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Social Housing Reform Act, 2000

ONTARIO REGULATION 298/01

RENT-GEARED-TO-INCOME ASSISTANCE AND SPECIAL NEEDS HOUSING

Consolidation Period: From August 1, 2007 to the e-Laws currency date.

Last amendment: O. Reg. 309/07.

This is the English version of a bilingual regulation.

SKIP TABLE OF CONTENTS

CONTENTS

PART I
APPLICATION AND INTERPRETATION

Application of regulation

1.  (1)  This Regulation applies to the service area of a service manager set out in Column 2 of Table 1 as of the date set out opposite the service manager in Column 3 of Table 1. O. Reg. 298/01, s. 1 (1).

(2)  This Regulation applies in respect of designated housing projects, as defined in section 62 of the Act. O. Reg. 298/01, s. 1 (2).

(3)  A provision of this Regulation that applies to a supportive housing provider applies to the supportive housing provider only with respect to the units that are special needs housing in the housing projects operated by it. O. Reg. 298/01, s. 1 (3).

Designated housing project

2.  The housing programs set out in Schedule 1 that have been transferred under section 10 of the Act are prescribed for the purposes of the definition of “designated housing project” in section 62 of the Act. O. Reg. 409/01, s. 1.

3.  Revoked: O. Reg. 452/01, s. 1.

Interpretation

4.  (1)  In this Regulation,

“abuse” means,

(a) one or more incidents of,

(i) physical or sexual violence,

(ii) controlling behaviour, or

(iii) intentional destruction of or intentional injury to property, or

(b) words, actions or gestures that threaten an individual or lead an individual to fear for his or her safety; (“mauvais traitements”)

“abused” and “abusing” have meanings corresponding to the meaning of “abuse”; (“maltraité” and “maltraitant”)

“alternative housing provider” means a housing provider that has a mandate under section 99 of the Act to provide housing to households that are homeless or hard to house; (“fournisseur de logements aux ménages non conventionnels”)

“band” means a band, as defined in the Indian Act (Canada); (“bande”)

“business day” means a day from Monday to Friday, other than a holiday; (“jour ouvrable”)

“centralized waiting list” means the waiting list established under section 35; (“liste d’attente centralisée”)

“child”, in relation to an individual, means a child of that individual born within or outside marriage (unless that child has been adopted by one or more other individuals in Ontario or according to the law of another jurisdiction), a child adopted by that individual in Ontario or according to the law of another jurisdiction, and a child whom the individual has demonstrated a settled intention to treat as a child of his or her family, but does not include a child placed in the individual’s home as a foster child for consideration by another person having lawful custody; (“enfant”)

“family unit” means,

(a) an individual, the individual’s spouse and all of the children of both or either of them who are living with them,

(b) an individual and the individual’s spouse living with him or her, if neither has any children,

(c) an individual and the individual’s children living with him or her, if the individual has no spouse, or

(d) an individual, if the individual has no spouse and no children; (“cellule familiale”)

“full-time attendance”, in relation to a student attending a recognized educational institution, means, in the case of a student having a permanent disability, taking at least 40 per cent of a full course load, and in the case of any other student, taking at least 60 per cent of a full course load, as determined from the course calendar of the educational institution; (“fréquenter à plein temps”)

“internal transfer” has the same meaning as in Ontario Regulation 339/01 (Housing Projects Subject to Part VI of the Act) made under the Act; (“transfert interne”)

“parent”, in relation to another individual, means a natural parent of the other individual (unless the other individual has been adopted by one or more other individuals in Ontario or according to the law of another jurisdiction), an adoptive parent of the other individual who has adopted that individual in Ontario or according to the law of another jurisdiction, and an individual who has demonstrated a settled intention to treat the other individual as a child of his or her family, but does not include an individual in whose home the other individual has been placed as a foster child for consideration by another person having lawful custody; (“père ou mère”)

“recognized educational institution” means,

(a) a school, as defined in the Education Act,

(b) a university,

(c) a college of applied arts and technology established under section 5 of the Ministry of Training, Colleges and Universities Act,

(d) a private vocational school, as defined in the Private Vocational Schools Act, or

(e) a private school, as defined in the Education Act, for which a notice of intention to operate has been submitted to the Ministry of Education in accordance with that Act; (“établissement d’enseignement reconnu”)

“rent” means,

(a) in relation to a unit in a non-profit housing co-operative under the Co-operative Corporations Act occupied by a member of the co-operative, housing charges as defined in that Act, other than sector support levies and initial membership fees, or

(b) in all other cases, rent as defined in the Residential Tenancies Act, 2006; (“loyer”)

“special priority household” means a household that a service manager has determined should be included in the special priority household category under section 25; (“ménage prioritaire”)

“spouse”, in relation to a member of a household, means,

(a) an individual who, together with the member, has declared to the service manager that the individual and the member are spouses, or

(b) an individual who is residing in the same dwelling place as the member, if the social and familial aspects of the relationship between the individual and the member amount to cohabitation and,

(i) the individual is providing financial support to the member,

(ii) the member is providing financial support to the individual, or

(iii) the individual and the member have a mutual agreement or arrangement regarding their financial affairs. (“conjoint”) O. Reg. 298/01, s. 4 (1); O. Reg. 342/05, s. 1 (1-4); O. Reg. 309/07, s. 1 (1-3).

(1.1)  For the purpose of the definition of “abuse”, abuse is done by any of the following persons against an individual:

1. The individual’s spouse, parent, child or other relative.

2. A person who is sponsoring the individual as an immigrant.

3. A person on whom the individual is emotionally, physically or financially dependent. O. Reg. 309/07, s. 1 (4).

(2)  For the purpose of the definition of “spouse”, sexual factors shall not be investigated or considered in determining whether or not an individual is a spouse. O. Reg. 342/05, s. 1 (5).

PART II
APPLICATIONS

Application for rent-geared-to-income assistance

5.  (1)  An application by a household for rent-geared-to-income assistance must be made to the service manager in whose service area the household wishes to receive the assistance. O. Reg. 298/01, s. 5 (1).

(2)  The application must include such information and documents as the service manager may require. O. Reg. 298/01, s. 5 (2).

(3)  The service manager may require the household to give the service manager written verification, from a person acceptable to the service manager and in the form specified by the service manager, of any of the following:

1. The income of any member of the household from any source.

2. The interest of any member of the household in any asset and the value of the interest of any member of the household in any asset. O. Reg. 298/01, s. 5 (3).

(4)  The written verification that a service manager may require under paragraph 2 of subsection (3) may be a written appraisal, obtained at the household’s expense, of the value of the interest of any member of the household in any asset. O. Reg. 298/01, s. 5 (4).

(5)  If, before the household begins to receive rent-geared-to-income assistance, there is a change in a document or information that the household has provided to the service manager with respect to its application, the household shall provide such updated document and information as the service manager may require within 10 business days from the date that the content of the document or the information ceases to be accurate, or within such longer period as the service manager may allow. O. Reg. 85/02, s. 1.

(5.1)  A service manager may extend, one or more times, the period within which a household must provide an updated document or information under subsection (5), and each extension of a period may be made either before or after the expiry of the period. O. Reg. 220/04, s. 1.

(6)  Subsections (2) and (5) do not apply to a household applying for rent-geared-to-income assistance in housing provided by an alternative housing provider under its mandate to provide housing to households that are homeless or hard to house, if the alternative housing provider notifies the service manager that it is of the view that requiring the household to comply with those subsections is inappropriate in the circumstances. O. Reg. 298/01, s. 5 (6).

(7)  The application must include a consent to the disclosure to the service manager of information and documents required by the service manager for the purpose of processing the application including, but not limited to, determining the eligibility of the household for rent-geared-to-income assistance, determining the size and type of unit in respect of which the household is eligible to receive rent-geared-to-income assistance, determining the placement of the household on waiting lists, and determining the amount of geared-to-income rent payable by the household. O. Reg. 298/01, s. 5 (7).

(8)  The application and the consent must be signed by such members of the household as the service manager may require. O. Reg. 309/07, s. 2 (1).

(9)  If a member of the household who is required to sign the application and consent is unable to do so for any reason, or is unable to make a valid application and give a valid consent, the application and consent may be signed on the member’s behalf by another individual who,

(a) is the parent or guardian of the member;

(b) is an attorney of the member under a power of attorney that authorizes the attorney to make the application and give the consent on the member’s behalf; or

(c) is otherwise authorized to make the application and give the consent on the member’s behalf. O. Reg. 298/01, s. 5 (9); O. Reg. 309/07, s. 2 (2).

(10)  If the service manager is satisfied that the household or a third party is unable to provide information or a document, the service manager shall not require the household or the third party to provide that information or document. O. Reg. 298/01, s. 5 (10).

(11)  If a request for inclusion in the special priority household category is made with the household’s application for rent-geared-to-income assistance, and if the member making the request believes that he or she will be at risk of being abused by the abusing individual if he or she attempts to obtain information or a document relating to the application for rent-geared-to-income assistance, the service manager shall not require the member to provide that information or document. O. Reg. 298/01, s. 5 (11).

(12)  Upon receiving an application for rent-geared-to-income assistance, the service manager shall determine whether,

(a) the application and the consent have been filled out and signed; and

(b) the service manager has received all other information and documents required by this Regulation or by the service manager, including information and documents from third parties that the service manager requires for the purpose of verifying information and documents provided by the household. O. Reg. 298/01, s. 5 (12).

(13)  Within seven business days after receiving the application or within such longer time frame as may be determined by the service manager, the service manager shall give the household a written notice,

(a) stating that the application is complete, if the service manager has determined that the conditions set out in subsection (12) have been met; or

(b) stating that the application is not complete and explaining why it is not complete, if the service manager has determined that the conditions set out in subsection (12) have not been met. O. Reg. 298/01, s. 5 (13); O. Reg. 556/05, s. 1.

(14)  If the service manager gives the household a written notice stating that the application is not complete, the service manager shall, if it determines subsequently that the conditions set out in subsection (12) have been met, promptly give the household a written notice stating that the application is now complete. O. Reg. 298/01, s. 5 (14).

(15)  The application shall be considered to be complete for the purposes of this Regulation on the date of the written notice given by the service manager stating that the application is complete. O. Reg. 298/01, s. 5 (15).

(16)  The service manager is not required to determine the eligibility of the household for rent-geared-to-income assistance, the size and type of unit in respect of which the household is eligible to receive rent-geared-to-income assistance, or the amount of geared-to-income rent payable by the household, if the household’s application for rent-geared-to-income assistance is not complete. O. Reg. 298/01, s. 5 (16).

Application for special needs housing

6.  (1)  In this section,

“decision-maker” means the service manager, supportive housing provider or lead agency to which a household applies for special needs housing under subsection 71 (1) of the Act. O. Reg. 298/01, s. 6 (1).

(2)  An application by a household for special needs housing must include full particulars of the reasons for which one or more of the members of the household require special needs housing and such other information and documents as the decision-maker may require. O. Reg. 298/01, s. 6 (2).

(3)  If, before the household begins to occupy special needs housing, there is a change in a document or information that the household has provided with respect to its application, the household shall provide such updated document and information as the decision-maker may require within 10 business days from the date that the content of the document or the information ceases to be accurate, or within such longer period as the decision-maker may allow. O. Reg. 85/02, s. 2.

(3.1)  A decision-maker may extend, one or more times, the period within which a household must provide an updated document or information under subsection (3), and each extension of a period may be made either before or after the expiry of the period. O. Reg. 220/04, s. 2.

(4)  The application must include a consent to the disclosure to the decision-maker of information and documents required by the decision-maker for the purpose of processing the application including, but not limited to, determining the eligibility of the household for special needs housing and determining the size and type of unit for which the household is eligible. O. Reg. 298/01, s. 6 (4).

(5)  The application and the consent must be signed by such members of the household as the service manager may require. O. Reg. 309/07, s. 3 (1).

(6)  If a member of the household who is required to sign the application and consent is unable to do so for any reason, or is unable to make a valid application and give a valid consent, the application and consent may be signed on the member’s behalf by another individual who,

(a) is the parent or guardian of the member;

(b) is an attorney of the member under a power of attorney that authorizes the attorney to make the application and give the consent on the member’s behalf; or

(c) is otherwise authorized to make the application and give the consent on the member’s behalf. O. Reg. 298/01, s. 6 (6); O. Reg. 309/07, s. 3 (2).

(7)  If the decision-maker is satisfied that the household or a third party is unable to provide information or a document, the decision-maker shall not require the household or the third party to provide that information or document. O. Reg. 298/01, s. 6 (7).

(7.1)  If a request for inclusion in the special priority household category is made with the household’s application for special needs housing, and if the member making the request believes that he or she will be at risk of being abused by the abusing individual if he or she attempts to obtain information or a document relating to the application for special needs housing, the service manager shall not require the member to provide that information or document. O. Reg. 220/04, s. 2.

(8)  Upon receiving an application for special needs housing, the decision-maker shall determine whether,

(a) the application and the consent have been filled out and signed; and

(b) the decision-maker has received all other information and documents required by this Regulation or by the decision-maker, including information and documents from third parties that the decision-maker requires for the purpose of verifying information and documents provided by the household. O. Reg. 298/01, s. 6 (8).

(9)  Within seven business days after receiving the application or within such longer time frame as may be determined by the decision-maker, the decision-maker shall give the household a written notice,

(a) stating that the application is complete, if the decision-maker has determined that the conditions set out in subsection (8) have been met; or

(b) stating that the application is not complete and explaining why it is not complete, if the decision-maker has determined that the conditions set out in subsection (8) have not been met. O. Reg. 298/01, s. 6 (9); O. Reg. 556/05, s. 2.

(10)  If the decision-maker gives the household a written notice stating that the application is not complete, the decision-maker shall, if it determines subsequently that the conditions set out in subsection (8) have been met, promptly give the household a written notice stating that the application is now complete. O. Reg. 298/01, s. 6 (10).

(11)  The application shall be considered to be complete for the purposes of this Regulation on the date of the written notice given by the decision-maker stating that the application is complete. O. Reg. 298/01, s. 6 (11).

(12)  The decision-maker is not required to determine the eligibility of the household for special needs housing or the size and type of unit for which the household is eligible, if the household’s application for special needs housing is not complete. O. Reg. 298/01, s. 6 (12).

PART III
ELIGIBILITY RULES

Rent-Geared-to-Income Assistance

Eligibility requirements

7.  (1)  A household is eligible for rent-geared-to-income assistance if,

(a) at least one member of the household is 16 years old or older and is able to live independently;

(b) each member of the household meets at least one of the following criteria:

(i) the member is a Canadian citizen,

(ii) the member has made an application for status as a permanent resident under the Immigration and Refugee Protection Act (Canada), or

(iii) the member has made a claim for refugee protection under the Immigration and Refugee Protection Act (Canada);

(c) no removal order has become enforceable under the Immigration and Refugee Protection Act (Canada) against any member of the household;

(d) Revoked: O. Reg. 220/04, s. 3 (3).

(e) in the case of a household other than a special priority household, no member of the household owes, with respect to a previous tenancy in any housing project under any housing program,

(i) arrears of rent,

(ii) money owed as the result of a reimbursement requested by a service manager under section 86 of the Act, or

(iii) money owed in respect of damage caused by a member of the household;

(e.1) in the case of a household other than a special priority household, a member of the household, with respect to a previous tenancy in any housing project under any housing program, owes arrears or money owed as set out in clause (e) and,

(i) the service manager is satisfied that extenuating circumstances exist, or

(ii) any member of the household has entered into an agreement, or made reasonable efforts to enter into an agreement, with the housing provider for the repayment of the arrears or money owed and the service manager is satisfied that the member is making or intends to make all reasonable efforts to repay the arrears or the money owed;

(f) in the case of a special priority household, no member of the household owes, with respect to a previous tenancy in any housing project under any housing program,

(i) arrears of rent,

(ii) money owed as the result of a reimbursement requested by a service manager under section 86 of the Act, or

(iii) money owed in respect of damage caused by a member of the household;

(f.1) in the case of a special priority household, a member of the household, with respect to a previous tenancy in any housing project under any housing program, owes arrears or money owed as set out in clause (f) and,

(i) in the case of arrears or money owed in respect of a unit of which the member and the abusing individual are joint tenants,

(A) the service manager is satisfied that extenuating circumstances exist, or

(B) any member of the household has entered into an agreement, or made reasonable efforts to enter into an agreement, with the housing provider for the repayment of 50 per cent of the arrears or money owed and the service manager is satisfied that the member is making or intends to make all reasonable efforts to repay 50 per cent of the arrears or money owed, and

(ii) in the case of arrears or money owed in respect of any other unit,

(A) the service manager is satisfied that extenuating circumstances exist, or

(B) any member of the household has entered into an agreement, or made reasonable efforts to enter into an agreement, with the housing provider for the repayment of the arrears or money owed and the service manager is satisfied that the member is making or intends to make all reasonable efforts to repay the arrears or money owed;

(g) one of subclauses (i) and (ii) is true:

(i) no member of the household has been convicted of an offence under section 85 of the Act or a crime under the Criminal Code (Canada) in relation to the receipt of rent-geared-to-income assistance, and if an individual who was, but is no longer, a member of the household has been convicted of such an offence or crime, the service manager determines that,

(A) no member of the household knew that the individual who was convicted of the offence or crime was committing it, or

(B) a member of the household knew that the individual who was convicted of the offence or crime was committing it, but the member was not reasonably able to prevent the individual from committing it, or

(ii) a member of the household has been convicted of an offence under section 85 of the Act or a crime under the Criminal Code (Canada) in relation to the receipt of rent-geared-to-income assistance, but the household has previously been determined to be ineligible for rent-geared-to-income assistance because of that conviction; and

(h) one of subclauses (i) and (ii) is true:

(i) no member of the household has been found by the Ontario Rental Housing Tribunal, the Landlord and Tenant Board or a court of law to have misrepresented his or her income or the income of his or her household in relation to the receipt of rent-geared-to-income assistance, and if an individual who was, but is no longer, a member of the household has been found to have made such a misrepresentation, the service manager determines that,

(A) no member of the household knew that the individual who was found to have made the misrepresentation was making it, or

(B) a member of the household knew that the individual who was found to have made the misrepresentation was making it, but the member was not reasonably able to prevent the individual from making the misrepresentation, or

(ii) a member of the household has been found by the Ontario Rental Housing Tribunal, the Landlord and Tenant Board or a court of law to have misrepresented his or her income or the income of his or her household in relation to the receipt of rent-geared-to-income assistance, but,

(A) the household has previously been determined to be ineligible for rent-geared-to-income assistance because of that finding, or

(B) the service manager determines that the member who was found to have made the misrepresentation is an abused member of a special priority household who was forced to make the misrepresentation by the abusing individual. O. Reg. 298/01, s. 7 (1); O. Reg. 85/02, s. 3; O. Reg. 220/04, s. 3 (1-3); O. Reg. 556/05, s. 3; O. Reg. 309/07, s. 4.

(2)  For the purpose of clause (1) (a),

(a) an individual is able to live independently if he or she is able to perform for himself or herself the normal essential activities of day-to-day living;

(b) an individual shall be deemed to be able to live independently if the individual is able to live independently with the aid of certain support services and demonstrates that those support services will be provided to him or her when they are required. O. Reg. 298/01, s. 7 (2).

(3)-(5)  Revoked: O. Reg. 220/04, s. 3 (4).

Local eligibility rules, income and asset limits

8.  (1)  A service manager may establish a local eligibility rule stating that a household is not eligible for rent-geared-to-income assistance in a unit in the service area unless the gross household income of the household, as determined under subsections (9) and (10), for a 12-month period determined by the service manager, is less than or equal to the maximum gross household income amount applicable to the unit, as specified in the local eligibility rule. O. Reg. 298/01, s. 8 (1).

(2)  For the purpose of establishing a local eligibility rule described in subsection (1), a service manager may establish the maximum gross household income amounts that are to apply to units in the service area. O. Reg. 298/01, s. 8 (2).

(3)  A service manager may establish a local eligibility rule stating that a household is not eligible for rent-geared-to-income assistance in a unit in the service area unless the aggregate household assets value of the household, as determined under subsections (11), (12) and (13), on the most recent date on which the service manager received information or documents respecting the household’s assets, is less than or equal to the maximum aggregate household assets amount applicable to the unit, as specified in the local eligibility rule. O. Reg. 298/01, s. 8 (3).

(4)  For the purpose of establishing a local eligibility rule described in subsection (3), a service manager may establish the maximum aggregate household assets amounts that are to apply to units in the service area. O. Reg. 298/01, s. 8 (4).

(5)  The service manager may establish,

(a) different maximum gross household income amounts for units of different sizes and for units in different parts of the service area;

(b) different maximum aggregate household assets amounts for units of different sizes and for units in different parts of the service area. O. Reg. 298/01, s. 8 (5).

(6)  The service manager may from time to time establish new maximum gross household income amounts and new maximum aggregate household assets amounts to replace the old ones. O. Reg. 298/01, s. 8 (6).

(7)  A service manager shall not establish a maximum gross household income amount for a unit that is less than the household income limit prescribed for a unit of that type and size for the purposes of clause 11 (1) (a) of the Act. O. Reg. 298/01, s. 8 (7).

(8)  A service manager shall not establish a maximum aggregate household assets amount that is less than $20,000. O. Reg. 298/01, s. 8 (8).

(9)  For the purpose of a local eligibility rule established by a service manager under subsection (1), the gross household income of a household, for a 12-month period determined by the service manager, is the sum of all payments of any nature paid to or on behalf of or for the benefit of each of the members of the household during that period, subject to subsection (10). O. Reg. 298/01, s. 8 (9).

(10)  The service manager may establish a local eligibility rule requiring that specified payments be excluded for the purpose of determining the gross household income of a household and, in that case, the gross household income of a household, for a 12-month period determined by the service manager, is the sum of all payments of any nature paid to or on behalf of or for the benefit of each of the members of the household during that period, excluding the payments that are required to be excluded under the local eligibility rule. O. Reg. 298/01, s. 8 (10).

(11)  For the purpose of a local eligibility rule established by a service manager under subsection (3), the aggregate household assets value of a household on a given date is the sum of the values of the interests in assets of each of the members of the household on that date. O. Reg. 298/01, s. 8 (11).

(12)  For the purpose of subsection (11), the following shall not be included in assets:

1. An interest in a motor vehicle that is not used primarily for the operation of a business by a member of the household.

2. Tools of the trade that are essential to the employment of a member of the household.

3. If one member of a household has an interest in or operates one business, business assets that are necessary to the operation of that business, to a maximum of $20,000.

4. If more than one member of a household has an interest in or operates the same business, business assets that are necessary to the operation of that business, to a maximum of $20,000 for the business.

5. If one member of the household has an interest in or operates more than one business, business assets that are necessary to the operation of those businesses, to a maximum of $20,000 for the member.

6. A student grant, loan or award, so long as the member of the household for whose benefit the grant, loan or award is provided remains in attendance in the program of study for which it is intended.

7. A prepaid funeral.

8. An amount received as damages or compensation for,

i. pain and suffering resulting from an injury to or the death of a member of the household, or

ii. expenses reasonably incurred or to be incurred as a result of an injury to or the death of a member of the household.

9. A payment received under any of the following agreements to which the Province of Ontario is a party:

i. The Helpline Reconciliation Model Agreement.

ii. The Multi-Provincial/Territorial Assistance Program Agreement.

iii. The Grandview Agreement.

10. A payment received under the Extraordinary Assistance Plan (Canada).

11. The cash surrender value of all life insurance policies held by members of the household, to a maximum of $100,000 for the household.

12. That portion of a loan taken against a life insurance policy that has been or will be used for disability-related items or services.

13. A payment received under the Ontario Hepatitis C Assistance Plan.

14. That portion of a payment received under the Ministry of Community and Social Services Act for the successful participation by a member of the household in a program of activities described in paragraph 9 of section 26 of Ontario Regulation 134/98 under the Ontario Works Act, 1997 that,

i. within a reasonable period, as determined by the service manager, is to be used for the member’s post-secondary education, or

ii. is paid into a Registered Education Savings Plan for one or more of the member’s children.

15. A Canada Education Savings Grant paid into a Registered Education Savings Plan for a child of a member of the household.

16. A lump sum payment received under the 1986-1990 Hepatitis C Settlement Agreement made as of June 15, 1999 among the Attorney General of Canada, Her Majesty the Queen in right of Ontario and others.

17. A payment received from Human Resources Development Canada under the program called the “Opportunities Fund for Persons with Disabilities”, if the payment has been or will be applied to costs incurred or to be incurred as a result of participation in employment-related activities.

18. Clothing, jewellery and other personal effects of a member of the household.

19. Furniture, appliances, furnishings and decorative or artistic items located in the accommodation occupied by members of the household, unless used by a member of the household primarily for the purpose of operating a business.

20. A payment received from the Government of Alberta as compensation for sterilization.

21. A payment received under the Walkerton Compensation Plan.

22. A beneficial interest in assets of a disabled member of the household, to a maximum of $100,000, where the assets are held in one or more trusts and are available to be used for maintenance and where the capital of the trusts is derived from an inheritance or from the proceeds of a life insurance policy. O. Reg. 298/01, s. 8 (12); O. Reg. 309/07, s. 5.

(13)  A service manager may establish a local eligibility rule specifying additional things that shall not be included in assets for the purpose of subsection (11). O. Reg. 298/01, s. 8 (13).

Divestment of residential property

9.  (1)  If a household is receiving rent-geared-to-income assistance, each member of the household who has a legal or beneficial interest in a freehold or leasehold estate in residential property located in or outside Ontario that is suitable for year-round occupancy shall divest himself or herself of his or her interest in the property and shall give written notice to the service manager of the divestment. O. Reg. 298/01, s. 9 (1).

(2)  The divestment must occur and the notice must be given,

(a) within 180 days after the first day of the month in respect of which the household begins to receive rent-geared-to-income assistance, if the member has the interest in the property at the time the household begins to receive rent-geared-to-income assistance; or

(b) within 180 days after the first day of the month in which the member acquires the interest in the property, if the member acquires the interest in the property after the household begins to receive rent-geared-to-income assistance. O. Reg. 298/01, s. 9 (2).

(3)  The service manager may extend the time for effecting the divestment and giving the notice for such period of time as the service manager considers appropriate, if the service manager is satisfied that there are reasonable grounds to do so. O. Reg. 298/01, s. 9 (3).

(4)  If the interest in the estate in the residential property is held jointly by an abused member of a special priority household and the abusing individual, and if the abused member notifies the service manager that he or she believes that the divestment or the taking of steps to effect the divestment would place him or her at risk of abuse from the abusing individual, the service manager shall extend the time for effecting the divestment and giving the notice for such period of time as the service manager considers appropriate. O. Reg. 298/01, s. 9 (4).

(5)  In this section,

“divest”, in relation to a legal or beneficial interest in a freehold or leasehold estate in property, means to complete the transfer of the interest in the property or to terminate the lease of the property; (“se dessaisir”)

“residential property” means,

(a) a property all of which is used for residential purposes or any portion of such a property, or

(b) in the case of a property part of which is used for residential purposes and part of which is used for other purposes, any portion that is used for residential purposes. (“bien résidentiel”) O. Reg. 298/01, s. 9 (5).

Notice of changes

10.  (1)  A household receiving rent-geared-to-income assistance shall,

(a) within 10 business days after each change in a document or information that the household has provided to the service manager, or within such longer period as the service manager may allow, give the service manager notice setting out the change in the form and manner required by the service manager; and

(b) in the case of a change in a document, provide the changed document to the service manager within the period of time specified by the service manager. O. Reg. 298/01, s. 10 (1); O. Reg. 409/01, s. 4; O. Reg. 85/02, s. 4.

(1.1)  A service manager may extend, one or more times, the period within which a household must give the service manager notice under clause (1) (a) and the period initially specified by the service manager under clause (1) (b), and each extension of a period may be made either before or after the expiry of the period. O. Reg. 220/04, s. 4.

(2)  This section does not apply to a household receiving rent-geared-to-income assistance in a unit provided by an alternative housing provider under its mandate to provide housing to households that are homeless or hard to house, if the alternative housing provider notifies the service manager that it is of the view that requiring the household to comply with this section is inappropriate in the circumstances. O. Reg. 298/01, s. 10 (2).

Review of eligibility

11.  (1)  Once in every 24-month period after a household is determined to be eligible for rent-geared-to-income assistance, the service manager shall review the eligibility of the household and shall determine whether the household continues to be eligible for rent-geared-to-income assistance. O. Reg. 556/05, s. 4.

(2)  Once in every 12-month period after a household begins to receive rent-geared-to-income assistance, the service manager shall review the eligibility of the household and shall determine whether the household continues to be eligible for rent-geared-to-income assistance. O. Reg. 556/05, s. 4.

(2.1)  The service manager may review the eligibility of the household more frequently than as set out in subsections (1) and (2), if the service manager considers such a review to be desirable. O. Reg. 556/05, s. 4.

(3)  The household subject to the review shall provide such information and documents as the service manager may require within the time period specified by the service manager. O. Reg. 298/01, s. 11 (3).

(3.1)  A service manager may extend, one or more times, the period initially specified by the service manager under subsection (3), and each extension of a period may be made either before or after the expiry of the period. O. Reg. 220/04, s. 5 (1).

(3.2)  Subsection (3) does not apply to a household that is in housing, or is on a waiting list for housing, provided by an alternative housing provider under its mandate to provide housing to households that are homeless or hard to house, if the alternative housing provider notifies the service manager that it is of the view that requiring the household to comply with subsection (3) is inappropriate in the circumstances. O. Reg. 220/04, s. 5 (1).

(4)  The service manager may require a consent signed by any member of the household who is 16 years old or older, consenting to the disclosure to the service manager of information and documents required by the service manager for the purpose of the review. O. Reg. 298/01, s. 11 (4).

(5)  Subsection 5 (9) applies, with necessary modifications, to a consent under this section. O. Reg. 298/01, s. 11 (5).

(6)  Subsections 5 (3), (4), (10) and (11) apply, with necessary modifications, to a review under this section. O. Reg. 298/01, s. 11 (6); O. Reg. 220/04, s. 5 (2).

Cessation of eligibility

12.  (1)  A household that has been determined by a service manager to be eligible for rent-geared-to-income assistance ceases to be eligible for such assistance, whether or not the household is receiving such assistance, if,

(a) the service manager discovers that, at the time of the initial or a subsequent determination of eligibility, the household did not meet an eligibility requirement set out in subsection 7 (1);

(b) the household has ceased to meet, or does not meet, an eligibility requirement set out in subsection 7 (1);

(c) Revoked: O. Reg. 309/07, s. 6 (1).

(d) subject to subsections (2) and (3), the service manager discovers that, at the time of the initial or a previous determination of eligibility, the household did not satisfy a local eligibility rule that had been established by the service manager under section 8;

(e) subject to subsections (2) and (3), the household has ceased to satisfy, or does not satisfy, a local eligibility rule established by the service manager under section 8;

(f) the household fails to comply with subsection 5 (5);

(g) a member of the household fails to comply with section 9;

(h) the household fails to comply with section 10, and the change in respect of which the household was required to notify the service manager would have resulted in,

(i) an increase in the geared-to-income rent payable by it, or

(ii) the household no longer being eligible for the unit it occupied;

(i) the household fails to comply with section 11;

(j) the household ceases to be eligible under paragraph 3 of section 33;

(j.1) the household fails to comply with paragraph 8.1, 8.2 or 8.3 of section 37;

(k) the household ceases to be eligible under section 39 as a result of refusing three offers of a rent-geared-to-income unit; or

(l) the household fails to comply with section 52. O. Reg. 298/01, s. 12 (1); O. Reg. 309/07, s. 6.

(1.1)  Despite subsection (1), a service manager may determine that a household that has otherwise ceased to be eligible for rent-geared-to-income assistance continues to be eligible for such assistance if the service manager is satisfied that extenuating circumstances exist. O. Reg. 556/05, s. 5.

(2)  If a household is receiving rent-geared-to-income assistance in a unit at the time a service manager establishes a maximum gross household income amount applicable to the unit for the purposes of a local eligibility rule established under subsection 8 (1),

(a) if the gross household income of the household, as determined under subsections 8 (9) and (10), exceeds the maximum gross household income amount at the time of its establishment, the household does not cease to be eligible for rent-geared-to-income assistance for a failure to satisfy the local eligibility rule;

(b) if the gross household income of the household, as determined under subsections 8 (9) and (10), does not exceed the maximum gross household income amount at the time of its establishment but subsequently increases to the point where it exceeds the maximum gross household income amount, the household ceases at that point to be eligible for rent-geared-to-income assistance for a failure to satisfy the local eligibility rule. O. Reg. 298/01, s. 12 (2).

(3)  If a household is receiving rent-geared-to-income assistance in a unit at the time a service manager establishes a maximum aggregate household assets amount applicable to the unit for the purposes of a local eligibility rule established under subsection 8 (3),

(a) if the aggregate household assets value of the household, as determined under subsections 8 (11), (12) and (13), exceeds the maximum aggregate household assets amount at the time of its establishment, the household does not cease to be eligible for rent-geared-to-income assistance for a failure to satisfy the local eligibility rule;

(b) if the aggregate household assets value of the household, as determined under subsections 8 (11), (12) and (13), does not exceed the maximum aggregate household assets amount at the time of its establishment but subsequently increases to the point where it exceeds the maximum aggregate household assets amount, the household ceases at that point to be eligible for rent-geared-to-income assistance for a failure to satisfy the local eligibility rule. O. Reg. 298/01, s. 12 (3).

(4)  A household receiving rent-geared-to-income assistance ceases to be eligible for such assistance if, for a period of 12 consecutive months, the geared-to-income rent payable by it for the unit it occupies, as determined under section 47, is equivalent to the rent that would be payable for the unit by a household not receiving rent-geared-to-income assistance. O. Reg. 298/01, s. 12 (4).

(5)  In the case of a household that is receiving rent-geared-to-income assistance, if the service manager is of the opinion that a member of the household may be eligible to receive income of a type set out in subsection (6) and the member is not receiving such income, the service manager shall give the household a written notice,

(a) stating that the member may be eligible to receive income of the type specified in the notice;

(b) requesting the member to apply for that income and to make reasonable efforts to do whatever is required for the purpose of obtaining a decision on the application and receiving that income; and

(c) giving the household a reasonable period of time specified in the notice within which to inform the service manager of the results of the application. O. Reg. 220/04, s. 6.

(6)  The types of income referred to in subsection (5) are:

1. Basic financial assistance under the Ontario Works Act, 1997.

2. Support under the Divorce Act (Canada), the Family Law Act or the Interjurisdictional Support Orders Act, 2002.

3. Benefits under the Employment Insurance Act (Canada).

4. Any pension or other benefit that an individual who is 65 years of age or older is or may be entitled to receive from the Government of Ontario or the Government of Canada, other than a pension or other benefit that is available to an individual before the month in which the individual attains 65 years of age.

5. Support or maintenance resulting from an undertaking given with respect to the member under the Immigration Act (Canada) or the Immigration and Refugee Protection Act (Canada). O. Reg. 220/04, s. 6.

(7)  A household that has been given a notice under subsection (5) ceases to be eligible for rent-geared-to-income assistance if the service manager,

(a) receives no response from the household within the period of time specified in the notice; or

(b) concludes, on the basis of a response received from the household within the period of time specified in the notice, that the member has failed to make reasonable efforts to obtain income of the type specified in the notice. O. Reg. 220/04, s. 6.

Local eligibility rule, absence from unit

13.  (1)  A service manager may establish a local eligibility rule stating that,

(a) a household receiving rent-geared-to-income assistance ceases to be eligible for such assistance if all of the members of the household have been absent from the unit for at least the maximum absence period specified in the rule;

(b) if a household has only one member and that member is absent from the unit for a period of time because of medical reasons, the member shall be deemed not to be absent from the unit during that period for the purpose of clause (a); and

(c) if a household has two or more members, one member is absent from the unit for a period of time because of medical reasons, and the others are absent from the unit for that period of time because they need to be accommodated elsewhere as a result of the absence of the first member, all the members of the household shall be deemed not to be absent from the unit during that period for the purpose of clause (a). O. Reg. 298/01, s. 13 (1).

(2)  A service manager may establish a maximum absence period for the purpose of establishing a local eligibility rule described in subsection (1), and the service manager may from time to time establish a new maximum absence period to replace the old one. O. Reg. 298/01, s. 13 (2).

(3)  A maximum absence period shall be a period consisting of a specified number of consecutive days. O. Reg. 298/01, s. 13 (3).

(4)  A service manager shall not establish a maximum absence period that is less than 60 consecutive days. O. Reg. 298/01, s. 13 (4).

Consequences of cessation of eligibility

14.  (1)  If a service manager determines that a household receiving rent-geared-to-income assistance has ceased to be eligible for such assistance,

(a) the service manager shall cease to provide rent-geared-to-income assistance in respect of the household, beginning with the month specified in subsection (3); and

(b) the household shall pay rent for the unit it occupies at the rate at which rent is payable for the unit by a household not receiving rent-geared-to-income assistance, beginning with the month specified in subsection (3). O. Reg. 298/01, s. 14 (1).

(2)  Subsection (1) does not apply if one or more members of the household request an internal review of the service manager’s decision and the service manager’s decision is reversed on the internal review. O. Reg. 298/01, s. 14 (2).

(3)  The month as of which the provision of rent-geared-to-income assistance must cease and the payment of the higher rent must begin is the month immediately following the 90th day after the date the service manager gives the household written notice under subsection 66 (5) of the Act of the service manager’s decision that the household has ceased to be eligible for rent-geared-to-income assistance. O. Reg. 298/01, s. 14 (3).

Notice to housing provider

15.  Within seven business days after determining that a household receiving rent-geared-to-income assistance in a unit has ceased to be eligible for such assistance or within such longer time frame as may be determined by the service manager, a service manager shall give the housing provider providing the unit written notice of the service manager’s decision and of the review process available to members of the household in respect of the decision. O. Reg. 556/05, s. 6.

Reapplication

16.  (1)  A household that is determined by a service manager to be ineligible for rent-geared-to-income assistance because it fails to meet the requirements of clause 7 (1) (g) may not reapply for rent-geared-to-income assistance for a period of two years from the date of the offence or crime referred to in subclause 7 (1) (g) (i) or (ii). O. Reg. 309/07, s. 7.

(2)  A household that is determined by a service manager to be ineligible for rent-geared-to-income assistance because it fails to meet the requirements of clause 7 (1) (h) may not reapply for rent-geared-to-income assistance for a period of two years from the date of the misrepresentation referred to in subclause 7 (1) (h) (i) or (ii). O. Reg. 309/07, s. 7.

Local eligibility rule, reapplication

17.  (1)  A service manager may establish a local eligibility rule that is identical to subsection 16 (1) except for the fact that the period specified by the service manager is a period longer than two years. O. Reg. 298/01, s. 17 (1).

(2)  A service manager may establish a local eligibility rule that is identical to subsection 16 (2) except for the fact that the period specified by the service manager is a period longer than two years. O. Reg. 298/01, s. 17 (2).

Special Needs Housing

Interpretation

18.  In the case of a service area to which this Regulation applies by virtue of subsection 1 (1), a reference in section 20, 21 or 22 to a supportive housing provider shall be interpreted as follows:

1. If a lead agency is designated for the service area and if, in making the designation, the Lieutenant Governor in Council has transferred the rights or duties described in section 20, 21 or 22 to the lead agency, the reference in that section to the supportive housing provider shall be deemed to be a reference to the lead agency, and not to the supportive housing provider, during the period in which the designation is in force.

2. If a lead agency is not designated for the service area or if, in making the designation, the Lieutenant Governor in Council has not transferred the rights or duties described in section 20, 21 or 22 to the lead agency, and if one or more supportive housing providers are set out in Column 2 of Table 2 opposite the service manager, the reference in that section to the supportive housing provider shall be interpreted as a reference to the supportive housing providers set out in Column 2 of Table 2 opposite the service manager.

3. In all other cases, the reference in section 20, 21 or 22 to the supportive housing provider shall be deemed to be a reference to the service manager, and not to the supportive housing provider. O. Reg. 298/01, s. 18.

Eligibility requirement

19.  (1)  A household is eligible for special needs housing if one or more of its members require accessibility modifications or provincially-funded support services in order to live independently in the community. O. Reg. 298/01, s. 19 (1).

(2)  A household need not be eligible for rent-geared-to-income assistance in order to be eligible for special needs housing. O. Reg. 298/01, s. 19 (2).

Notice of changes

20.  (1)  A household occupying special needs housing shall,

(a) within 10 business days after each change in a document or information that the household has provided to the supportive housing provider, or within such longer period as the supportive housing provider may allow, give the supportive housing provider notice setting out the change in the form and manner required by the supportive housing provider; and

(b) in the case of a change in a document, provide the changed document to the supportive housing provider within the period of time specified by the supportive housing provider. O. Reg. 298/01, s. 20; O. Reg. 409/01, s. 5; O. Reg. 85/02, s. 5.

(2)  A supportive housing provider may extend, one or more times, the period within which a household must give the supportive housing provider notice under clause (1) (a) and the period initially specified by the supportive housing provider under clause (1) (b), and each extension of a period may be made either before or after the expiry of the period. O. Reg. 220/04, s. 7.

Review of eligibility

21.  (1)  Once in every 24-month period after a household is determined to be eligible for special needs housing, the supportive housing provider shall review the eligibility of the household and shall determine whether the household continues to be eligible for special needs housing. O. Reg. 556/05, s. 7.

(1.1)  Once in every 12-month period after a household begins to occupy special needs housing, the supportive housing provider shall review the eligibility of the household and shall determine,

(a) whether the household continues to be eligible for special needs housing; and

(b) whether the household continues to be eligible for the unit it occupies. O. Reg. 556/05, s. 7.

(1.2)  The supportive housing provider may review the eligibility of the household more frequently than as set out in subsections (1) and (1.1), if the service manager considers such a review to be desirable. O. Reg. 556/05, s. 7.

(2)  The household subject to the review shall provide such information and documents as the supportive housing provider may require within the time period specified by the supportive housing provider. O. Reg. 298/01, s. 21 (2).

(2.1)  A supportive housing provider may extend, one or more times, the period initially specified by the supportive housing provider under subsection (2), and each extension of a period may be made either before or after the expiry of the period. O. Reg. 220/04, s. 8.

(3)  The supportive housing provider may require a consent signed by any member of the household who is 16 years old or older, consenting to the disclosure to the supportive housing provider of information and documents required by the supportive housing provider for the purpose of the review. O. Reg. 298/01, s. 21 (3).

(4)  Subsection 6 (6) applies, with necessary modifications, to a consent under this section. O. Reg. 298/01, s. 21 (4).

(5)  Subsection 6 (7) applies, with necessary modifications, to a review under this section. O. Reg. 298/01, s. 21 (5).

Cessation of eligibility

22.  (1)  A household that has been determined to be eligible for special needs housing ceases to be eligible for such housing, whether or not the household is occupying such housing, if,

(a) the supportive housing provider discovers that, at the time of the initial or a subsequent determination of eligibility, the household did not meet the eligibility requirement set out in section 19;

(b) if the household had one or more members who required accessibility modifications in order to live independently in the community, it no longer has any such members, and if the household had one or more members who required provincially-funded support services in order to live independently in the community, each such member has permanently recovered from the condition that necessitated the provision of support services and will not require support services in the future in respect of that condition;

(c) the household fails to comply with subsection 6 (3);

(d) the household fails to comply with section 20; or

(e) the household fails to comply with section 21. O. Reg. 298/01, s. 22 (1).

(2)  A household that has been determined to be eligible for and that is occupying a modified unit ceases to be eligible for that unit if the household no longer has any members who require the accessibility modifications provided in that unit in order to live independently in the community. O. Reg. 298/01, s. 22 (2).

(3)  A household that has been determined to be eligible for and that is occupying a unit for which provincially-funded support services are provided ceases to be eligible for that unit if each member of the household who required support services in order to live independently in the community no longer requires the support services available for that unit and will not in the future require the support services available for that unit as a result of that condition. O. Reg. 298/01, s. 22 (3).

Time for Making Determinations

Time for making determinations

23.  (1)  A determination about whether a household is eligible for rent-geared-to-income assistance or special needs housing must be made within 30 days after the household’s application is complete or within such longer time as may be determined by the decision-maker. O. Reg. 556/05, s. 8 (1).

(2)  If a request for inclusion in the special priority household category is made with the household’s application for rent-geared-to-income assistance or special needs housing, the determination about whether the household is eligible for rent-geared-to-income assistance or special needs housing must be made within 14 days after the household’s application is complete. O. Reg. 309/07, s. 8 (1).

(2.1)  If a request for inclusion in the special priority household category is made with the household’s application for an internal transfer, the determination about whether a household is to be included in the special priority household category on the waiting list for internal transfers must be made within 14 days after the household’s application is complete. O. Reg. 309/07, s. 8 (1).

(3)  If the members of the household were given an opportunity to comment, under section 80 of the Act, in relation to the determination, the 30-day or other time period referred to in subsection (1) or the 14 days referred to in subsection (2) or (2.1) does not include the time period,

(a) beginning on the day the notice of that opportunity was given under subsection 55 (2); and

(b) ending on the last day comments may be received under subsection 55 (6). O. Reg. 298/01, s. 23 (3); O. Reg. 556/05, s. 8 (2); O. Reg. 309/07, s. 8 (2).

PART IV
SPECIAL PRIORITY HOUSEHOLD CATEGORY

Application and interpretation of ss. 24 and 25

23.1  (1)  Sections 24 and 25 apply as follows with respect to requests to be included in the special priority household category on the waiting list for internal transfers:

1. To every housing provider in respect of a transferred housing project referred to in section 92 of the Act that is subject to Part VI of the Act, commencing on the date set out in Table 1 of Ontario Regulation 339/01 (Housing Projects Subject to Part VI of the Act) made under the Act, opposite the housing project.

2. To a local housing corporation in the manner required by section 32 of the Act and Part IX of Ontario Regulation 339/01 in respect of a housing project, commencing on the first day Ontario Regulation 339/01 applies to a housing provider in respect of a housing project in the service area in which the local housing corporation is located. O. Reg. 309/07, s. 9.

(2)  If a request under section 24 is for inclusion in the special priority household category on the waiting list for internal transfers, any reference in section 24 or 25 to a service manager, supportive housing provider or lead agency is deemed to be a reference only to a service manager, except where otherwise provided. O. Reg. 309/07, s. 9.

Request to be special priority household

24.  (1)  If a household is applying to a service manager for rent-geared-to-income assistance, any member of the household who is 16 years old or older may request the service manager to determine that the household should be included in the special priority household category on the centralized waiting list established under section 35. O. Reg. 220/04, s. 9 (1).

(1.1)  If a household is applying to a service manager, supportive housing provider or lead agency for special needs housing, any member of the household who is 16 years old or older may request the service manager, supportive housing provider or lead agency, as the case may be, to determine that the household should be included in the special priority household category on a waiting list for special needs housing established under section 74 of the Act O. Reg. 220/04, s. 9 (1).

(1.2)  If a household is applying to a housing provider for an internal transfer, any member of the household who is 16 years old or older may request that the service manager determine whether it should be included in the special priority household category on the waiting list for internal transfers. O. Reg. 309/07, s. 10 (1).

(2)  A request for a determination that a household should be included in the special priority household category may not be made except as provided in subsection (1), (1.1) or (1.2). O. Reg. 298/01, s. 24 (2); O. Reg. 220/04, s. 9 (2); O. Reg. 309/07, s. 10 (2).

(3)  The request must be in writing and must state that,

(a) a member of the household has been subject to abuse from another individual;

(b) the abusing individual is or was living with the member or is sponsoring the member as an immigrant; and

(c) the abused member intends to live permanently apart from the abusing individual. O. Reg. 298/01, s. 24 (3).

(4)  The request must be signed by the member making the request. O. Reg. 298/01, s. 24 (4).

(5)  If the member making the request is unable for any reason to sign the request or to make a valid request, the request may be signed on the member’s behalf by another individual who,

(a) is the parent or guardian of the member;

(b) is an attorney of the member under a power of attorney that authorizes the attorney to make the request on the member’s behalf; or

(c) is otherwise authorized to make the request on the member’s behalf. O. Reg. 298/01, s. 24 (5).