O. Reg. 242/22: GENERAL
filed March 30, 2022 under Housing Services Act, 2011, S.O. 2011, c. 6, Sched. 1
Skip to contentontario regulation 242/22
made under the
Housing Services Act, 2011
Made: March 24, 2022
Filed: March 30, 2022
Published on e-Laws: March 30, 2022
Printed in The Ontario Gazette: April 16, 2022
Amending O. Reg. 367/11
(GENERAL)
1. The definition of “portable housing benefit” in subsection 1 (1) of Ontario Regulation 367/11 is amended by striking out “in section 20.1” at the end and substituting “in clause 20.1 (a)”.
2. The Regulation is amended by adding the following Part:
Part III.1
service Levels, Access System — Part II.1 of the Act
Prescribed forms of assistance
5.1 (1) Subject to subsection (2), a form of assistance for the purposes of clause 10.2 (2) (b) of the Act is any form of financial assistance that is,
(a) provided in respect of households and that either reduces the rent that a household must otherwise pay or assists the household in paying rent; and
(b) funded or administered, or both, by the service manager.
Exception
(2) Assistance described in subsection (1) does not include financial assistance provided under the Ontario Works Act, 1997 or the Ontario Disability Support Program Act, 1997.
Prescribed requirements for system
5.2 For the purposes of subsection 10.2 (3) of the Act, the following are the prescribed requirements for the service manager’s access system:
1. The following information shall be made available to the public as part of the access system:
i. A description of each form of assistance that is provided through the access system.
ii. For each form of assistance for which a member of the public may apply, a description of how to apply for the assistance.
iii. For each form of assistance that is administered by the service manager, a description of,
A. the eligibility rules for receiving the assistance, and
B. how households are prioritized and selected to receive the assistance.
2. When a form of assistance administered by the service manager through the access system is offered to a household, the service manager must notify the household and, if applicable, its authorized representative, in writing of the following:
i. Unless the assistance is provided in the form of reduced rent, the initial amount of the assistance and a description of the method used to calculate the assistance.
ii. If the assistance is provided in the form of reduced rent, a description of the method used to calculate the rent.
iii. A description of the criteria used to assess continued eligibility for the assistance.
iv. The effect that the receipt of the assistance will have on basic financial assistance that a member of the household is receiving or is entitled to receive under the Ontario Works Act, 1997 or income support that a member of the household is receiving or is entitled to receive under the Ontario Disability Support Program Act, 1997.
3. Section 20 of the Regulation is amended by striking out “3, 4, 5, 7 and 8” and substituting “3, 4 and 5”.
4. Section 20.1 of the Regulation is revoked and the following substituted:
Financial assistance specified for the purposes of par. 2 of s. 40 (3.1) of the Act
20.1 Financial assistance provided by a service manager to a household is specified as an alternate form of financial assistance related to housing for the purposes of paragraph 2 of subsection 40 (3.1) of the Act if,
(a) the financial assistance is in the form of a monthly benefit described in section 1 of Schedule 4.1;
(b) the financial assistance is described in section 1 of Schedule 4.2; or
(c) the financial assistance is described in section 1 of Schedule 4.3.
5. Section 32.1 of the Regulation is revoked and the following substituted:
Cessation of eligibility — s. 20.1 assistance
32.1 A household that is receiving rent-geared-to-income assistance ceases to be eligible for such assistance if the household has accepted an offer of financial assistance referred to in section 20.1 and begins to receive that assistance.
6. Subsection 32.2 (4) of the Regulation is revoked.
7. The Regulation is amended by adding the following sections:
Required local eligibility rules
32.3 (1) The matters on which a service manager shall make a local eligibility rule under sections 32.4 and 32.5 are prescribed as matters for the purposes of subsection 42 (2) of the Act.
(2) The requirements under sections 32.4 and 32.5 are prescribed as requirements for the purposes of subsection 42 (3) of the Act.
Required local rule — maximum household income
32.4 (1) A service manager shall make a local eligibility rule requiring, for a household to be eligible for rent-geared-to-income assistance, that the income of the household not exceed a specified maximum income.
(2) For the purposes of the local eligibility rule, the following rules apply:
1. The income of the household is the net income of the members of the household, excluding the income of members who are in full-time attendance at a recognized educational institution.
2. The net income of a member of a household is determined as follows:
i. Take the net income amount for the member indicated on the latest notice of assessment issued under the Income Tax Act (Canada) for the member’s most recent taxation year that ended before the determination of eligibility is being made or, if no notice of assessment has been issued for that taxation year, the amount that would appear on the net income line had the notice of assessment been issued.
ii. Subtract from the amount referred to in subparagraph i the total amount of all payments from a registered disability savings plan received by the member in that taxation year.
iii. Add to the amount determined in subparagraph ii the total amount of all payments from a registered disability savings plan repaid by the member in that taxation year.
iv. Subtract from the amount determined in subparagraph iii any other payments that are excluded under the local eligibility rule.
(3) The local eligibility rule may provide for different maximum incomes for units of different types and sizes and for units in different parts of the service manager’s service area.
(4) The maximum income for a unit specified in the local eligibility rule must be at least the household income limit prescribed under Ontario Regulation 370/11 (High Need Households and Household Income Limits – Subsection 40 (4) of the Act) made under the Act for such a unit.
(5) The local eligibility rule shall provide that it only be applied by the service manager in determining whether a household that is applying or waiting for rent-geared-to-income assistance is eligible for the purposes of section 45 of the Act, and not in determining continued eligibility for rent-geared-to-income assistance for the purposes of section 52 of the Act.
(6) Despite subsection (1), the local eligibility rule shall provide that the service manager may determine that the household is eligible for rent-geared-to-income assistance, if the service manager is satisfied that there are extenuating circumstances.
(7) A service manager shall make reasonable efforts to notify households about the local eligibility rule.
(8) The local eligibility rule begins to apply on,
(a) a date chosen by the service manager that is no later than July 1, 2023; or
(b) if no date is chosen, July 1, 2023,
and until that date any local eligibility rule that was made by the service manager under section 34, as it read immediately before it was revoked, and that is in effect on the day this section comes into force, continues to apply.
(9) A service manager shall periodically review the local eligibility rule required by subsection (1).
(10) In this section,
“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”)
“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 the Ontario Colleges of Applied Arts and Technology Act, 2002,
(d) a private career college, as defined in the Private Career Colleges Act, 2005, 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”)
Required local rule — maximum household assets
32.5 (1) A service manager shall make a local eligibility rule requiring, for a household to be eligible for rent-geared-to-income assistance, that the value of the assets of the household not exceed a specified maximum value.
(2) The local eligibility rule must provide that the value of the assets of the household is the total value of the assets of the members of the household other than assets that are excluded under the local eligibility rule.
(3) The local eligibility rule may provide for different maximum values for units and households of different types and sizes and for units in different parts of the service manager’s service area.
(4) The maximum value specified in the local eligibility rule must be at least $50,000.
(5) Without limiting what else the local eligibility rule may exclude, the local eligibility rule must exclude the following from the value of the assets of the household:
1. The value of the interest of a member of the household in a motor vehicle that is not used primarily for the operation of a business by a member of the household, subject to subsection (6).
2. The value of tools of a trade that are essential to the work of a member of the household as an employee.
3. The value of assets of a member of the household that are necessary to the operation of a business that the member operates or has an interest in, subject to subsection (7).
4. The value of a prepaid funeral.
5. The cash surrender value of a life insurance policy, subject to subsection (8).
6. The proceeds of a loan taken against a life insurance policy that will be used for disability-related items or services.
7. If a member of the household has received a payment under the Ministry of Community and Social Services Act for the successful participation in a program of activities that assists the person with the successful completion of a high school diploma, the development of employment-related skills and the further development of the person’s parenting skills, the value of any portion of that payment that, within a time that is reasonable in the opinion of the service manager, will be used for the member’s post-secondary education.
8. The value of funds held in a registered education savings plan, as defined in section 146.1 of the Income Tax Act (Canada), for a child of a member of the household.
9. The value of the clothing, jewellery and other personal effects of a member of the household.
10. The value of the furnishings in the accommodation used by the household, including decorative or artistic items, but not including anything used primarily for the operation of a business.
11. The value of the beneficial interest in a trust of a member of the household who has a disability if the capital of the trust was derived from an inheritance or from the proceeds of a life insurance policy, subject to subsection (9).
12. The value of funds held in a registered disability savings plan, as defined in section 146.4 of the Income Tax Act (Canada), if the beneficiary of the plan is a member of the household.
13. The value of funds held in an account of a member of the household in conjunction with an initiative under which the service manager or an entity approved by the service manager commits to contribute funds towards the member’s savings goals.
14. The value of funds held by a member of the household in a registered retirement savings plan, as defined in section 146 of the Income Tax Act (Canada), or in a registered retirement income fund, as defined in section 146.3 of that Act.
(6) Under paragraph 1 of subsection (5), the local eligibility rule is only required to exclude an interest of a member in a single vehicle, not in any other vehicle that member has an interest in.
(7) Under paragraph 3 of subsection (5), the local eligibility rule is only required to exclude,
(a) the value of assets of a member of the household, up to a maximum of $20,000 for that member; and
(b) the value of assets necessary to the operation of a business, up to a maximum of $20,000 for that business.
(8) Under paragraph 5 of subsection (5), the local eligibility rule is only required to exclude the cash surrender value of life insurance policies up to a maximum value of $100,000 for the household.
(9) Under paragraph 11 of subsection (5), the local eligibility rule is only required to exclude the value of beneficial interests of a member of the household up to a maximum value of $100,000 for that member.
(10) The local eligibility rule shall provide that it not be applied by a service manager in determining whether a household that is applying or waiting for rent-geared-to-income assistance is eligible for such assistance under section 45 of the Act or whether a household in receipt of rent-geared-to-income assistance continues to be eligible for such assistance under section 52 of the Act, if each member of the household is receiving basic financial assistance under the Ontario Works Act, 1997 or is receiving income support under the Ontario Disability Support Program Act, 1997.
(11) Despite subsection (1), the local eligibility rule shall provide that the service manager may determine that the household is eligible for rent-geared-to-income assistance, if the service manager is satisfied that there are extenuating circumstances.
(12) A service manager shall make reasonable efforts to notify households about the local eligibility rule referred to in subsection (1).
(13) The local eligibility rule begins to apply on,
(a) a date chosen by the service manager that is no later than July 1, 2023; or
(b) if no date is chosen, July 1, 2023,
and until that date any local eligibility rule that was made by the service manager under section 35, as it read immediately before it was revoked, and that is in effect on the day this section comes into force, continues to apply.
(14) A service manager shall periodically review the local eligibility rule required by subsection (1).
8. Sections 33 to 35 of the Regulation are revoked and the following substituted:
Optional local eligibility rules
33. (1) The matters on which a service manager may make a local eligibility rule under sections 36 to 38 are prescribed as matters for the purposes of subsection 42 (2.1) of the Act.
(2) The requirements under sections 36 to 41 are prescribed as requirements for the purposes of subsection 42 (3) of the Act.
9. (1) The French version of subclause 146 (2) (b) (i) of the Regulation is amended by striking out “son père ou sa mère” and substituting “son parent”.
(2) The French version of subparagraph 2 i of subsection 146 (11) of the Regulation is amended by striking out “son père ou sa mère” and substituting “son parent”.
(3) The definition of “père ou mère” in the French version of subsection 146 (12) of the Regulation is revoked.
(4) The French version of subsection 146 (12) of the Act is amended by adding the following definition:
«parent» Relativement à un particulier, s’entend d’une personne qui a manifesté l’intention bien arrêtée de le traiter comme s’il s’agissait d’un enfant de sa famille. Est toutefois exclue la personne chez qui il a été placé en famille d’accueil moyennant rétribution. («parent»)
10. (1) The heading to Schedule 4.1 to the Regulation is amended by striking out “section 20.1” and substituting “clause 20.1 (a)”.
(2) Section 1 of Schedule 4.1 to the Regulation is amended by striking out “section 20.1” in the portion before paragraph 1 and substituting “clause 20.1 (a)”.
(3) Section 1 of Schedule 4.1 to the Regulation is amended by adding the following paragraph:
12. The benefit is not funded under an agreement with the Crown in right of Canada or in right of Ontario, or an agency of either of them.
11. The Regulation is amended by adding the following Schedules:
Schedule 4.2
ALTERNATE FORM OF FINANCIAL ASSISTANCE RELATED TO HOUSING SPECIFIED FOR THE PURPOSES OF PAR. 2 OF S. 40 (3.1) OF THE ACT — Financial Assistance referred to in clause 20.1 (b)
Conditions for monthly benefit referred to in s. 20.1 (b)
1. (1) Financial assistance referred to in clause 20.1 (b) is financial assistance that meets the following conditions:
1. The financial assistance is provided by a service manager,
i. directly to a household in order to defray the cost of the household’s rent, or
ii. through a housing provider in order to reduce the amount of rent the household is required to pay to the housing provider.
2. The financial assistance is not funded under an agreement with the Crown in right of Canada or in right of Ontario, or an agency of either of them.
3. The amount of the financial assistance has been determined within the preceding 12-month period before the assistance is provided.
4. In the case where no member of the household receives an amount payable for shelter under subsection 42 (2) of Ontario Regulation 134/98 (General) made under the Ontario Works Act, 1997 or under subsection 31 (2) of Ontario Regulation 222/98 (General) made under the Ontario Disability Support Program Act, 1997,
i. the portion of the monthly rent that is not defrayed or reduced does not, at the time the assistance is determined, exceed the amount determined in accordance with subsection (2) of this section, or
ii. the portion of the monthly rent that is not defrayed or reduced does not, at the time the assistance is determined, exceed the minimum rent amount determined under subsection 2 (4) of Ontario Regulation 316/19 (Determination of Geared-to-Income Rent Under Section 50 of the Act) made under the Act.
5. In the case where a member of the household receives an amount payable for shelter under subsection 42 (2) of Ontario Regulation 134/98 (General) made under the Ontario Works Act, 1997 or under subsection 31 (2) of Ontario Regulation 222/98 (General) made under the Ontario Disability Support Program Act, 1997, the portion of the monthly rent that is not defrayed or reduced does not, at the time the assistance is determined, exceed the sum of all amounts payable to members of the household for shelter under subsection 42 (2) of Ontario Regulation 134/98 or subsection 31 (2) of Ontario Regulation 222/98.
(2) The amount referred to in subparagraph 4 i of subsection (1) is determined as follows:
1. Calculate the amount using the following formula:
(AFNI × 0.30)/12
in which,
“AFNI” is the adjusted family net income of the household determined as described in paragraph 2.
2. For the purposes of the definition of “AFNI” in paragraph 1, the adjusted family net income of a household is determined by adding the net income of each member of the household, excluding individuals who are in full-time attendance at a recognized educational institution as defined in paragraph 7 of subsection 4 (1) of Schedule 4.1.
3. For the purposes of paragraph 2, the net income of a member of a household is, at the sole discretion of the service manager, either one of the following:
i. The net income amount for the member indicated on the latest notice of assessment issued under the Income Tax Act (Canada) for the member’s most recent taxation year that ended before the amount of financial assistance is determined, adjusted as follows, or, if no notice of assessment has been issued, the amount that would appear on the net income line had the notice of assessment been issued, adjusted by,
A. subtracting from that amount, any payments from a registered disability savings plan received by the member in that taxation year, and any payment of financial assistance referred to in clause 20.1 (b) that was included in the member’s net income in that taxation year, and
B. adding to that amount, any payments from a registered disability savings plan repaid by the member in that taxation year.
ii. The amount that best approximates the member’s net income for the 12-month period beginning on the first day of the month following the month in which the amount of financial assistance is determined, calculated and adjusted by the service manager in the same manner as the amount referred to in subparagraph i based on the service manager’s projections of the member’s income and deductions for that period.
Schedule 4.3
ALTERNATE FORM OF FINANCIAL ASSISTANCE RELATED TO HOUSING SPECIFIED FOR THE PURPOSES OF PAR. 2 OF S. 40 (3.1) OF THE ACT — Financial Assistance referred to in clause 20.1 (c)
Conditions for monthly benefit referred to in s. 20.1 (c)
1. (1) Financial assistance referred to in clause 20.1 (c) is financial assistance that meets the following conditions:
1. The benefit is provided by a service manager to a household.
2. The benefit is offered and provided to a household without any requirement that it be used for specified living accommodation or living accommodation of a specified size or type.
3. The benefit is not funded under an agreement with the Crown in right of Canada or in right of Ontario, or an agency of either of them.
4. The amount of the benefit payable in respect of a household is calculated in the same manner as set out in section 4 of Schedule 4.1, if references to “a portable housing benefit” in sub-subparagraphs 8 i A and 9 i A of subsection 4 (1) of that Schedule were read as references to “a portable housing benefit or financial assistance described in clause 20.1 (c)”.
5. The amount of the benefit payable in respect of a household is reviewed using the process set out in section 5 of Schedule 4.1.
Commencement
12. (1) Except as otherwise provided in this section, this Regulation comes into force on the later of July 1, 2022 and the day this Regulation is filed.
(2) Section 2 comes into force on the later of the day section 5 of Schedule 2 to the Protecting Tenants and Strengthening Community Housing Act, 2020 comes into force and the day this Regulation is filed.
(3) Sections 7 and 8 come into force on the later of the day section 7 of Schedule 2 to the Protecting Tenants and Strengthening Community Housing Act, 2020 comes into force and the day this Regulation is filed.