtaining such information will be borne by the Co-op.
Failure to respond to such requests for information may delay the provision of accommodation.
The Co-op will maintain information related to:
a) The accommodation request;
b) Any documentation provided by the accommodation seeker or by health practitioners;
c) Notes from any meetings;
d) Any accommodation alternatives explored;
e) Any proposed accommodations that were refused; and
f) Any accommodations provided.
This information will be maintained in a secure location, separate from membership files, and will be shared only with those persons who need the information.
6. Privacy and Confidentiality 8
The Co-op will maintain the confidentiality of information related to an accommodation request. It will only disclose this information with the consent of the person who requested accommodation.
7. Accommodation Planning
Accommodation requests will be dealt with promptly. When required, an interim solution will be provided while long-term solutions are developed.
The manager of the Co-op, the accommodation seeker and, where appropriate, the Board of Directors and any necessary health practitioners will work together cooperatively to develop an Accommodation Plan for the individual. 9
The Accommodation Plan, when agreed on, will be put in writing and signed by the accommodation seeker and an officer of the Co-op. A signed copy of the Accommodation Plan will be maintained by the Co-op.
An Accommodation Plan may include the following:
8. Monitoring Accommodations 10
The manager of the Co-op and the person receiving accommodation will monitor the success of the Accommodation Plan, and shall promptly address any deficiencies or relevant changes in the Co-op or the individual’s needs.
9. Undue Hardship
Accommodation will be provided to the point of undue hardship, as defined by the Ontario Human Rights Commission’s Policy on Ableism and Discrimination Based on Disability. A determination regarding undue hardship will be based on an objective assessment of costs, outside sources of funding, and health and safety. 11 The standard for undue hardship is high, and the burden of proof is on the Co-op.
A determination that an accommodation will create undue hardship may only be made by the Board of Directors of the Co-op.12
An individual making a request for accommodation may be encouraged to offset the costs of accommodation by applying for outside funding or programs that are only available to individuals. The manager of the Co-op may assist in identifying these funding sources.
Where a determination is made that an accommodation would create undue hardship, the person requesting accommodation will be given written notice, including the reasons for the decision and the objective evidence relied upon. The accommodation seeker shall also be informed of his/her recourse under the Ontario Human Rights Code.
Where a determination has been made that an accommodation would cause undue hardship, the manager of the Co-op will work with the accommodation seeker to develop and implement the next best accommodation short of undue hardship or will consider phasing in the requested accommodation.
FOOTNOTES:
1. This policy is intended to be consistent with and complement Human Rights By-Law #70.
2 For more information on undue hardship, please see section 8.
3 The “Duty to Accommodate” under the Human Rights Code is not limited to needs related to a disability, but applies to all enumerated grounds under the Code, including race, age, sex, gender identity, family status, creed (religion), place of origin and citizenship, and the receipt of public assistance. While the focus of this policy is accommodating the needs of residents with disabilities, the principles apply equally to all enumerated grounds.
4 See Spending By-Law #47 and Human Rights By-Law #70, subsection 2.7.
5 It is important to note that some individuals may be unable to disclose or communicate accommodation needs, due to the nature of their disability. For example, persons with some mental disabilities may be unaware of their accommodation needs, or may be reluctant to disclose them because of fear of stigma or stereotypes. The Co-op may offer assistance and accommodation to persons who are clearly unwell and in need of assistance, or who are perceived to have a disability, even where no accommodation request is made.
6 The Co-op will be careful to collect only information that is necessary. A careful approach to the collection of documentation not only protects the privacy of the accommodation seeker, it protects the Co-op from potential complaints. All parties must exercise good faith in seeking and providing information.
7 An appropriate health practitioner is a member of a regulated health care profession such as a medical doctor, psychologist, psychiatrist, occupational therapist or social worker who is qualified to provide an opinion on a request for accommodation. In some cases, the need for accommodation is obvious and there will be no need for supporting medical information.
8 Requests for accommodation may involve the disclosure of private or highly sensitive information. In order for individuals to feel comfortable when making accommodation requests, they must feel confident that the information they provide will be treated confidentially, and shared only as necessary for the accommodation process.
9 A formal accommodation plan ensures that the parties clearly understand their roles and responsibilities, and facilitates accountability and regular monitoring.
10 Accommodation needs and the Co-op’s realities may change over time. As well, accommodation may require adjustments during and after implementation in order to improve effectiveness or efficiency.
11 A detailed explanation of these three factors can be found in the Ontario Human Rights Commission’s Policy on Ableism and Discrimination Based on Disability (2016) at section 9, available online at: http://www.ohrc.on.ca/en/policy-ableism-and-discrimination-based-disability.
12 The determination that an accommodation will cause undue hardship is a complex decision, with potentially significant legal consequences, and should therefore be made by the Board of Directors of the Co-op. The basis for this conclusion should be thoroughly documented, and the accommodation seeker provided with clear reasons for the decision.
See also:
Woodsworth pamphlet – Guide to Woodsworth’s Accommodation Policy for Disabilities and forms
https://www.woodsworthcoop.ca/index.php/guide-to-woodsworths-accommodation-policy/
Passed by the Board of Directors on March 30, 2016
Confirmed by the members on May 17, 2016
TABLE OF CONTENTS
1 Rights, Principles and Obligations
Article 1.1 Statement of principles and obligations
Article 1.2 Background information
Article 1.3 Other rights
Article 1.4 No reprisals
2 Co-op Services
Article 2.1 Individual assessment
Article 2.2 Members with disabilities
Article 2.3 No indirect discrimination
Article 2.4 Limits
Article 2.5 Able to live independently
Article 2.6 Requests for accommodation or adjustment
Article 2.7 Authority to arrange for work
Article 2.8 Relation to Human Rights Code
3 Dealing with Problems
Article 3.1 Investigate complaints
Article 3.2 Procedure
Article 3.3 Complaints about co-op
Article 3.4 Complaints about members of the co-op community
Article 3.5 Eviction
4 Relation to Other By-laws
Article 4.1 Applying co-op by-laws
Article 4.2 Procedures under other laws or by-laws
Article 4.3 Repeal
Attachment A Complaint and Investigation Procedure
Attachment B Humans Rights By-law Complaint Form
About this By-law: This By-law states the commitment of Woodsworth Housing Co-operative to the human rights of the members of the co-op community and the co-op’s rules for fulfilling that commitment.
1. RIGHTS, PRINCIPLES AND OBLIGATIONS
ARTICLE 1.1 Statement of principles and obligations
(a) The co-op community is made up of all members, other residents and staff.
(b) Members of the co-op community must respect the human rights of other members of the co-op community and of people who deal with or visit the co-op.
(c) The co-op expects members of the co-op community to obey the Ontario Human Rights Code and not to do anything that would discriminate against or harass others in a way that would breach the Human Rights Code.
(d) The co-op itself must follow the requirements stated in paragraphs (b) and (c)
(e) The co-op and members of the co-op community should strive for an environment at the co-op that is fair, inclusive and respectful of people’s dignity.
1.2 Background information
Background information on these rights, principles and obligations and on the Ontario Human Rights Code is in Attachment C to this By-law.
1.3 Other rights
The rights in this By-law are in addition to any other rights that anyone has. Nothing in this By-law prevents anyone from exercising their legal rights in any way. The co-op encourages people to use the procedures in this By-law to deal with human rights issues, since this can help the co-op address any human rights problems at the co-op.
1.4 No reprisals
Any reprisal for making a good faith complaint under this By-law is a breach of this By-law.
2. CO-OP SERVICES
ARTICLE 2.1 Individual assessment
The co-op will consider the needs of each individual member of the co-op community in conducting its operations. The co-op will take all reasonable steps to adjust its services and operations to meet theindividual needs of members of the co-op community that are related to a prohibited ground of discrimination under the Human Rights Code.
2.2 Members with disabilities
In providing its services the co-op will take all reasonable steps to accommodate the needs of members of the co-op community with disabilities.
2.3 No indirect discrimination
The co-op will take all reasonable steps to adjust any restriction, qualification or factor in the co-op’s operations that results in indirect discrimination contrary to the Human Rights Code.
2.4 Limits
The co-op will take the steps referred to in sections 2.1, 2.2, and 2.3 if they can be taken without undue hardship. In deciding what steps to take the co-op will follow the definitions and be bound by the obligations under the Human Rights Code.
Indirect discrimination under section 2.3 does not include rules and procedures under government or other special programs to relieve hardship or economic disadvantage, to assist in achieving equal opportunity or to eliminate infringement of rights.
2.5 Able to live independently
The co-op’s obligations do not include providing any form of care or assistance in the activities of daily living. Members of the co-op community who need this kind of assistance must arrange for it without depending on the co-op.
2.6 Requests for accommodation or adjustment
Requests for accommodation or adjustment should initially be directed to the manager and should be in writing, if possible. The request will be dealt with promptly and with full respect for the dignity of the person who made the request.
A request should state what is being requested and why it is needed. The manager will obtain any necessary backup documentation, such as evidence of medical need, if necessary. With the approval of the Board, the manager will obtain advice from the co-op’s lawyer if necessary. The request and all material related to it will be kept in confidence and only shown to staff or others who have a need to know.
2.7 Authority to arrange for work
If the manager does not believe any issues are raised that should go to the board, the manager will have authority to grant an accommodation or adjustment by arranging for work that is within the manager’s spending authority or would normally be done by co-op staff. In any other case the manager will report to the board, which will make the decision unless a budget change is needed. If a by-law or budget change is needed, the board will make an appropriate proposal to the members. There will be full consultation with the person who made the request to ensure that everyone understands the issues and concerns.
2.8 Relation to Human Rights Code
The obligations of the co-op in this By-law are intended to implement its responsibilities under the Ontario Human Rights Code. They should not be interpreted in any way that is inconsistent with the Human Rights Code or that would give lesser or greater obligations to the co-op.
3. DEALING WITH PROBLEMS
ARTICLE 3.1 Investigate complaints
The co-op will deal with complaints about a breach of this By-law as stated in this By-law. The board of directors will deal with situations that it becomes aware of whether or not there is a specific complaint, but where there are reasonable grounds to believe a breach of the By-law has occurred.
3.2 Procedure
The procedure for complaints and investigations is stated in Attachment A.
3.3 Complaints about co-op
If a complaint is established about the conduct of the co-op itself, or directors, officers, committees or others acting on behalf of the co-op, the board will take appropriate action to correct the situation and avoid any repetition.
· The action could include such things as one or more of
o a letter of apology;
o a performance agreement;
o mediation or conflict resolution between the parties;
o a warning or reprimand;
o removal from a committee;
o proceedings to remove someone from the board as stated in the Organizational By-law;
o development and introduction of policy statements and educational initiatives to avoid anything similar in the future;
o other actions referred to in this By-law.
· If the individual involved is a staff member, the board will consider requirements under any employment or property management contract, and other employment and contractual obligations. This could affect the method of investigation and the action taken. The board will obtain legal advice in all appropriate circumstances. The action taken could include such things as one or more of the items stated in the previous section and/or
o employee education and training;
o oral reprimand;
o written reprimand;
o suspension;
o termination of employment.
3.4 Complaints about members of the co-op community
If a complaint is established about the conduct of a member of the co-op community who is not acting on behalf of the co-op, the board will decide what action to take. The board’s basic intent will be to resolve the situation amicably if possible. The action taken could involve one or more of the items stated in the preceding sections.
3.5 Eviction
Breach of this By-law can be grounds for eviction under the Occupancy By-law. In determining whether to consider eviction or whether to evict, the board will consider such things as:
· the evidence available as to what happened;
· the appropriateness of eviction as a response, considering the seriousness of the breach and other possible solutions to the underlying situation;
· the appropriateness of a performance agreement or other alternative to address the situation;
· the likely success or failure of legal action to evict;
· the costs involved in evicting someone.
4. RELATION TO OTHER BY-LAWS
ARTICLE 4.1 Applying co-op by-laws
The co-op must comply with the Human Rights Code when applying co-op by-laws and other co-op rules and decisions. If any by-law, rule or practice conflicts with the Human Rights Code, then it has to be changed. If the manager becomes aware of any need for changes, the manager will report it to the board. The board will make all changes that are needed and are within the board’s authority. If a by-law or budget change is needed, the board will make an appropriate proposal to the members.
If any change to comply with the Human Rights Code is needed urgently and cannot wait for a members’ decision, the board will make any decisions that are needed even if they conflict with the by-laws. The board will only do this after receiving a written opinion from the co-op’s lawyer. The issue will be reported at a members’ meeting, either specifically or as part of a proposal for a by-law change.
4.2 Procedures under other laws or by-laws
Someone may have a right of appeal or review under another law or by- law, such as if the board decides to evict someone or if a membership application is refused. If the member or applicant feels that the original decision was in breach of the Human Rights Code, the member or applicant may file a complaint under this By-law. However, the member or applicant should also file an appeal or request for review (as applicable). The board can decide to deal with the complaint and the appeal or review at the same time or to hold action on one until the other is decided.
Complaint and Investigation Procedure
1. Object: The objective of this procedure is to
• have a fair, prompt and effective investigation and resolution of complaints;
• avoid unnecessary cost, inconvenience or hardship on any party;
• have due regard to the dignity and the rights of persons who may have a complaint or may be complained about.
2. Complaints officer: The complaints officer is the person who is dealing with a specific complaint on behalf of the co-op. The complaints officer will be designated by the board after a complaint is reported to it. The complaints officer may or may not be a director or a staff member, or an elected member of the Reconciliation Committee or PIPED, but should be someone respected within the co-op community who does not have any conflict of interest relating to the complaint.
3. The complaints officer will take the lead role in dealing with the complaint and making sure that the procedures in this Attachment are followed in a timely way. In some cases the complaints officer will handle the investigation of the complaint. In other situations an outside investigator will be appointed to work with the complaints officer as stated in this Attachment.
4. Mediation: If the parties to the complaint are prepared to mediate their differences, the co-op will arrange for mediation. This can happen at any time during the investigation process and the process will be suspended until the mediation is complete. The complaints officer can suggest mediation to the parties. The cost of the mediator will be paid by the co-op.
MAKING COMPLAINTS
5. Making a complaint: Members, residents, staff of the co-op, applicants for membership and persons who visit the co-op property can make a complaint about a violation of the Human Rights By-law.
6. A complaint can be about something that happened to the complainant or another person or that calls the co-op’s attention to a situation or problem.
7. In writing: A complaint must be in writing and signed by the person making the complaint. It should be delivered to the co-op manager. If the complaint is about the manager, it can be delivered to the President. If it is about both the manager and the President, it can be delivered to any director.
8. If someone has difficulty putting their complaint in writing, the person who receives the complaint should help them to do this. In doing this they should make sure to write out the person’s complaint and not to change the complaint or put words in the person’s mouth.
9. Complaint Form: Attachment B is a Form that can be used for complaints.
10. Confidentiality and disclosure: The person who receives the complaint will explain the confidentiality and disclosure provisions in Attachment B to the person who submits it.
11. A complaint will be accepted if not on Attachment B, but the person who submits it will be asked to sign a document stating they understand the confidentiality and disclosure rules. The document may use the relevant wording from Attachment B.
12. Time Limit: Unless there are special circumstances, a complaint should be filed within six months from the time when the violation took place, or if it took place over a period of time, six months from the last incident
DEALING WITH COMPLAINTS
13. Informal resolution: Depending on the nature of the complaint, the person who receives it may try to resolve the situation informally, such as by consulting with the parties involved and assisting them to come to agreement on the issue.
14. Initial report to board: Whoever receives a complaint will report the complaint to the board. In sensitive situations the initial report to the board may leave out the names and identifying features of one or more of the parties involved, unless the board decides that it needs to know that information. If the complaint is about a director, the director will be told only that there has been a complaint and told not to be present at the board meeting when it is discussed. This rule will not apply if it would prevent the board from having a quorum. The director will be given more information about the complaint later, as part of the investigation process.
15. Board action: When a complaint is reported to the board, the board will decide what steps to take. In most cases the board will appoint a complaints officer or decide that the manager should be the complaints officer.
16. Depending on the nature and urgency of the complaint the board may also do such things as:
• seek legal advice;
• ask the local co-operative housing federation or another sector body to advise the board on how to deal with the situation;
• take emergency steps to protect members, residents or staff;
• take action under an employment or other contract if appropriate.
17. Outside investigator: In some cases, such as specialized or exceedingly serious complaints, the board may decide to appoint an investigator from outside the co-op with expertise in that type of investigation. The investigator will work with the complaints officer to try to establish what happened and evaluate the situation and report to the board.
18. Lawyer: The complaints officer may be authorized to consult the co-op lawyer or the lawyer may be instructed to be the outside investigator or be present at interviews conducted by the complaints officer or outside investigator. Where there is a possible legal liability on the part of the co-op, the co-op lawyer will be consulted before proceeding further.
19. Employment matters: The procedure in this Attachment may not be appropriate for some employment-related complaints. The board will decide on the procedure for employment-related complaints. The board will consult the co-op’s lawyer. The board will consider any procedure stated in a staff contract.
20. Provisions in this Attachment and the Human Rights By-law relating to staff will apply to co-op staff employed by a management company with any adjustments that may be necessary.
21. Insurance company: The board may refer any complaint to the co-op’s insurance company before or at the same time as the investigation of the complaint.
22. No admission of liability: The complaints officer and outside investigator are not authorized to make any admission of liability on the part of the co-op. The co-op lawyer and the insurance company will be consulted in advance in cases where an admission of liability by the co-op may result from the investigation.
23. Other procedures: The board can decide to follow a procedure other than the one stated in this Attachment.
24. When board can refuse to consider a complaint: The board can decide not to consider a complaint or take any action on a complaint. This could be because it is clear that the complaint is without merit, trivial, frivolous, made in bad faith or it could be for other reasons. The decision must be made by motion appearing in the confidential minutes of a board meeting.
25. Interim Action: While a complaint is being considered, the board can decide to take immediate action until the investigation is complete.
Depending on the circumstances this could include such things as:
• try to limit contact between the complainant and the person complained of;
• provide extra security, if appropriate;
• arrange for counselling or other help, if appropriate;
• consider giving staff a leave of absence;
• removal of someone from the On-call or other committees.
INVESTIGATION PROCESS
26. Investigation and report: After the initial report to the board, then unless the board has decided something else, the complaint will be investigated and a report prepared for the board. The investigation will be conducted by the complaints officer or an outside investigator with the involvement of the complaints officer. This part of the Attachment refers to the complaints officer, but the duties and activities could be performed partly by an outside investigator.
27. Disclosure of Complaint: The complaints officer will show the complaint to the party complained about. The complaints officer may decide to give that person a copy. This is subject to the next paragraph.
28. Reprisals: Where reprisals are an issue, the board may decide to withhold the name or identifying details of the person who complained. The other party may only be provided with a summary of the complaint in order to prevent identification. This should only be done in the most extreme circumstances.
29. Representation: The party who complained and the party complained about can have a lawyer or other representative present at any interview or to represent that party generally.
30. Interviews and review of files: The complaints officer will be entitled to interview persons and review co-op files and inspect parts of the co-op property, as necessary for the investigation. This will be subject to applicable laws.
31. Comments in response to complaint: The complaints officer will ask the party complained about for comments. These should be in writing, but the complaints officer may accept oral comments.
32. Written record of interviews: The complaints officer may prepare a written statement based on interviews and ask the person interviewed to sign the statement, with or without changes, to verify the contents.
33. Information on investigation progress: The complaints officer will keep the party who complained and the party complained about informed of the status of the investigation.
34. Failure to co-operate: The party complained about may refuse to co-operate with the complaints officer and may refuse to answer questions, whether oral or in writing. Failure to co-operate or answer questions may result in an adverse inference by the complaints officer.
35. Right of response to go to board: The party complained about will have the right to respond to any complaint in writing and to have the written response form part of the report to the board.
36. Complaints officer’s report: The complaints officer, investigator or co-op lawyer will give a written report to the board. This will be confidential and will not be shown to either the party who complained or the party complained about unless the board decides to show it to them. The report should summarize the position of the party who complained and the party complained about, the steps in the investigation process, the conclusions of the complaints officer and any recommendations.
37. Timing: The investigation will be completed as quickly as possible. It should not normally take more than 21 days and sometimes much less. The delivery of the report should be timed in relation to a board meeting so that the board can take action as soon as possible.
BOARD DECISION
38. The board will evaluate the complaint and the report. If the board determines that the complaint has merit, the board can take action as it considers appropriate, including the actions stated in the Human Rights By-law.
RECORDS OF COMPLAINTS
39. Member’s file: If the board determines that a complaint against a member has merit, the complaint, any report and a record of the board’s decision on it, and the supporting papers, will be placed in the member’s file, unless the board decides not to do this. This record will be removed from the file by the manager two years after insertion, if no further meritorious complaints have been made within the two-year period.
40. Staff file: If the board determines that a complaint against staff has merit, the complaint, any report and a record of the board’s decision on it and the supporting papers will be placed in the individual staff member’s file, unless the board decides not to do this. This record will be removed from the file by the President two years after insertion, if no further meritorious complaints have been made within the two-year period. If the board decided that progressive discipline at the level of written reprimand and/or warning or greater was not warranted, the two-year period will be reduced to one year.
41. When no action on complaint: If the board refuses to consider a complaint or determines that a complaint does not have merit or decides not to take action on a complaint, the complaint, any report and other papers relating to it will not be placed in the employee’s or member’s file, unless the board decides to place them in the file. They will be retained in a separate file dealing with complaints and will not be used for ordinary matters, such as letters of reference.
42. After removal: After a complaint, report and any other papers relating to it have been removed from the employee’s or member’s file, or if they are not placed in one of these files, they will be retained in the separate file dealing with complaints and will not be used for ordinary matters, such as letters of reference.
CONFIDENTIALITY
43. General: All persons involved should at all times be conscious of the sensitivity of complaints and their subject matter and should only collect information that is relevant to the complaint and should maintain strict confidentiality about that information and avoid disclosure except to persons who have a need to know. This includes information about the fact that there was a complaint and about the investigation.
44. Information to representatives: The party who filed the complaint and the party complained about are not authorized to provide their lawyer (or anyone else) with confidential or personal information about the co-op or any employee, member or occupant. The complaints officer will provide the lawyer or other representative with all necessary information, but only if the complaints officer is satisfied that there are adequate safeguards in place. These safeguards could include such things as deleting the names of persons, deleting irrelevant information and obtaining a confidentiality agreement from the lawyer or other representative. The confidentiality agreement could include such things as keeping the information confidential, limiting copying of the information and returning the information when the matter is completed.
45. Report of investigation: The report of the complaints officer and any outside investigator should not reveal more than is necessary to report on the investigation. It should include a record of all relevant information.
46. Unless the board decides something else, all other information gathered in connection with an investigation that is not in the report should be retained in a confidential location in the co-op office for thirty months after the board has received the report and then destroyed.
47. Board action: The board should limit what is disclosed about the report and the board’s action for the protection of both the complainant and the party complained about. This is true even when a complaint has been substantiated.
48. Part of the board’s decision will be what information about the action taken by the board will be given to the party who complained. That party should be given a reasonable explanation of what the board has done. However, it may not be possible to give that person all the information, such as if it involves personal health information about the other party.
49. Confidentiality of records of complaints: The materials placed in a member’s or employee’s file under this Attachment will be in a confidential part of the file and will not be available to the member or employee unless the board decides something else. The separate file dealing with complaints referred to in this Attachment will be confidential and will not be available except to staff and directors with a need to know.
WOODSWORTH HOUSING CO-OPERATIVE INC.
Human Rights By-law Complaint Form
Please print or type. Add additional pages if needed.
Name of member or
person making complaint: _____________________________________________
Address: __________________________________________________
__________________________________________________
The undersigned is making a complaint to the co-op about a violation of the co-op’s
Human Rights By-law.
1. Person or persons complained about ____________________________________
2. Date or approximate date of incidents ___________________________________
3. What was done that broke the Human Rights By-law?
4. I am enclosing the following documents or papers, if any:
This form is continued on the next page. Add additional pages if needed.
5. The following are people who know something about this. I understand
the co-op may wish to contact them:
6. I understand that this complaint may be shown to the person complained
about and that person may be given a copy.
7. I understand that where reprisals are an issue, the board of directors may
decide to withhold my name or identifying details and only give the other
party a summary of the complaint in order to prevent identification. I
understand that the board does this only in the most extreme
circumstances.
8. I request the board to withhold my name or identifying details and only
give the person complained about a summary of the complaint as stated
above.
Note: Complainant must initial here if making this request: Initials ________
Note: The board will only consider a request if the complainant’s initials
are above. The board may decide not to agree to the request.
9. The reasons for this request are:
10. I understand that the Human Rights By-law contains other rules about confidentiality of information, including that
• My file may be reviewed as part of the investigation.
• I may not provide confidential information about the co-op or anyone else to my lawyer or representative except through a complaints officer chosen by the board of directors.
• The report of the investigation will be confidential and the board may decide that it will not be shown to me.
• The action taken by the board may be confidential and I may be given only limited information about it.
I acknowledge that I have received a copy of the Human Rights By-law and I have had an opportunity to read it before signing this complaint. I consent to the confidentiality and other rules in the Human Rights By-law.
The information in this complaint is accurate and complete to the best of
my knowledge.
Date: _____________________
Signature: ____________________________________
Print Name:
Downloadable PDF of the by-law:
2016_MAR_30 BOD&MembershipApproved Human Rights bylaw70_Finalhttps://www.woodsworthcoop.ca/index.php/by-laws/background-information-human-rights-law/
This Attachment contains background information relating to the Model Human Rights By-law. It does not form part of the By-law itself. This Attachment may be updated from time to time. The CHF Canada website should be checked for the most recent version.
WOODSWORTH HOUSING CO-OPERATIVE INC.
Approved by Board of Directors on December 9, 1989; Amended at the GMM on September 25, 1989; Approved by Members at GMM on July 3, 1990; Amendments to clause 12 and additional clause 15 – July 3, 1990 Consolidation. Amendments to #9 and #16 – approved by Members at GMM March 14, 2011. Amendments to #1 and #17 approved by Members at GMM March 14, 2012. Amendments to #2, #9 and #16 – approved by Members at GMM January 26, 2016.
1. Housing Manager / Co-ordinator allocates the parking spaces and maintains the Parking Space Waiting List. (Amended March 14, 2012).
2. Parking spaces will be allocated on a date of application basis; however vehicles owned or leased and operated by a member who has obtained a handicapped license plate permit will be given first priority in the Waiting List, provided the Co-op is satisfied that the person or people transported in the vehicle require access to a housing unit in the Co-op other than ones on Albert Franck Place. Two adjoining parking spaces (#s 35 & 36) are reserved on a priority basis in the medium-rise garage for handicap parking for a member using a wheelchair. If there isn’t a need for the handicap space the space can be rented on a month to month basis with the understanding that access to the space will be revoked with one month’s notice, and that members losing their space can then be put at the top of the waiting list for garage parking. (Amended January 26, 2016).
3. Applications for the Parking Space Waiting List may be made by a member in good standing. Members are not required to own a car at the time of application.
4. Members holding Street Parking Permits are eligible to apply for underground parking space.
5. Parking space may only be allocated to a member who owns or leases a vehicle. (Amended March 2011). Where a member is in the process of acquiring a vehicle, the vehicle must be acquired within two months of the space being allocated. To qualify for a car space, a vehicle must be a motorized four wheeled vehicle, in active use, licensed and insured for active use, and must be registered to the member.
6. Parking space allocation is based on one parking space per household only. Residents of Albert Franck Place townhouses are not entitled to parking spaces in the underground parking garage.
7. A member who declines an offer of a parking space will automatically be placed at the bottom of the Waiting List.
8. Members accepting a parking space must sign a Parking Agreement and provide the office proof of registration and insurance.
9. One parking space (#29) will be allocated for staff use only. (Amended March 2011). Staff will be allowed to rent an additional parking space (#11) on a month to month basis with the understanding that access to the space will be revoked with one month’s notice as long as no member requires a parking space and there is no waiting list for parking in the medium-rise garage. The cost of renting the additional parking space is as per Woodsworth’s Annual Fee schedule. (Amended January 26, 2016).
10. Motorcycles may park in the designated area and will pay fees set annually in the annual budget.
11. Bicycles must be registered at the co-op office and pay the fees set annually.
12. Cars shall not be washed in the Underground Garage.
13. Abandoned vehicles, and those not registered, licensed or insured will be removed.
14. Parking spaces will not be used for storage. Only registered vehicles will occupy the parking space.
15. Subletting an underground parking space may only be done in conjunction with the sub-letting of a member’s housing unit. It will be sublet as per the waiting list procedures up to the term of the sublet of the units.
16. Casual Parking: (Amended March 2011) The assigned Staff parking spaces as outlined in item #9 above can be reserved in advance by members for casual parking. They are available to rent during the following times:
Monday: 5pm to 8am
Tuesday: 5pm to 8am
Wednesday: 5pm to 8am
Thursday: 5pm to 8am
Friday: 5pm to 5pm on Saturday
Saturday: 5pm to 5pm on Sunday
Sunday: 5pm to 8am
Statutory holidays are considered an extension of previous day’s rental hours; for example, if a statutory holiday falls on a Monday, the Sunday rental will be from 5pm on Sunday to 5pm on Monday or if a statutory holiday falls on a Friday, the Thursday rental will be from 5pm on Thursday to 5pm on Friday. (Amended January 26, 2016)
Casual parking is intended to be short-term. The number of casual parking days per unit is capped at 12 days per month. (Amended January 26, 2016)
Members must reserve the Casual Parking with the office, or with On Call if it has not already been booked by the office, for evenings or weekends and the receipt must be displayed on the dashboard. (Amended March 14, 2011). The cost of renting the casual parking space is as per Woodsworth Annual Fee schedule.
17. Ramp parking: (Amended March 14, 2012)
Legal parking: Any contractor employed by the co-operative may park on the ramp with permission from Woodsworth office or by On-Call after hours and on weekends. Contractors must park on the south side of the ramp while leaving enough room for members to access the garbage cage. Contractors will have an authorization form on their dash identifying themselves as workers on site or obtain one from the office or On-Call as needed.
Illegal Parking: Members are not permitted to park on the ramp at any time. Any person parking on the ramp without the express permission of the co-operative or On-Call will be subject to tag and/or tow at the owner’s expense.