O. Reg. 317/19: GENERAL

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ontario regulation 317/19

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. The definition of “Ontario Basic Income Pilot” in subsection 1 (1) of Ontario Regulation 367/11 is revoked.

2. (1) Subsection 28 (1) of the Regulation is amended by adding “or of the occurrence of an event described in subsection (2.1)” at the end.

(2) Subsection 28 (2) of the Regulation is amended by striking out “or for the purposes of determining the amount of rent payable by the household” at the end and substituting “or, if the service manager is continuing to determine rent-geared-to-income assistance in the manner referred to in subsection (2.2), for the purposes of determining the amount of rent payable by the household”.

(3) Section 28 of the Regulation is amended by adding the following subsections:

(2.1) The events referred to in subsection (1) are the following:

1. A permanent change in the composition of the household.

2. A member of the household whose income was not included in the calculation of geared-to-income rent because the member was in full-time attendance at a recognized educational institution is no longer in full-time attendance at such an institution.

3. A member of the household begins to receive or stops receiving basic financial assistance under the Ontario Works Act, 1997 or income support under the Ontario Disability Support Program Act, 1997.

4. A permanent increase in the monthly income of any member of a benefit unit, excluding members who are in full-time attendance at a recognized educational institution, that causes the benefit unit’s total income, other than any basic financial assistance or income support referred to in paragraph 3, to exceed the applicable monthly non-benefit income limit set out in Column 3 of Tables 1 to 3 of Ontario Regulation 316/19 (Determination of Geared-to-Income Rent under Section 50 of the Act) made under the Act.

5. The taxes of a member of the household whose income tax information was used in the calculation of geared-to-income rent have been reassessed or additionally assessed under section 152 of the Income Tax Act (Canada),

i. since the last annual review under section 10 of Ontario Regulation 316/19, or

ii. if no annual review has taken place, since the initial calculation of geared-to-income rent under section 2 of Ontario Regulation 316/19.

(2.2) Subsection (2.1) does not apply to a household while the service manager is, in accordance with subsections 12 (1) and (2) of Ontario Regulation 316/19, continuing to determine rent-geared-to-income assistance in accordance with Ontario Regulation 298/01 (Determination of Geared-To-Income Rent Under Section 50 of the Act) made under the Act, as it read immediately before its revocation under section 13 of Ontario Regulation 316/19.

. . . . .

(8) In this section, “benefit unit”, “full-time attendance” and “recognized educational institution” have the same meanings as in Ontario Regulation 316/19.

(4) Subsection 28 (3) of the Regulation is amended by,

(a) adding “described in subsection (2) or the occurrence of an event described in subsection (2.1)” after “a change”; and

(b) striking out “the change” wherever it appears and substituting in each case “the change or the occurrence of the event”.

(5) Subsection 28 (5) of the Regulation is amended by striking out “and” at the end of clause (a), by adding “and” at the end of clause (b) and by adding the following clause:

(c) for an occurrence of an event described in subsection (2.1), by providing a notice setting out the details of the event.

3. The Regulation is amended by adding the following section:

Cessation of eligibility — failure to file tax returns

29.1 (1) A household that has been receiving rent-geared-to-income assistance ceases to be eligible for such assistance if a member of the household whose income is to be included in the calculation of the geared-to-income rent payable by the household has not filed a return of income under the Income Tax Act (Canada) for the member’s taxation year referred to in subsection 6 (3) of Ontario Regulation 316/19 (Determination of Geared-to-Income Rent under Section 50 of the Act) made under the Act before the day an annual review of the household’s geared-to-income rent commences.

(2) Despite subsection (1), the service manager may determine that the household remains eligible for rent-geared-to-income assistance if the service manager is satisfied that there are extenuating circumstances.

(3) The service manager may determine that a household that is ineligible for rent-geared-to-income assistance under subsection (1) is no longer ineligible once the return of income referred to in subsection (1) is filed.

(4) This section does not apply with respect to a household while the service manager is, in accordance with subsections 12 (1) and (2) of Ontario Regulation 316/19, continuing to determine rent-geared-to-income assistance in accordance with Ontario Regulation 298/01 (Determination of Geared-To-Income Rent Under Section 50 of the Act) made under the Act, as it read immediately before its revocation under section 13 of Ontario Regulation 316/19 made under the Act.

4. Section 30 of the Regulation is revoked and the following substituted:

Cessation of eligibility – period of normal rent

30. A household that has been receiving rent-geared-to-income assistance ceases to be eligible for such assistance if the amount of rent paid by the household is the same as what the rent would be if the household were not receiving rent-geared-to-income assistance for a period of,

(a) 24 consecutive months; or

(b) 12 consecutive months, if the service manager is, in accordance with subsections 12 (1) and (2) of Ontario Regulation 316/19 (Determination of Geared-to-Income Rent under Section 50 of the Act) made under the Act, continuing to determine rent-geared-to-income assistance in accordance with Ontario Regulation 298/01 (Determination of Geared-To-Income Rent Under Section 50 of the Act) made under the Act, as it read immediately before its revocation under section 13 of Ontario Regulation 316/19.

5. Clause 34 (2) (b) of the Regulation is revoked and the following substituted:

(b) the income of the members of the household is the sum of all payments made to, on behalf of, or for the benefit of the members, other than payments that are excluded under the local eligibility rule.

6. Subsection 86 (3) of the Regulation is revoked.

7. Subsection 139 (2) of the Regulation is revoked and the following substituted:

(2) In the event of a conflict between this section and sections 10 and 11 of Ontario Regulation 316/19 (Determination of Geared-to-Income Rent under Section 50 of the Act) made under the Act, sections 10 and 11 of that Regulation prevail.

(3) If the service manager is, in accordance with subsections 12 (1) and (2) of Ontario Regulation 316/19, continuing to determine rent-geared-to-income assistance in accordance with Ontario Regulation 298/01 (Determination of Geared-To-Income Rent Under Section 50 of the Act) made under the Act, as it read immediately before its revocation under section 13 of Ontario Regulation 316/19, in the event of a conflict between this section and sections 52 and 53 of Ontario Regulation 298/01, sections 52 and 53 of that Regulation prevail.

8. (1) Subparagraph 4 ii of subsection 2 (1) of Schedule 4.1 to the Regulation is amended by striking out “Subject to subsection (2)” at the beginning.

(2) Subsection 2 (2) of Schedule 4.1 to the Regulation is revoked.

(3) Paragraph 1 of subsection 3 (2) of Schedule 4.1 to the Regulation is amended by striking out “Subject to subsection (2.1)” at the beginning.

(4) Subsection 3 (2.1) of Schedule 4.1 to the Regulation is revoked.

(5) Subsection 4 (1) of Schedule 4.1 to the Regulation is amended by,

(a) striking out “line 236 of” wherever it appears; and

(b) striking out “that line” wherever it appears and substituting in each case “the net income line”.

(6) Paragraph 6 of subsection 4 (1) of Schedule 4.1 to the Regulation is amended by striking out “the household who is at least 16 years old, excluding dependants” and substituting “the household, excluding individuals”.

(7) Paragraph 16 of subsection 4 (1) of Schedule 4.1 to the Regulation is amended by striking out “$25” and substituting “$10”.

(8) Paragraph 1 of subsection 4 (2) of Schedule 4.1 to the Regulation is revoked and the following substituted:

1. The maximum amount is the amount calculated using the following formula:

X% AMR – RGI indexed minimum rent

in which,

“X%” is the percentage the service manager used in respect of the household for the purposes of the formula set out in paragraph 1 of subsection (1) or for the purposes of the formula referred to in subparagraphs 12 ii and iii of subsection (1), as applicable,

“AMR” is the average market rent for a rental unit of an appropriate size and type for the household in the service manager’s service area determined as described in paragraphs 3 and 4 of subsection (1), and

“RGI indexed minimum rent” is the minimum geared-to-income rent determined under subsection 2 (3) or (4), as applicable, of Ontario Regulation 316/19 (Determination of Geared-to-Income Rent under Section 50 of the Act) made under the Act at the time of the service manager’s determination of the household’s benefit.

(9) Subparagraph 4 ii of section 5 of Schedule 4.1 to the Regulation is amended by striking out “or” at the end of sub-subparagraph C, by adding “or” at the end of sub-subparagraph D and by adding the following sub-subparagraph:

E. the taxes of a member of the household whose income tax information was used in the calculation of the benefit have been reassessed or additionally assessed under section 152 of the Income Tax Act (Canada),

1. since the last annual review referred to in paragraph 1, or

2. if no annual review has taken place, since the initial calculation of the benefit.

(10) Subparagraph 5 i of section 5 of Schedule 4.1 to the Regulation is amended by striking out “subparagraph 4 i or ii” and substituting “subparagraph 4 ii”.

Commencement

9. This Regulation comes into force on the later of July 1, 2020 and the day it is filed.

 

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