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O. Reg. 220/04: Rent-Geared-to-Income Assistance and Special Needs Housing

filed August 12, 2004 under Social Housing Reform Act, 2000, S.O. 2000, c. 27

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ontario regulation 220/04

made under the

social housing reform act, 2000

Made: August 11, 2004
Filed: August 12, 2004
Printed in The Ontario Gazette: August 28, 2004

Amending O. Reg. 298/01

(Rent-Geared-to-Income Assistance and Special Needs Housing)

1. Section 5 of Ontario Regulation 298/01 is amended by adding the following subsection:

(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.

2. Section 6 of the Regulation is amended by adding the following subsections:

(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.

. . . . .

(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.

3. (1) Subsection 7 (1) of the Regulation is amended by striking out “Subject to subsection (3)” at the beginning.

(2) Subclauses 7 (1) (b) (ii) and (iii) of the Regulation are revoked and the following substituted:

(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);

(3) Clauses 7 (1) (c) and (d) of the Regulation are revoked and the following substituted:

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

(4) Subsections 7 (3), (4) and (5) of the Regulation are revoked.

4. Section 10 of the Regulation is amended by adding the following subsection:

(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.

5. (1) Section 11 of the Regulation is amended by adding the following subsections:

(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.

(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.

(2) Subsection 11 (6) of the Regulation is amended by striking out “Subsections 5 (3), (4), (6), (10) and (11)” at the beginning and substituting “Subsections 5 (3), (4), (10) and (11)”.

6. Section 12 of the Regulation is amended by adding the following subsections:

(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.

(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).

(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.

7. Section 20 of the Regulation is amended by adding the following subsection:

(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.

8. Section 21 of the Regulation is amended by adding the following subsection:

(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.

9. (1) Subsection 24 (1) of the Regulation is revoked and the following substituted:

(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.

(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.

(2) Subsection 24 (2) of the Regulation is amended by adding “or (1.1)” after “subsection (1)” at the end.

10. (1) Subsection 50 (3) of the Regulation is amended by adding the following paragraphs:

53. An extended care and maintenance allowance for a former Crown ward received from a children’s aid society under subsection 71 (2) of the Child and Family Services Act.

54. A Special Allowance received from Veterans Affairs Canada under the Veterans Affairs Disability Pension Program.

55. A payment received as a result of a claim that relates to an aboriginal residential school and was made against the Government of Canada or a church or other religious organization.

(2) Subsection 50 (6) of the Regulation is amended by striking out “the Reciprocal Enforcement of Support Orders Act” at the end and substituting “the Interjurisdictional Support Orders Act, 2002”.

(3) Subsection 50 (9) of the Regulation is amended by striking out the definition of “B” and substituting the following:

  “B” is one-twelfth of the annual interest rate payable in the first year on the most recent November issue of Canada Savings Bonds, with the annual interest rate rounded down to the nearest whole percentage.

(4) Section 50 of the Regulation is amended by adding the following subsection:

(9.1) Despite subsection (9), in the case of a family unit with one or more non-interest bearing bank accounts, the imputed income of a member of the family unit for a month from his or her interest in the bank accounts shall be determined in the following manner:

1. For each bank account, determine the annual average minimum monthly balance in the account or a typical recent minimum monthly balance in the account.

2. Add the amounts determined under paragraph 1.

3. Subtract $1,000 from the amount determined under paragraph 2.

4. Multiply the amount determined under paragraph 3 by “B”, as defined in subsection (9).

5. Apportion the amount determined under paragraph 4 among the members with the bank accounts, in proportion to the amounts determined under paragraph 1 for each of the bank accounts and the member’s interest in the bank accounts.

11. (1) Section 52 of the Regulation is amended by adding the following subsections:

(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.

(3.2) Subsection (3) does not apply to a household that is 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 subsection (3) is inappropriate in the circumstances.

(2) Subsection 52 (6) of the Regulation is amended by striking out “Subsections 5 (3), (4), (6), (10) and (11)” at the beginning and substituting “Subsections 5 (3), (4), (10) and (11)”.

 

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