O. Reg. 318/19: GENERAL
filed September 23, 2019 under Housing Services Act, 2011, S.O. 2011, c. 6, Sched. 1
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made under the
Housing Services Act, 2011
Made: September 19, 2019
Filed: September 23, 2019
Published on e-Laws: September 23, 2019
Printed in The Ontario Gazette: October 12, 2019
Amending O. Reg. 367/11
(GENERAL)
1. Section 23 of Ontario Regulation 367/11 is amended by striking out “32.1” and substituting “32.2”.
2. The Regulation is amended by adding the following section:
Cessation of eligibility – refusal of offer
32.2 (1) A household ceases to be eligible for rent-geared-to-income assistance if the household refuses an offer by the service manager for such assistance in a unit in the service manager’s service area that,
(a) meets the service manager’s occupancy standards; and
(b) is in a housing project for which the household has expressed a preference.
(2) A household’s refusal of an offer of a portable housing benefit shall not be considered a refusal under subsection (1).
(3) Despite subsection (1), a service manager may determine that the household remains eligible if the service manager is satisfied that there are extenuating circumstances.
(4) The provincial eligibility rules described in subsections (1) to (3) begin to apply on,
(a) a date chosen by the service manager that is no later than January 1, 2021; or
(b) if no date is chosen, January 1, 2021,
and until that date, any local eligibility rule that was made by the service manager under section 39, as it read immediately before it was revoked, continues to apply.
(5) The service manager shall make reasonable efforts to notify households about the provincial eligibility rules described subsection (1) to (3).
(6) For a household that is on the centralized waiting list required under section 46, the service manager shall make reasonable efforts to notify the household about the provincial eligibility rules described in subsections (1) to (3) before the date the rules begin to apply.
3. Subsection 33 (1) of the Regulation is amended by striking out “34 to 39” and substituting “34 to 38”.
4. Section 38 of the Regulation is amended by adding the following subsection:
(4) The process referred to in subsection (3) must provide that,
(a) a household ceases to be eligible if, after the expiry of the period referred to in subsection (2), the household refuses an offer to transfer to a unit that is permissible under the service manager’s occupancy standards; and
(b) a service manager may determine that the household remains eligible if the service manager is satisfied that there are extenuating circumstances.
5. Section 39 of the Regulation is revoked.
6. Paragraphs 2 and 3 of subsection 46 (1) of the Regulation are revoked.
7. The Regulation is amended by adding the following section:
System requirements – household preferences
46.1 (1) A service manager’s system for selecting households must include rules that provide for a household to indicate preferences for housing projects in the service manager’s service area.
(2) The rules shall provide that, until a household has indicated a preference for a housing project, the preference of the household shall be any housing project in the service manager’s service area or in any part of the service area determined by the service manager.
(3) The rules shall permit a household to change or remove its preference for a housing project.
(4) The service manager shall make reasonable efforts to notify households about the services manager’s rules under subsections (1) to (3).
8. (1) Paragraph 1 of subsection 47 (1) of the Regulation is amended by adding “5.1” after “paragraphs 5”.
(2) Subsection 47 (1) of the Regulation is amended by adding the following paragraph:
5.1 The housing provider may select a household, with the approval of the service manager, regardless of whether or not the household is on the centralized waiting list required under section 46, if the household,
i. occupies a unit operated by a different housing provider in the service area,
ii. is already receiving rent-geared-to-income assistance, and
iii. has requested a transfer to a unit operated by the housing provider in the service area.
(3) Paragraph 6 of subsection 47 (1) of the Regulation is amended by striking out “paragraph 5” and substituting “paragraph 5 or 5.1”.
(4) Subsection 47 (3) of the Regulation is amended by striking out “paragraph 5 or 7” and substituting “paragraph 5, 5.1 or 7”.
9. Subsection 50 (1) of the Regulation is amended by adding the following paragraph:
5. All of the following criteria are satisfied:
i. Within the past five years,
A. the tenancy of a member of the household was ordered terminated by the Landlord and Tenant Board based on a notice of termination given under section 61 of the Residential Tenancies Act, 2006, or
B. the occupancy of a member of the household in a member unit of a non-profit housing co-operative was ordered terminated by the Landlord and Tenant Board based on a notice of termination given under paragraph 5 of section 94.2 of that Act.
ii. The tenancy or occupancy that was ordered terminated was in a designated housing project.
iii. The order terminating the tenancy or occupancy has not been cancelled under section 21.2 of the Statutory Powers Procedure Act or overturned under section 210 of the Residential Tenancies Act, 2006.
iv. The order terminating the tenancy or occupancy was grounded on an illegal act, trade, business or occupation involving one or more of the following:
A. An illegal act, trade, business or occupation described in clause 61 (2) (a) or 94.4 (4) (a) of the Residential Tenancies Act, 2006.
B. The illegal production, distribution or sale of cannabis.
C. The trafficking of persons.
D. The use or attempted use of physical violence against another person.
E. Physical harm, attempted physical harm, or a risk of physical harm to another person.
F. The use of threats to, intimidation of, or harassment of another person.
v. The housing provider has reasonable grounds to believe that accommodating the household would pose a risk to the safety of one or more other persons at the housing project.
10. Paragraph 3 of subsection 52 (1) of the Regulation is revoked and the following substituted:
3. Unless a service manager’s priority rule provides otherwise in accordance with subsection (2), the priority of households that are not in the special priority household category is determined by the date a household’s application for rent-geared-to-income assistance was complete, with a household with an earlier date having priority over a household with a later date.
11. Subsection 77 (1) of the Regulation is amended by adding the following paragraph:
6. All of the following criteria are satisfied:
i. Within the past five years,
A. the tenancy of a member of the household was ordered terminated by the Landlord and Tenant Board based on a notice of termination given under section 61 of the Residential Tenancies Act, 2006, or
B. the occupancy of a member of the household in a member unit of a non-profit housing co-operative was ordered terminated by the Landlord and Tenant Board based on a notice of termination given under paragraph 5 of section 94.2 of that Act.
ii. The tenancy or occupancy that was ordered terminated was in a designated housing project.
iii. The order terminating the tenancy or occupancy has not been cancelled under section 21.2 of the Statutory Powers Procedure Act or overturned under section 210 of the Residential Tenancies Act, 2006.
iv. The order terminating the tenancy or occupancy was grounded on an illegal act, trade, business or occupation involving one or more of the following:
A. An illegal act, trade, business or occupation described in clause 61 (2) (a) or 94.4 (4) (a) of the Residential Tenancies Act, 2006.
B. The illegal production, distribution or sale of cannabis.
C. The trafficking of persons.
D. The use or attempted use of physical violence against another person.
E. Physical harm, attempted physical harm, or a risk of physical harm to another person.
F. The use of threats to, intimidation of, or harassment of another person.
v. The housing provider has reasonable grounds to believe that accommodating the household would pose a risk to the safety of one or more other persons at the housing project.
Commencement
12. (1) Subject to subsection (2), this Regulation comes into force on the day it is filed.
(2) Sections 1 to 8 and 10 come into force on January 1, 2020.