Background

This section provides an overview of amendments to Ontario Regulation 367/11 under the Housing Services Act, 2011 (HSA) related to service level rules. Section 40 of the HSA requires service managers to provide assistance to a prescribed number of households whose income falls below the household income limits (HILs), and to a prescribed number of high need households.

Prior to the regulatory amendments, service level rules recognized only rent-geared-to-income (RGI) assistance provided in accordance with specific calculation and waitlist rules, as well as service manager-funded portable housing benefits (PHBs) that follow these waitlist rules (Schedule 4.1 of O. Reg. 367/11).

Overview of changes

Effective July 2022, Ontario Regulation 367/11 allows additional types of service manager-funded housing assistance to count towards existing service levels when:

  • households not receiving social assistance pay no more than 30% of their adjusted family net income on rent, and households in receipt of social assistance pay no more than their social assistance shelter allowance (see Schedule 4.2)

OR

  • households are provided a benefit that follows existing PHB calculation rules and serves/prioritizes any client group (that is, there is no requirement to follow RGI waitlist eligibility, priority, and selection rules in order to be counted toward service levels) (see Schedule 4.3).

Any form of housing assistance that meets the requirements above may be included towards a service manager’s service levels and there is no requirement to follow RGI eligibility, priority, and selection rules for these forms of assistance to count. Further details on these types of assistance that may be counted toward service levels are outlined in Schedule 4.2 and Schedule 4.3 of O. Reg. 367/11.

There is a continued requirement that in order to count towards service levels, households served must have incomes at or below the relevant HILs for the service area (see Ontario Regulation 370/11).

Service manager-funded housing assistance

Service manager-funded housing assistance means that the subsidy or rent reduction provided to the household is funded by the service manager (not funded by other levels of government). For example, households receiving assistance through the Canada-Ontario Housing Benefit (COHB) program are not included in service levels.

Eligibility, priority, and selection rules for RGI assistance

Service managers still need to follow RGI eligibility, priority, and selection rules for RGI assistance. As set out in Ontario Regulation 367/11, eligibility, priority, and selection rules for RGI assistance continue to apply to households receiving RGI assistance as part of a legacy social housing program. These rules also apply for RGI units funded under service agreements.

Rules for removing households from the waiting list

Rules for removing households from a service manager’s waiting list remain unchanged (see section 46 (1) paragraph 5.1). Unless the service manager is satisfied that there are extenuating circumstances, a household shall be removed from the list if the household has accepted an offer of a portable housing benefit made by the service manager that meets all requirements set out in Schedule 4.1 – including following RGI waiting list eligibility, priority, and selection rules.

Households that accept other forms of assistance that can count towards service levels under Schedule 4.2 or 4.3, including portable benefits that do not follow RGI waiting list rules, cannot be removed from the waiting list on that basis.

Summary of additional forms of assistance that count towards service levels

Households with incomes at or below the HILs are served with service manager-funded assistance that meets requirements set out below:

Schedule 4.1 (introduced in 2017)

Schedule 4.1 includes portable housing benefits that follow specific calculation and review rules, including following RGI waitlist eligibility, priority, and selection rules.

Note: Households that accept this form of assistance may be removed from the waiting list.

Schedule 4.2 (introduced in 2022)

Schedule 4.2 includes any form of housing assistance where households pay no more than 30% of their adjusted family net income on rent. Households in receipt of social assistance must not pay more than their social assistance shelter amount.

Note: Households that accept forms of assistance under Schedule 4.2 may not be removed from the waiting list on that basis.

Schedule 4.3 (introduced in 2022)

Schedule 4.3 includes portable benefits that follow the same calculation and review rules for the amount of the benefit outlined in Schedule 4.1. There is no requirement to follow RGI waiting list eligibility, priority, and selection rules.

Note: Households that accept this form of assistance may not be removed from the waiting list on that basis.

Household impact

Households can contact their local service manager for more information on types of service manager-funded housing assistance available in their service area. Find your local service manager.

Date in effect

The amendments to Ontario Regulation 367/11 related to service level requirements are in effect as of July 1, 2022.