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O. Reg. 298/01: RENT-GEARED-TO-INCOME ASSISTANCEAND SPECIAL NEEDS HOUSING

filed July 20, 2001 under Social Housing Reform Act, 2000, S.O. 2000, c. 27

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ONTARIO regulation 298/01

made under the

social housing reform act, 2000

Made: July 19, 2001
Filed: July 20, 2001
Printed in The Ontario Gazette: August 4, 2001

rent-geared-to-income assistance
AND SPECIAL NEEDS HOUSING

CONTENTS

		Sections
Part I	Application and Interpretation.........................	1-4
Part II	Applications.....................................................	5, 6
Part III	Eligibility Rules...............................................	7-23
Part IV	Special Priority Household Category..............	24, 25
Part V	Occupancy Standards......................................	26-34
Part VI	Waiting Lists and Priority Rules.....................	35-45
Part VII	Calculation of Geared-To-Income Rent..........	46-54
Part VIII	Procedural Provisions — Decisions, Internal Reviews, Notices.…….................................	55-59
Part IX	General…………………...….…….....………	60

Part i
Application and Interpretation

Application of regulation

1. (1) This Regulation applies to the service area of a service manager set out in Column 2 of Table 1 as of the date set out opposite the service manager in Column 3 of Table 1.

(2) This Regulation applies in respect of designated housing projects, as defined in section 62 of the Act.

(3) A provision of this Regulation that applies to a supportive housing provider applies to the supportive housing provider only with respect to the units that are special needs housing in the housing projects operated by it.

Designated housing project

2. The housing programs set out in Schedule 1 are prescribed for the purposes of the definition of “designated housing project” in section 62 of the Act.

Section 64 of the Act

3. For the purposes of paragraph 2 of section 64 of the Act, if a lead agency is not designated under section 88 of the Act for a service area of a service manager set out in Column 1 of Table 2, the provisions listed in section 64 of the Act apply to the supportive housing providers set out opposite the service manager in Column 2 of Table 2.

Interpretation

4. (1) In this Regulation,

“abuse” means an incident of physical or sexual violence against an individual, an incident of intentional destruction of or intentional injury to an individual’s property, or words, actions or gestures that threaten an individual or his or her property, and “abused” and “abusing” have a corresponding meaning;

“alternative housing provider” means a housing provider that has a mandate under section 99 of the Act to provide housing to households that are homeless or hard to house;

“band” means a band, as defined in the Indian Act (Canada);

“business day” means a day from Monday to Friday, other than a holiday;

“centralized waiting list” means the waiting list established under section 35;

“child”, in relation to an individual, means a child of that individual born within or outside marriage (unless that child has been adopted by one or more other individuals in Ontario or according to the law of another jurisdiction), a child adopted by that individual in Ontario or according to the law of another jurisdiction, and a child whom the individual has demonstrated a settled intention to treat as a child of his or her family, but does not include a child placed in the individual’s home as a foster child for consideration by another person having lawful custody;

“family unit” means,

(a) an individual, the individual’s spouse or same-sex partner and all of the children of both or either of them who are living with them,

(b) an individual and the individual’s spouse or same-sex partner living with him or her, if neither has any children,

(c) an individual and the individual’s children living with him or her, if the individual has no spouse or same-sex partner, or

(d) an individual, if the individual has no spouse or same-sex partner and no children;

“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;

“parent”, in relation to another individual, means a natural parent of the other individual (unless the other individual has been adopted by one or more other individuals in Ontario or according to the law of another jurisdiction), an adoptive parent of the other individual who has adopted that individual in Ontario or according to the law of another jurisdiction, and an individual who has demonstrated a settled intention to treat the other individual as a child of his or her family, but does not include an individual in whose home the other individual has been placed as a foster child for consideration by another person having lawful custody;

“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 section 5 of the Ministry of Training, Colleges and Universities Act,

(d) a private vocational school, as defined in the Private Vocational Schools Act, 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;

“rent” means,

(a) in relation to a unit in a non-profit housing co-operative under the Co-operative Corporations Act occupied by a member of the co-operative, housing charges as defined in that Act, other than sector support levies and initial membership fees, or

(b) in all other cases, rent as defined in the Tenant Protection Act, 1997;

“same-sex partner”, in relation to a member of a household, means,

(a) an individual of the same sex as the member, if the individual and the member have together declared to the service manager that they are same-sex partners, or

(b) an individual of the same sex as the member who is residing in the same dwelling place as the member, if the social and familial aspects of the relationship between the individual and the member amount to cohabitation and,

(i) the individual is providing financial support to the member,

(ii) the member is providing financial support to the individual, or

(iii) the individual and the member have a mutual agreement or arrangement regarding their financial affairs;

“special priority household” means a household that a service manager has determined should be included in the special priority household category under section 25;

“spouse”, in relation to a member of a household, means,

(a) an individual of the opposite sex to the member, if the individual and the member have together declared to the service manager that they are spouses, or

(b) an individual of the opposite sex to the member who is residing in the same dwelling place as the member, if the social and familial aspects of the relationship between the individual and the member amount to cohabitation and,

(i) the individual is providing financial support to the member,

(ii) the member is providing financial support to the individual, or

(iii) the individual and the member have a mutual agreement or arrangement regarding their financial affairs.

(2) For the purpose of the definitions of “spouse” and “same-sex partner”, sexual factors shall not be investigated or considered in determining whether or not an individual is a spouse or same-sex partner.

Part ii
applications

Application for rent-geared-to-income assistance

5. (1) An application by a household for rent-geared-to-income assistance must be made to the service manager in whose service area the household wishes to receive the assistance.

(2) The application must include such information and documents as the service manager may require.

(3) The service manager may require the household to give the service manager written verification, from a person acceptable to the service manager and in the form specified by the service manager, of any of the following:

1. The income of any member of the household from any source.

2. The interest of any member of the household in any asset and the value of the interest of any member of the household in any asset.

(4) The written verification that a service manager may require under paragraph 2 of subsection (3) may be a written appraisal, obtained at the household’s expense, of the value of the interest of any member of the household in any asset.

(5) If, before the household begins to receive rent-geared-to-income assistance, there is a change in a document or information that the household has provided to the service manager with respect to its application, the household shall provide the updated document and information to the service manager within 10 days after the change.

(6) Subsections (2) and (5) do not apply to a household applying for rent-geared-to-income assistance 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 those subsections is inappropriate in the circumstances.

(7) The application must include a consent to the disclosure to the service manager of information and documents required by the service manager for the purpose of processing the application including, but not limited to, determining the eligibility of the household for rent-geared-to-income assistance, determining the size and type of unit in respect of which the household is eligible to receive rent-geared-to-income assistance, determining the placement of the household on waiting lists, and determining the amount of geared-to-income rent payable by the household.

(8) The application and the consent must be signed by each member of the household who is 16 years old or older.

(9) If a member of the household who is 16 years old or older is unable for any reason to sign the application and the consent, or to make a valid application and give a valid consent, the application and consent may be signed on the member’s behalf by another individual who,

(a) is the parent or guardian of the member;

(b) is an attorney of the member under a power of attorney that authorizes the attorney to make the application and give the consent on the member’s behalf; or

(10) If the service manager is satisfied that the household or a third party is unable to provide information or a document, the service manager shall not require the household or the third party to provide that information or document.

(11) If a request for inclusion in the special priority household category is made with the household’s application for rent-geared-to-income assistance, 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 rent-geared-to-income assistance, the service manager shall not require the member to provide that information or document.

(12) Upon receiving an application for rent-geared-to-income assistance, the service manager shall determine whether,

(a) the application and the consent have been filled out and signed; and

(b) the service manager has received all other information and documents required by this Regulation or by the service manager, including information and documents from third parties that the service manager requires for the purpose of verifying information and documents provided by the household.

(13) Within seven business days after receiving the application, the service manager shall give the household a written notice,

(a) stating that the application is complete, if the service manager has determined that the conditions set out in subsection (12) have been met; or

(b) stating that the application is not complete and explaining why it is not complete, if the service manager has determined that the conditions set out in subsection (12) have not been met.

(14) If the service manager gives the household a written notice stating that the application is not complete, the service manager shall, if it determines subsequently that the conditions set out in subsection (12) have been met, promptly give the household a written notice stating that the application is now complete.

(15) The application shall be considered to be complete for the purposes of this Regulation on the date of the written notice given by the service manager stating that the application is complete.

(16) The service manager is not required to determine the eligibility of the household for rent-geared-to-income assistance, the size and type of unit in respect of which the household is eligible to receive rent-geared-to-income assistance, or the amount of geared-to-income rent payable by the household, if the household’s application for rent-geared-to-income assistance is not complete.

Application for special needs housing

6. (1) In this section,

“decision-maker” means the service manager, supportive housing provider or lead agency to which a household applies for special needs housing under subsection 71 (1) of the Act.

(2) An application by a household for special needs housing must include full particulars of the reasons for which one or more of the members of the household require special needs housing and such other information and documents as the decision-maker may require.

(3) If, before the household begins to occupy special needs housing, there is a change in a document or information that the household has provided with respect to its application, the household shall provide the updated document and information to the decision-maker within 10 days after the change.

(4) The application must include a consent to the disclosure to the decision-maker of information and documents required by the decision-maker for the purpose of processing the application including, but not limited to, determining the eligibility of the household for special needs housing and determining the size and type of unit for which the household is eligible.

(5) The application and the consent must be signed by each member of the household who is 16 years old or older.

(6) If a member of the household who is 16 years old or older is unable for any reason to sign the application and the consent, or to make a valid application and give a valid consent, the application and consent may be signed on the member’s behalf by another individual who,

(a) is the parent or guardian of the member;

(b) is an attorney of the member under a power of attorney that authorizes the attorney to make the application and give the consent on the member’s behalf; or

(7) If the decision-maker is satisfied that the household or a third party is unable to provide information or a document, the decision-maker shall not require the household or the third party to provide that information or document.

(8) Upon receiving an application for special needs housing, the decision-maker shall determine whether,

(a) the application and the consent have been filled out and signed; and

(b) the decision-maker has received all other information and documents required by this Regulation or by the decision-maker, including information and documents from third parties that the decision-maker requires for the purpose of verifying information and documents provided by the household.

(9) Within seven business days after receiving the application, the decision-maker shall give the household a written notice,

(a) stating that the application is complete, if the decision-maker has determined that the conditions set out in subsection (8) have been met; or

(b) stating that the application is not complete and explaining why it is not complete, if the decision-maker has determined that the conditions set out in subsection (8) have not been met.

(10) If the decision-maker gives the household a written notice stating that the application is not complete, the decision-maker shall, if it determines subsequently that the conditions set out in subsection (8) have been met, promptly give the household a written notice stating that the application is now complete.

(11) The application shall be considered to be complete for the purposes of this Regulation on the date of the written notice given by the decision-maker stating that the application is complete.

(12) The decision-maker is not required to determine the eligibility of the household for special needs housing or the size and type of unit for which the household is eligible, if the household’s application for special needs housing is not complete.

Part iIi
ELIGIBILITY RULES

Rent-Geared-to-Income Assistance

Eligibility requirements

7. (1) Subject to subsection (3), a household is eligible for rent-geared-to-income assistance if,

(a) at least one member of the household is 16 years old or older and is able to live independently;

(b) each member of the household meets at least one of the following criteria:

(i) the member is a Canadian citizen,

(ii) the member has been granted status as a permanent resident under the Immigration Act (Canada), or

(iii) the member has made a claim for refugee status under the Immigration Act (Canada);

(d) no departure order or exclusion order under the Immigration Act (Canada) has become effective with respect to any member of the household;

(e) in the case of a household other than a special priority household, no member of the household owes arrears of rent with respect to any housing project under any housing program, whether administered by the service manager or the Ministry, or if a member of the household does owe such arrears of rent,

(i) the service manager is satisfied that extenuating circumstances exist, or

(ii) any member of the household has entered into an agreement with the housing provider for the repayment of the arrears and the service manager is satisfied that the member is making or intends to make all reasonable efforts to repay the arrears;

(f) in the case of a special priority household, no member of the household owes arrears of rent with respect to any housing project under any housing program, whether administered by the service manager or the Ministry, or if a member of the household does owe such arrears of rent,

(i) in the case of arrears owed in respect of a unit of which the member and the abusing individual are joint tenants,

(A) the service manager is satisfied that extenuating circumstances exist, or

(B) any member of the household has entered into an agreement with the housing provider for the repayment of 50 per cent of the arrears and the service manager is satisfied that the member is making or intends to make all reasonable efforts to repay 50 per cent of the arrears, and

(ii) in the case of arrears owed in respect of any other unit,

(A) the service manager is satisfied that extenuating circumstances exist, or

(B) any member of the household has entered into an agreement with the housing provider for the repayment of the arrears and the service manager is satisfied that the member is making or intends to make all reasonable efforts to repay the arrears;

(g) one of subclauses (i) and (ii) is true:

(i) no member of the household has been convicted of an offence under section 85 of the Act or a crime under the Criminal Code (Canada) in relation to the receipt of rent-geared-to-income assistance, and if an individual who was, but is no longer, a member of the household has been convicted of such an offence or crime, the service manager determines that,

(A) no member of the household knew that the individual who was convicted of the offence or crime was committing it, or

(B) a member of the household knew that the individual who was convicted of the offence or crime was committing it, but the member was not reasonably able to prevent the individual from committing it, or

(ii) a member of the household has been convicted of an offence under section 85 of the Act or a crime under the Criminal Code (Canada) in relation to the receipt of rent-geared-to-income assistance, but the household has previously been determined to be ineligible for rent-geared-to-income assistance because of that conviction; and

(h) one of subclauses (i) and (ii) is true:

(i) no member of the household has been found by the Ontario Rental Housing Tribunal or a court of law to have misrepresented his or her income or the income of his or her household in relation to the receipt of rent-geared-to-income assistance, and if an individual who was, but is no longer, a member of the household has been found to have made such a misrepresentation, the service manager determines that,

(A) no member of the household knew that the individual who was found to have made the misrepresentation was making it, or

(B) a member of the household knew that the individual who was found to have made the misrepresentation was making it, but the member was not reasonably able to prevent the individual from making the misrepresentation, or

(ii) a member of the household has been found by the Ontario Rental Housing Tribunal or a court of law to have misrepresented his or her income or the income of his or her household in relation to the receipt of rent-geared-to-income assistance, but,

(A) the household has previously been determined to be ineligible for rent-geared-to-income assistance because of that finding, or

(B) the service manager determines that the member who was found to have made the misrepresentation is an abused member of a special priority household who was forced to make the misrepresentation by the abusing individual.

(2) For the purpose of clause (1) (a),

(a) an individual is able to live independently if he or she is able to perform for himself or herself the normal essential activities of day-to-day living;

(b) an individual shall be deemed to be able to live independently if the individual is able to live independently with the aid of certain support services and demonstrates that those support services will be provided to him or her when they are required.

(3) 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 (4) 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.

(4) The types of income referred to in subsection (3) are:

1. Basic financial assistance under the Ontario Works Act, 1997.

2. Support under the Divorce Act (Canada), the Family Law Act or the Reciprocal Enforcement of Support Orders Act.

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).

(5) A household that has been given a notice under subsection (3) is not 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.

Local eligibility rules, income and asset limits

8. (1) A service manager may establish a local eligibility rule stating that a household is not eligible for rent-geared-to-income assistance in a unit in the service area unless the gross household income of the household, as determined under subsections (9) and (10), for a 12-month period determined by the service manager, is less than or equal to the maximum gross household income amount applicable to the unit, as specified in the local eligibility rule.

(2) For the purpose of establishing a local eligibility rule described in subsection (1), a service manager may establish the maximum gross household income amounts that are to apply to units in the service area.

(3) A service manager may establish a local eligibility rule stating that a household is not eligible for rent-geared-to-income assistance in a unit in the service area unless the aggregate household assets value of the household, as determined under subsections (11), (12) and (13), on the most recent date on which the service manager received information or documents respecting the household’s assets, is less than or equal to the maximum aggregate household assets amount applicable to the unit, as specified in the local eligibility rule.

(4) For the purpose of establishing a local eligibility rule described in subsection (3), a service manager may establish the maximum aggregate household assets amounts that are to apply to units in the service area.

(5) The service manager may establish,

(a) different maximum gross household income amounts for units of different sizes and for units in different parts of the service area;

(b) different maximum aggregate household assets amounts for units of different sizes and for units in different parts of the service area.

(6) The service manager may from time to time establish new maximum gross household income amounts and new maximum aggregate household assets amounts to replace the old ones.

(7) A service manager shall not establish a maximum gross household income amount for a unit that is less than the household income limit prescribed for a unit of that type and size for the purposes of clause 11 (1) (a) of the Act.

(8) A service manager shall not establish a maximum aggregate household assets amount that is less than $20,000.

(9) For the purpose of a local eligibility rule established by a service manager under subsection (1), the gross household income of a household, for a 12-month period determined by the service manager, is the sum of all payments of any nature paid to or on behalf of or for the benefit of each of the members of the household during that period, subject to subsection (10).

(10) The service manager may establish a local eligibility rule requiring that specified payments be excluded for the purpose of determining the gross household income of a household and, in that case, the gross household income of a household, for a 12-month period determined by the service manager, is the sum of all payments of any nature paid to or on behalf of or for the benefit of each of the members of the household during that period, excluding the payments that are required to be excluded under the local eligibility rule.

(11) For the purpose of a local eligibility rule established by a service manager under subsection (3), the aggregate household assets value of a household on a given date is the sum of the values of the interests in assets of each of the members of the household on that date.

(12) For the purpose of subsection (11), the following shall not be included in assets:

1. An interest in a motor vehicle that is not used primarily for the operation of a business by a member of the household.

2. Tools of the trade that are essential to the employment of a member of the household.

3. If one member of a household has an interest in or operates one business, business assets that are necessary to the operation of that business, to a maximum of $20,000.

4. If more than one member of a household has an interest in or operates the same business, business assets that are necessary to the operation of that business, to a maximum of $20,000 for the business.

5. If one member of the household has an interest in or operates more than one business, business assets that are necessary to the operation of those businesses, to a maximum of $20,000 for the member.

6. A student grant, loan or award, so long as the member of the household for whose benefit the grant, loan or award is provided remains in attendance in the program of study for which it is intended.

7. A prepaid funeral.

8. An amount received as damages or compensation for,

i. pain and suffering resulting from an injury to or the death of a member of the household, or

ii. expenses reasonably incurred or to be incurred as a result of an injury to or the death of a member of the household.

9. A payment received under any of the following agreements to which the Province of Ontario is a party:

i. The Helpline Reconciliation Model Agreement.

ii. The Multi-Provincial/Territorial Assistance Program Agreement.

iii. The Grandview Agreement.

10. A payment received under the Extraordinary Assistance Plan (Canada).

11. The cash surrender value of all life insurance policies held by members of the household, to a maximum of $100,000 for the household.

12. That portion of a loan taken against a life insurance policy that has been or will be used for disability-related items or services.

13. A payment received under the Ontario Hepatitis C Assistance Plan.

14. That portion of a payment received under the Ministry of Community and Social Services Act for the successful participation by a member of the household in a program of activities described in paragraph 9 of section 26 of Ontario Regulation 134/98 under the Ontario Works Act, 1997 that,

i. within a reasonable period, as determined by the service manager, is to be used for the member’s post-secondary education, or

ii. is paid into a Registered Education Savings Plan for one or more of the member’s children.

15. A Canada Education Savings Grant paid into a Registered Education Savings Plan for a child of a member of the household.

16. A lump sum payment received under the 1986-1990 Hepatitis C Settlement Agreement made as of June 15, 1999 among the Attorney General of Canada, Her Majesty the Queen in right of Ontario and others.

17. A payment received from Human Resources Development Canada under the program called the “Opportunities Fund for Persons with Disabilities”, if the payment has been or will be applied to costs incurred or to be incurred as a result of participation in employment-related activities.

18. Clothing, jewellery and other personal effects of a member of the household.

19. Furniture, appliances, furnishings and decorative or artistic items located in the accommodation occupied by members of the household, unless used by a member of the household primarily for the purpose of operating a business.

20. A payment received from the Government of Alberta as compensation for sterilization.

21. A payment received under the Walkerton Compensation Plan.

(13) A service manager may establish a local eligibility rule specifying additional things that shall not be included in assets for the purpose of subsection (11).

Divestment of residential property

9. (1) If a household is receiving rent-geared-to-income assistance, each member of the household who has a legal or beneficial interest in a freehold or leasehold estate in residential property located in or outside Ontario that is suitable for year-round occupancy shall divest himself or herself of his or her interest in the property and shall give written notice to the service manager of the divestment.

(2) The divestment must occur and the notice must be given,

(a) within 180 days after the first day of the month in respect of which the household begins to receive rent-geared-to-income assistance, if the member has the interest in the property at the time the household begins to receive rent-geared-to-income assistance; or

(b) within 180 days after the first day of the month in which the member acquires the interest in the property, if the member acquires the interest in the property after the household begins to receive rent-geared-to-income assistance.

(3) The service manager may extend the time for effecting the divestment and giving the notice for such period of time as the service manager considers appropriate, if the service manager is satisfied that there are reasonable grounds to do so.

(4) If the interest in the estate in the residential property is held jointly by an abused member of a special priority household and the abusing individual, and if the abused member notifies the service manager that he or she believes that the divestment or the taking of steps to effect the divestment would place him or her at risk of abuse from the abusing individual, the service manager shall extend the time for effecting the divestment and giving the notice for such period of time as the service manager considers appropriate.

(5) In this section,

“divest”, in relation to a legal or beneficial interest in a freehold or leasehold estate in property, means to complete the transfer of the interest in the property or to terminate the lease of the property;

“residential property” means,

(a) a property all of which is used for residential purposes or any portion of such a property, or

(b) in the case of a property part of which is used for residential purposes and part of which is used for other purposes, any portion that is used for residential purposes.

Notice of changes

10. (1) A household receiving rent-geared-to-income assistance shall,

(a) within 10 days after each change in a document or information that the household has provided to the service manager, give the service manager a written notice setting out the change; and

(b) in the case of a change in a document, provide the changed document to the service manager within the period of time specified by the service manager.

(2) This section does not apply to a household receiving rent-geared-to-income assistance in a unit 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 this section is inappropriate in the circumstances.

Review of eligibility

11. (1) Once in every 12-month period after a household is determined to be eligible for rent-geared-to-income assistance, the service manager shall review the eligibility of the household and shall determine whether the household continues to be eligible for rent-geared-to-income assistance.

(2) The service manager may review the eligibility of the household more frequently than once in every 12-month period if the service manager considers such a review to be desirable.

(3) The household subject to the review shall provide such information and documents as the service manager may require within the time period specified by the service manager.

(4) The service manager may require a consent signed by any member of the household who is 16 years old or older, consenting to the disclosure to the service manager of information and documents required by the service manager for the purpose of the review.

(5) Subsection 5 (9) applies, with necessary modifications, to a consent under this section.

(6) Subsections 5 (3), (4), (6), (10) and (11) apply, with necessary modifications, to a review under this section.

Cessation of eligibility

12. (1) A household that has been determined by a service manager to be eligible for rent-geared-to-income assistance ceases to be eligible for such assistance, whether or not the household is receiving such assistance, if,

(a) the service manager discovers that, at the time of the initial or a subsequent determination of eligibility, the household did not meet an eligibility requirement set out in subsection 7 (1);

(b) the household has ceased to meet, or does not meet, an eligibility requirement set out in subsection 7 (1);

(d) subject to subsections (2) and (3), the service manager discovers that, at the time of the initial or a previous determination of eligibility, the household did not satisfy a local eligibility rule that had been established by the service manager under section 8;

(e) subject to subsections (2) and (3), the household has ceased to satisfy, or does not satisfy, a local eligibility rule established by the service manager under section 8;

(f) the household fails to comply with subsection 5 (5);

(g) a member of the household fails to comply with section 9;

(h) the household fails to comply with section 10;

(i) the household fails to comply with section 11;

(j) the household ceases to be eligible under paragraph 3 of section 33;

(k) the household ceases to be eligible under section 39 as a result of refusing three offers of a rent-geared-to-income unit; or

(l) the household fails to comply with section 52.

(2) If a household is receiving rent-geared-to-income assistance in a unit at the time a service manager establishes a maximum gross household income amount applicable to the unit for the purposes of a local eligibility rule established under subsection 8 (1),

(a) if the gross household income of the household, as determined under subsections 8 (9) and (10), exceeds the maximum gross household income amount at the time of its establishment, the household does not cease to be eligible for rent-geared-to-income assistance for a failure to satisfy the local eligibility rule;

(b) if the gross household income of the household, as determined under subsections 8 (9) and (10), does not exceed the maximum gross household income amount at the time of its establishment but subsequently increases to the point where it exceeds the maximum gross household income amount, the household ceases at that point to be eligible for rent-geared-to-income assistance for a failure to satisfy the local eligibility rule.

(3) If a household is receiving rent-geared-to-income assistance in a unit at the time a service manager establishes a maximum aggregate household assets amount applicable to the unit for the purposes of a local eligibility rule established under subsection 8 (3),

(a) if the aggregate household assets value of the household, as determined under subsections 8 (11), (12) and (13), exceeds the maximum aggregate household assets amount at the time of its establishment, the household does not cease to be eligible for rent-geared-to-income assistance for a failure to satisfy the local eligibility rule;

(b) if the aggregate household assets value of the household, as determined under subsections 8 (11), (12) and (13), does not exceed the maximum aggregate household assets amount at the time of its establishment but subsequently increases to the point where it exceeds the maximum aggregate household assets amount, the household ceases at that point to be eligible for rent-geared-to-income assistance for a failure to satisfy the local eligibility rule.

(4) A household receiving rent-geared-to-income assistance ceases to be eligible for such assistance if, for a period of 12 consecutive months, the geared-to-income rent payable by it for the unit it occupies, as determined under section 47, is equivalent to the rent that would be payable for the unit by a household not receiving rent-geared-to-income assistance.

Local eligibility rule, absence from unit

13. (1) A service manager may establish a local eligibility rule stating that,

(a) a household receiving rent-geared-to-income assistance ceases to be eligible for such assistance if all of the members of the household have been absent from the unit for at least the maximum absence period specified in the rule;

(b) if a household has only one member and that member is absent from the unit for a period of time because of medical reasons, the member shall be deemed not to be absent from the unit during that period for the purpose of clause (a); and

(c) if a household has two or more members, one member is absent from the unit for a period of time because of medical reasons, and the others are absent from the unit for that period of time because they need to be accommodated elsewhere as a result of the absence of the first member, all the members of the household shall be deemed not to be absent from the unit during that period for the purpose of clause (a).

(2) A service manager may establish a maximum absence period for the purpose of establishing a local eligibility rule described in subsection (1), and the service manager may from time to time establish a new maximum absence period to replace the old one.

(3) A maximum absence period shall be a period consisting of a specified number of consecutive days.

(4) A service manager shall not establish a maximum absence period that is less than 60 consecutive days.

Consequences of cessation of eligibility

14. (1) If a service manager determines that a household receiving rent-geared-to-income assistance has ceased to be eligible for such assistance,

(a) the service manager shall cease to provide rent-geared-to-income assistance in respect of the household, beginning with the month specified in subsection (3); and

(b) the household shall pay rent for the unit it occupies at the rate at which rent is payable for the unit by a household not receiving rent-geared-to-income assistance, beginning with the month specified in subsection (3).

(2) Subsection (1) does not apply if one or more members of the household request an internal review of the service manager’s decision and the service manager’s decision is reversed on the internal review.

(3) The month as of which the provision of rent-geared-to-income assistance must cease and the payment of the higher rent must begin is the month immediately following the 90th day after the date the service manager gives the household written notice under subsection 66 (5) of the Act of the service manager’s decision that the household has ceased to be eligible for rent-geared-to-income assistance.

Notice to housing provider

15. Within seven business days after determining that a household receiving rent-geared-to-income assistance in a unit has ceased to be eligible for such assistance, a service manager shall give the housing provider providing the unit written notice of the service manager’s decision and of the review process available to members of the household in respect of the decision.

Reapplication

16. (1) A household that is determined by a service manager to be ineligible for rent-geared-to-income assistance because it fails to meet the requirements of clause 7 (1) (g) may not reapply for rent-geared-to-income assistance for a period of two years from,

(a) the first day of the month as of which the provision of rent-geared-to-income assistance in respect of the household ceases, if the household is receiving rent-geared-to-income assistance at the time the service manager determines the household to be ineligible; or

(b) the date the service manager gives the household written notice of the determination of ineligibility, if the household is not yet receiving rent-geared-to-income assistance at the time the service manager determines the household to be ineligible.

(2) A household that is determined by a service manager to be ineligible for rent-geared-to-income assistance because it fails to meet the requirements of clause 7 (1) (h) may not reapply for rent-geared-to-income assistance for a period of two years from,

Local eligibility rule, reapplication

17. (1) A service manager may establish a local eligibility rule that is identical to subsection 16 (1) except for the fact that the period specified by the service manager is a period longer than two years.

(2) A service manager may establish a local eligibility rule that is identical to subsection 16 (2) except for the fact that the period specified by the service manager is a period longer than two years.

Special Needs Housing

Interpretation

18. In the case of a service area to which this Regulation applies by virtue of subsection 1 (1), a reference in section 20, 21 or 22 to a supportive housing provider shall be interpreted as follows:

1. If a lead agency is designated for the service area and if, in making the designation, the Lieutenant Governor in Council has transferred the rights or duties described in section 20, 21 or 22 to the lead agency, the reference in that section to the supportive housing provider shall be deemed to be a reference to the lead agency, and not to the supportive housing provider, during the period in which the designation is in force.

2. If a lead agency is not designated for the service area or if, in making the designation, the Lieutenant Governor in Council has not transferred the rights or duties described in section 20, 21 or 22 to the lead agency, and if one or more supportive housing providers are set out in Column 2 of Table 2 opposite the service manager, the reference in that section to the supportive housing provider shall be interpreted as a reference to the supportive housing providers set out in Column 2 of Table 2 opposite the service manager.

3. In all other cases, the reference in section 20, 21 or 22 to the supportive housing provider shall be deemed to be a reference to the service manager, and not to the supportive housing provider.

Eligibility requirement

19. (1) A household is eligible for special needs housing if one or more of its members require accessibility modifications or provincially-funded support services in order to live independently in the community.

(2) A household need not be eligible for rent-geared-to-income assistance in order to be eligible for special needs housing.

Notice of changes

20. A household occupying special needs housing shall,

(a) within 10 days after each change in a document or information that the household has provided to the supportive housing provider, give the supportive housing provider a written notice setting out the change; and

(b) in the case of a change in a document, provide the changed document to the supportive housing provider within the period of time specified by the supportive housing provider.

Review of eligibility

21. (1) Once in every 12-month period after a household is determined to be eligible for special needs housing, the supportive housing provider shall review the eligibility of the household and shall determine,

(a) whether the household continues to be eligible for special needs housing; and

(b) if the household is occupying special needs housing, whether the household continues to be eligible for the unit it occupies.

(2) The household subject to the review shall provide such information and documents as the supportive housing provider may require within the time period specified by the supportive housing provider.

(3) The supportive housing provider may require a consent signed by any member of the household who is 16 years old or older, consenting to the disclosure to the supportive housing provider of information and documents required by the supportive housing provider for the purpose of the review.

(4) Subsection 6 (6) applies, with necessary modifications, to a consent under this section.

(5) Subsection 6 (7) applies, with necessary modifications, to a review under this section.

Cessation of eligibility

22. (1) A household that has been determined to be eligible for special needs housing ceases to be eligible for such housing, whether or not the household is occupying such housing, if,

(a) the supportive housing provider discovers that, at the time of the initial or a subsequent determination of eligibility, the household did not meet the eligibility requirement set out in section 19;

(b) if the household had one or more members who required accessibility modifications in order to live independently in the community, it no longer has any such members, and if the household had one or more members who required provincially-funded support services in order to live independently in the community, each such member has permanently recovered from the condition that necessitated the provision of support services and will not require support services in the future in respect of that condition;

(d) the household fails to comply with section 20; or

(e) the household fails to comply with section 21.

(2) A household that has been determined to be eligible for and that is occupying a modified unit ceases to be eligible for that unit if the household no longer has any members who require the accessibility modifications provided in that unit in order to live independently in the community.

(3) A household that has been determined to be eligible for and that is occupying a unit for which provincially-funded support services are provided ceases to be eligible for that unit if each member of the household who required support services in order to live independently in the community no longer requires the support services available for that unit and will not in the future require the support services available for that unit as a result of that condition.

Time for Making Determinations

Time for making determinations

23. (1) A determination about whether a household is eligible for rent-geared-to-income assistance or special needs housing must be made within 30 days after the household’s application is complete.

(2) If a request for inclusion in the special priority household category is made with the household’s application for rent-geared-to-income assistance, the determination about whether the household is eligible for rent-geared-to-income assistance must be made within 14 days after the household’s application is complete.

(3) If the members of the household were given an opportunity to comment, under section 80 of the Act, in relation to the determination, the 30 or 14 days mentioned in subsection (1) or (2) does not include the time period,

(a) beginning on the day the notice of that opportunity was given under subsection 55 (2); and

(b) ending on the last day comments may be received under subsection 55 (6).

PART IV
SPECIAL PRIORITY HOUSEHOLD CATEGORY

Request to be special priority household

24. (1) If a household is applying for rent-geared-to-income assistance, any member of the household who is 16 years old or older may request that the service manager determine that the household should be included in the special priority household category on the centralized waiting list.

(2) A request for a determination that a household should be included in the special priority household category may not be made except as provided in subsection (1).

(3) The request must be in writing and must state that,

(a) a member of the household has been subject to abuse from another individual;

(b) the abusing individual is or was living with the member or is sponsoring the member as an immigrant; and

(4) The request must be signed by the member making the request.

(5) If the member making the request is unable for any reason to sign the request or to make a valid request, the request may be signed on the member’s behalf by another individual who,

(a) is the parent or guardian of the member;

(b) is an attorney of the member under a power of attorney that authorizes the attorney to make the request on the member’s behalf; or

(6) The request must include a consent signed by the abused member, consenting to the disclosure to the service manager of information and documents required by the service manager for the purpose of verifying the statement required under clause (3) (a).

(7) If the abused member is less than 16 years old or is unable for any reason to sign the consent or to give a valid consent, the consent may be signed on the member’s behalf by another individual who,

(a) is the parent or guardian of the member;

(b) is an attorney of the member under a power of attorney that authorizes the attorney to give the consent on the member’s behalf; or

(8) The member making the request shall provide such information and documents as the service manager may require for the purpose of verifying the statement required under clause (3) (a).

(9) If the service manager is satisfied that the member making the request or a third party is unable to provide information or a document, the service manager shall not require the member or the third party to provide that information or document.

(10) 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, the service manager shall not require the member to provide that information or document.

(11) The service manager shall not require information as to whether the member making the request or the abused member has commenced legal proceedings against the abusing individual and shall not require information or documents relating to such proceedings.

(12) The service manager shall not require information or documents from more than one person for the purpose of verifying the statement required under clause (3) (a).

(13) If the abused member and the abusing individual used to live together but no longer do, the request must be submitted to the service manager within three months after they ceased to live together.

(14) The service manager may allow a request to be submitted later than would be allowed under subsection (13) if the service manager is satisfied that it is appropriate to do so after considering whether,

(a) no member of the household knew that he or she could request to be included in the special priority household category;

(b) no member of the household knew of the need to submit a request within the time limit set out in subsection (13);

(d) the abused member is at risk of resuming living with the abusing individual due to financial hardship which could be alleviated by the provision of rent-geared-to-income assistance;

(e) the abused member is in need of rent-geared-to-income assistance to alleviate financial hardship arising from legal proceedings in relation to the previous abuse; or

(f) the abused member is attempting to use the provision of rent-geared-to-income assistance as part of an overall program of recovery and re-establishment of a safe and normal life.

(15) The member making the request may inform the service manager of the manner and form in which he or she wishes to receive communications from the service manager and of the telephone number, postal address or other address at which he or she wishes to receive such communications and, in that case, the service manager shall communicate with the member making the request only in accordance with the instructions provided by the member under this section.

(16) Upon receiving the request, the service manager shall determine whether,

(a) the request meets the requirements of subsection (3) and the request and the consent have been signed; and

(b) the service manager has received all other information and documents required by the service manager, including information and documents from a third party, for the purpose of verifying the statement required under clause (3) (a).

(17) Within seven business days after receiving the request, the service manager shall give the member making the request a written notice,

(a) stating that the request is complete, if the service manager has determined that the conditions set out in subsection (16) have been met; or

(b) stating that the request is not complete and explaining why it is not complete, if the service manager has determined that the conditions set out in subsection (16) have not been met.

(18) If the service manager gives the member making the request a written notice stating that the request is not complete, the service manager shall, if it determines subsequently that the conditions set out in subsection (16) have been met, promptly give the member making the request a written notice stating that the request is now complete.

(19) The request shall be considered to be complete for the purposes of this Regulation on the date of the written notice given by the service manager stating that the request is complete.

Special priority households

25. (1) If a request is made under section 24, the service manager shall determine that the household should be included in the special priority household category on the waiting list if the service manager verifies the statement required under clause 24 (3) (a) that a member of the household has been subject to abuse from another individual.

(2) A service manager is not required to make a decision if the request is not complete.

(3) The service manager shall accept, as verification of the statement required under clause 24 (3) (a) that a member of the household has been subject to abuse from another individual, a record described in subsection (4) that is prepared by an individual described in subsection (5), whether the record is disclosed to the service manager in written or verbal form.

(4) The record referred to in subsection (3) is any of the following:

1. A record of intervention by the police indicating that the member was abused by the abusing individual.

2. A record of physical injury caused to the member by the abusing individual.

3. A record of the application of force by the abusing individual against the member to force the member to engage in sexual activity against his or her will.

4. A record of words, actions or gestures by the abusing individual that threaten the member or his or her property including, but not limited to, the following:

i. Threatening to physically harm the member or another member of the household.

ii. Threatening to destroy or injure the member’s property.

iii. Killing or intentionally injuring pets.

iv. Threatening to remove the member’s children from the household.

v. Threatening to prevent the member from having access to his or her children.

vi. Forcing the member to perform degrading acts.

vii. Terrorizing the member.

viii. Threatening to take action to withdraw from sponsoring the member as an immigrant.

ix. Threatening to take action that might lead to the member being deported.

x. Other words, actions or gestures which lead the member to fear for his or her safety.

5. A record of undue or unwarranted control by the abusing individual over the member’s daily personal and financial activities.

(5) The individual referred to in subsection (3) is any of the following:

1. A doctor.

2. A lawyer.

3. A law enforcement officer.

4. A member of the clergy.

5. A teacher.

6. A guidance counsellor.

7. An individual in a managerial or administrative position with a housing provider.

8. A community health care worker.

9. A social worker.

10. A social service worker.

11. A victim services worker.

12. A settlement services worker.

13. A shelter worker.

(6) In subsection (5),

“community health care worker” means an individual employed by a community health centre to provide health and health promotion education and information and to administer health and health promotion programs;

“settlement services worker” means an individual employed by an agency or organization to assist individuals coming to Ontario to settle in, adapt to and be integrated into the community;

“shelter worker” means an individual employed by an agency or organization to assist individuals for whom the agency or organization provides accommodation in an emergency or transitional shelter because of homelessness or abuse;

“social service worker” means an individual who performs the role of a social service worker within the meaning of section 10 of Ontario Regulation 383/00 made under the Social Work and Social Service Work Act, 1998;

“social worker” means an individual who performs the role of a social worker within the meaning of section 9 of Ontario Regulation 383/00 made under the Social Work and Social Service Work Act, 1998;

“victim services worker” means an individual employed by an agency or organization to provide support initiatives for victims of crime and disaster.

(7) Once a service manager determines that a household should be included in the special priority household category on the waiting list, the service manager shall not reconsider whether that household should be included in that category.

PART V
OCCUPANCY STANDARDS

Provincial occupancy standards established

26. Sections 27 and 28 establish provincial occupancy standards for the purposes of section 76 of the Act for the purposes of determining the size and type of unit in respect of which a household is eligible to receive rent-geared-to-income assistance.

Largest unit

27. (1) The largest unit a household is eligible for is determined in accordance with this section.

(2) The largest unit a household is eligible for is a unit that has,

(a) one bedroom for any two members of the household who are spouses of each other or same-sex partners of each other;

(b) one bedroom for each additional member of the household; and

(3) The additional bedrooms referred to in clause (2) (c) are the following:

1. An additional bedroom if one of the spouses or same-sex partners referred to in clause (2) (a) requires a separate bedroom because of a disability or medical condition.

2. An additional bedroom if the room is required to store equipment required by a member of the household because of a disability or medical condition.

3. An additional bedroom if the bedroom is required to accommodate an individual who is not a member of the household and who provides a member of the household with support services that are required because of the member’s disability or medical condition.

4. An additional bedroom if a member of the household is pregnant.

5. An additional bedroom if,

i. a member of the household has joint custody over a child who is not a member of the household,

ii. the member is required to provide accommodation for the child, and

iii. the bedroom is required to accommodate the child.

6. An additional bedroom if,

i. a member of the household has visiting rights with respect to a child who is not a member of the household,

ii. it is a condition of the member’s visiting rights that the member must provide adequate accommodation for the child when the child stays overnight with the member,

iii. the child will stay overnight with the member frequently, and

iv. the bedroom is required to accommodate the child.

(4) An additional bedroom shall be included under clause (2) (c) only if the household requests it.

Smallest unit

28. (1) The smallest unit a household is eligible for is determined in accordance with this section.

(2) The smallest unit a household is eligible for is a unit that has,

(a) one bedroom for every two members of the household; and

(b) an additional bedroom if there is an odd number of members in the household.

(3) Despite subsection (2), if the household consists of one individual or two individuals who are spouses of each other or same-sex partners of each other, the smallest unit the household is eligible for is a bachelor unit.

Students living away from household

29. For greater certainty for the purpose of this Part, a child of a member of the household is a member of the household if the child,

(a) is in regular full-time attendance at a recognized educational institution and, while in attendance, does not live with the household;

(b) lives with the household while not attending that educational institution; and

Requests under this Part

30. The following apply with respect to requests under this Part:

1. A request under this Part may be included in the application for rent-geared-to-income assistance or it may be made after the application is made.

2. If a request is made after the application for rent-geared-to-income assistance is made, the request must be in writing and must be given to the service manager.

3. Subsections 5 (2), (5) and (7) to (16) apply, with necessary modifications, with respect to a request described in paragraph 2.

4. A request may be withdrawn by the household but such a withdrawal must be in writing and must be given to the service manager.

Local occupancy standards

31. (1) The transferred housing programs that are housing programs described in subsection (2) are prescribed for the purposes of subsection 76 (4) of the Act.

(2) The housing programs referred to in subsection (1) are housing programs that are described in Table 1 of Ontario Regulation 645/00 for any of the following housing category numbers:

1. 1 (a) or 1 (b).

2. 2 (a), 2 (b), 2 (c) or 2 (d).

3. 6 (a) or 6 (b).

(3) The prescribed period of time for a service manager for the purposes of subsection 76 (4) of the Act is the year following the effective date of the earliest transfer to the service manager of the responsibility for a transferred housing program prescribed under this section.

Review of eligibility — occupancy standards

32. (1) A review under section 11 relating to a household that is occupying a rent-geared-to-income unit shall include a review of whether the size and type of the unit is within the range in respect of which the household is eligible to receive rent-geared-to-income assistance under the applicable occupancy standards.

(2) If, under a review under section 11, the service manager determines that a household occupies a rent-geared-to-income unit that is larger than the largest unit in respect of which the household is eligible to receive rent-geared-to-income assistance, the service manager shall give the housing provider written notice of that determination.

Special rule, overhoused households

33. If the service manager gives a housing provider written notice under subsection 32 (2) that a household occupies a rent-geared-to-income unit that is larger than the largest unit in respect of which the household is eligible to receive rent-geared-to-income assistance and the household is not eligible for special needs housing, the following apply:

1. If none of the housing projects that the housing provider operates in the service manager’s service area has a unit, occupied or not, that is of a size within the range in respect of which the household is eligible to receive rent-geared-to-income assistance under the applicable occupancy standards, the housing provider shall give the service manager written notice of that fact and the service manager shall add the household to the centralized waiting list.

2. If paragraph 1 does not apply but one year after the notice under subsection 32 (2) is received the household remains in a unit that is larger than the largest unit in respect of which the household is eligible to receive rent-geared-to-income assistance, the housing provider shall give the service manager written notice of that fact and the service manager shall add the household to the centralized waiting list.

3. If the household is added to the centralized waiting list under paragraph 1 or 2 and the household requests to be removed from the waiting list, the household ceases to be eligible for rent-geared-to-income assistance.

Result of ceasing to be within the occupancy standard range

34. If a household occupies a rent-geared-to-income unit and that unit ceases to be within the range in respect of which the household is eligible to receive rent-geared-to-income assistance under the applicable occupancy standards, the household does not cease to be eligible for rent-geared-to-income assistance in respect of that unit except as provided under section 12.

PART VI
WAITING LISTS AND PRIORITY RULES

Centralized and Subsidiary Waiting Lists

Centralized waiting list

35. (1) A service manager shall establish and administer, under section 68 of the Act, a centralized waiting list.

(2) The service manager shall establish the centralized waiting list on or before the day that is one year after the day this Regulation begins to apply to the service area of the service manager or, if the approved local transfer plan provides for an earlier date, that earlier date.

(3) In subsection (2),

“approved local transfer plan” means a plan of the service manager under section 14 of the Act that has been approved by the Minister under that section.

Subsidiary waiting lists

36. (1) A service manager shall provide an up-to-date subsidiary waiting list for a housing project in the service area to the housing provider for the project at least once each calendar month and, in addition, at such other times as the housing provider may request.

(2) The subsidiary waiting list shall include all the households on the centralized waiting list that the centralized waiting list indicates have a preference for that housing project, ranked as required under subsection 68 (5) of the Act.

(3) The subsidiary waiting list shall also include the following for each household on the list:

1. The names of the members of the household.

2. The address at which the household can be contacted.

3. Whether the household is a special priority household or a homeless or hard to house household or whether it is included in a category, established under the local priority rules, within the waiting list.

4. The sizes and types of unit in respect of which the household is eligible to receive rent-geared-to-income assistance under the applicable occupancy standards.

Rules for the centralized waiting list

37. The following are requirements for the centralized waiting list:

1. A household shall be added to the waiting list upon the service manager determining that the household is eligible for rent-geared-to-income assistance.

2. A household shall be removed from the waiting list if it requests to be removed or if it ceases to be eligible to be included.

3. A household shall be removed from the waiting list if the household has accepted an offer of a rent-geared-to-income unit.

4. Paragraph 3 does not apply with respect to the acceptance of an offer of temporary housing that is to be provided while one or more members of the household are receiving treatment or counselling or that is provided because the household is in need of emergency shelter.

5. The size of unit with respect to which a household has indicated a preference, either in the household’s application for rent-geared-to-income assistance or subsequently, shall be indicated on the waiting list.

6. A household may indicate a preference either for,

i. all sizes of units within the range in respect of which the household is eligible to receive rent-geared-to-income assistance under the applicable occupancy standards, or

ii. the largest of the units described in subparagraph i.

7. If a household does not indicate any preference for a size of housing unit, it shall be deemed to have indicated a preference for the largest unit under subparagraph 6 ii.

8. The housing projects with respect to which a household has indicated a preference, either in the household’s application for rent-geared-to-income assistance or subsequently, shall be indicated on the waiting list.

9. A preference for a housing project by a household that does not meet the requirements of the mandate under section 99 of the Act of the housing provider with respect to the housing project is ineffective and shall not be indicated on the waiting list.

10. A service manager shall establish geographic areas for the purposes of the waiting list and a household may indicate a preference for all the housing projects in a geographic area by indicating a preference for that geographic area.

11. If a household does not indicate any preference for a housing project it shall be deemed to have indicated a preference for all the housing projects in the service area.

12. A household’s preference for a housing project or geographic area shall be removed if the household requests it.

Special rule, transfers to another housing provider in same service area

38. The following apply with respect to a household occupying a rent-geared-to-income unit that wishes to transfer to another rent-geared-to-income unit in a housing project operated by a different housing provider within the same service area:

1. The household may request to be added to the centralized waiting list by submitting an application signed by all members of the household who are 16 years old or older.

2. If a member of the household who is 16 years old or older is unable for any reason to sign the application, or to make a valid application, the application may be signed on the member’s behalf by another individual who,

i. is the parent or guardian of the member,

ii. is an attorney of the member under a power of attorney that authorizes the attorney to make the application, or

iii. is otherwise authorized to make the application on the member’s behalf.

3. A household that makes a request in accordance with paragraph 1 shall be added to the centralized waiting list.

Refusal of three offers — ineligibility

39. (1) A household that is on the centralized waiting list for rent-geared-to-income units, other than a household that has been determined to be eligible for special needs housing, ceases to be eligible for rent-geared-to-income assistance if the household refuses three offers of a rent-geared-to-income unit.

(2) Subsection (1) applies with respect to the refusal of an offer only if the following are satisfied:

1. The size of unit that is offered is a size for which the household has indicated a preference.

2. The unit that is offered is a unit in respect of which the household would be eligible for rent-geared-to-income assistance.

3. The unit that is offered is in a housing project for which the household has indicated a preference.

(3) Subsection (1) does not apply with respect to the refusal of a bachelor unit by a household consisting of two spouses or same-sex partners.

(4) Subsection (1) does not apply with respect to a refusal by a household that is in temporary housing that is to be provided while one or more members of the household are receiving treatment or counselling or that is provided because the household is in need of emergency shelter.

Provincial priority rules established

40. Sections 41 and 42 establish provincial priority rules for ranking households on centralized and subsidiary waiting lists for the purposes of section 77 of the Act.

Ranking according to date

41. (1) A household ranks higher than another household with a later ranking date.

(2) The ranking date for a household that was added to the centralized waiting list under paragraph 1 of section 37 is the date the household applied for rent-geared-to-income assistance.

(3) Despite subsection (2), if the service manager so provides in the local priority rules, the ranking date for a household that has indicated a preference for a housing project after the determination that the household is eligible for rent-geared-to-income assistance is, with respect to the housing project, the date the household indicated that preference.

(4) The ranking date for a household that was added to the centralized waiting list under section 38 is,

(a) the date the household requested to be added to the centralized waiting list; or

(b) if the household occupies a unit provided by an alternative housing provider under its mandate to provide housing to homeless or hard to house households, the date the household applied for rent-geared-to-income assistance before first beginning to receive rent-geared-to-income assistance.

(5) The ranking date for a household that was added to the centralized waiting list under section 33 is the date the household applied for rent-geared-to-income assistance before first beginning to receive rent-geared-to-income assistance.

Priority for special priority households

42. (1) Despite section 41, a special priority household ranks higher than another household that is not a special priority household.

(2) A special priority household ranks higher than another special priority household if the service manager determines that a member of the first household is at a greater risk of being abused than the members of the other household.

(3) Subject to subsection (2), if the abused member of a special priority household lives with the abusing individual, that household ranks higher than another special priority household for which that is not the case.

(4) Subject to subsections (2) and (3), a special priority household ranks higher than another special priority household with a later special priority ranking date.

(5) The special priority ranking date is the date the household requested to be included in the special priority household category.

Provincial priority rules prevail over local priority rules

43. If a local priority rule is inconsistent with a provincial priority rule, the provincial priority rule prevails to the extent of the inconsistency.

Transition, new centralized waiting lists

44. (1) All households that, immediately before the establishment of a centralized waiting list, are already on waiting lists for housing projects covered by the centralized waiting list shall be added to the centralized waiting list.

(2) Subject to subsection (3), the ranking date for a household added under subsection (1), shall be the date the household applied for rent-geared-to-income assistance.

(3) If, before the establishment of the centralized waiting list, different dates were used for the purposes of ranking households, the service manager may use those different dates as the ranking dates.

Special Needs Waiting Lists

Special needs waiting lists

45. (1) This section applies with respect to waiting lists for special needs housing required under section 74 of the Act.

(2) The following are requirements for waiting lists for special needs housing:

1. A household shall be added to a waiting list upon being determined to be eligible for special needs housing.

2. A household shall be removed from a waiting list if it requests to be removed or if it ceases to be eligible to be included.

3. A household shall be removed from a waiting list if the household has accepted an offer of special needs housing.

(3) The following apply with respect to a household occupying a special needs housing unit that wishes to transfer to another special needs housing unit within the same service area:

1. The household may request to be added to a waiting list for special needs housing by submitting an application signed by all members of the household who are 16 years old or older.

i. is the parent or guardian of the member,

ii. is an attorney of the member under a power of attorney that authorizes the attorney to make the application, or

iii. is otherwise authorized to make the application on the member’s behalf.

3. A household that makes a request in accordance with paragraph 1 shall be added to the waiting list.

(4) If the responsibility for administering a waiting list for special needs housing is transferred, the former administrator of the waiting list shall forward the waiting list and all information relating to the waiting list to the new administrator of the waiting list.

(5) If a service manager, supportive housing provider or lead agency that is required to establish and administer one or more waiting lists for special needs housing under section 74 of the Act administers, immediately before this Regulation comes into force in the service manager’s service area, a waiting list for special needs housing, that waiting list is continued as a waiting list under section 74 of the Act.

PART VII
CALCULATION OF GEARED-TO-INCOME RENT

Definition

46. In this Part, unless the context otherwise requires,

“benefit unit” means a benefit unit under the Ontario Works Act, 1997 or the Ontario Disability Support Program Act, 1997;

“dependant” has the same meaning as in Ontario Regulation 134/98 made under the Ontario Works Act, 1997;

“recipient”, “same-sex partner” and “spouse” have the same meaning as in the Ontario Works Act, 1997.

Geared-to-income rent payable

47. (1) For the purpose of section 69 of the Act, the geared-to-income rent payable for a month by a household that is eligible for rent-geared-to-income assistance and that occupies a rent-geared-to-income unit is the amount obtained by,

(a) if the household has at least one benefit unit to which section 48 applies, determining under section 48 the rent attributable for the month to each of such benefit units;

(b) if the household has at least one family unit that is not, and no part of which is, a benefit unit to which section 48 applies, determining under section 49 the rent attributable for the month to each of such family units;

(c) if the household has at least one family unit a part of which is a benefit unit to which section 48 applies and the other part of which is not, determining under section 49 the rent attributable for the month to the part of each of such family units that is not a benefit unit to which section 48 applies;

(d) calculating the sum of all the amounts determined under clauses (a), (b) and (c);

(e) adding, to the amount calculated under clause (d), the amount of the increases, if any, required by section 51 in respect of services or utilities; and

(f) subtracting, from the amount calculated under clause (d), the amount of the reductions, if any, required by section 51 in respect of services, utilities or heating.

(2) Despite subsection (1),

(a) the minimum geared-to-income rent payable for a month by a household that is eligible for rent-geared-to-income assistance is $85; and

(b) the maximum geared-to-income rent payable for a month by a household that is eligible for rent-geared-to-income assistance is the rent that would be payable for the unit occupied by the household if the unit were occupied by a household not eligible for rent-geared-to-income assistance.

(3) The geared-to-income rent payable for a fraction of a month is the amount obtained by multiplying the geared-to-income rent payable for the month by the fraction of the month for which the rent is payable.

Benefit units

48. (1) In the case of a benefit unit under the Ontario Works Act, 1997 consisting of a recipient with no spouse or same-sex partner but with one or more other dependants, the rent attributable for a month to a benefit unit of a size set out in Column 1 of Table 3 is the amount set out opposite the benefit unit in Column 2 of Table 3.

(2) Subsection (1) does not apply to a benefit unit of a size set out in Column 1 of Table 3 if the total non-benefit income for the month of the members of the benefit unit exceeds the amount set out opposite the benefit unit in Column 3 of Table 3.

(3) In the case of a benefit unit under the Ontario Works Act, 1997, other than one described in subsection (1), the rent attributable for a month to a benefit unit of a size set out in Column 1 of Table 4 is the amount set out opposite the benefit unit in Column 2 of Table 4.

(4) Subsection (3) does not apply to a benefit unit of a size set out in Column 1 of Table 4 if the total non-benefit income for the month of the members of the benefit unit exceeds the amount set out opposite the benefit unit in Column 3 of Table 4.

(5) In the case of a benefit unit under the Ontario Disability Support Program Act, 1997, the rent attributable for a month to a benefit unit of a size set out in Column 1 of Table 5 is the amount set out opposite the benefit unit in Column 2 of Table 5.

(6) Subsection (5) does not apply to a benefit unit of a size set out in Column 1 of Table 5 if the total non-benefit income for the month of the members of the benefit unit exceeds the amount set out opposite the benefit unit in Column 3 of Table 5.

(7) Subsection (5) does not apply to a benefit unit if,

(a) the total amount of a spouse’s allowance under the Old Age Security Act (Canada) payable to the benefit unit for the month exceeds the amount payable to the benefit unit for basic needs for the month under paragraph 1 of subsection 30 (1) of Ontario Regulation 222/98 made under the Ontario Disability Support Program Act, 1997; or

(b) the total amount of disability benefits under the Canada Pension Plan payable to the benefit unit for the month exceeds the amount payable to the benefit unit for basic needs for the month under paragraph 1 of subsection 30 (1) of Ontario Regulation 222/98 made under the Ontario Disability Support Program Act, 1997.

(8) For the purposes of subsections (2), (4) and (6), the total non-benefit income of the members of a benefit unit for a month shall be determined in accordance with subsections 50 (2) to (6), with the following exceptions:

1. A reference to “For the purpose of subclause (1) (a) (i)” shall be deemed to be a reference to “For the purposes of subsections 48 (2), (4) and (6)”.

2. A reference to “family unit” shall be deemed to be a reference to “benefit unit”.

3. Paragraphs 42, 43, 44, 45, 46 and 47 of subsection 50 (3) do not apply to the determination of non-benefit income.

4. The following shall not be included in non-benefit income:

i. A payment received under the Ontario Works Act, 1997.

ii. A payment received under the Ontario Disability Support Program Act, 1997.

Family units

49. (1) This section applies to a family unit that is not, and no part of which is, a benefit unit to which section 48 applies.

(2) In the case of a family unit a part of which is a benefit unit to which section 48 applies and the other part of which is not, this section applies to the part of the family unit that is not a benefit unit to which section 48 applies.

(3) The rent attributable for a month to a family unit to which this section applies, as described in subsection (1), or a part of a family unit to which this section applies, as described in subsection (2), is the amount obtained by,

(a) calculating 30 per cent of the adjusted family income for the month, as determined under section 50, of the family unit or the part of the family unit; and

(b) if the family unit or the part of the family unit has a member described in subsection (4) and the sum of the income and imputed income of the member for the month, as determined in accordance with subsections 50 (2) to (11), is equal to or greater than $75, subtracting from the amount calculated under clause (a) 15 per cent of the first $1,000 of the sum of the income and imputed income of the member for the month.

(4) The member referred to in clause (3) (b) and subclause 50 (1) (b) (iii) is a member who,

(a) is a child of another member of the family unit;

(b) lives with and has always lived with the member mentioned in clause (a);

(d) is not the parent of an individual living with the household containing the family unit.

Adjusted family income

50. (1) For the purpose of clause 49 (3) (a), the adjusted family income of a family unit for a month is, subject to subsection (13), the amount obtained by,

(a) adding,

(i) the income of each of the members of the family unit for the month, as determined under subsections (2) to (7), and

(ii) the imputed income of each of the members of the family unit for the month from his or her interests in non-income-producing assets, as determined under subsections (8) to (11); and

(b) subtracting, from the amount determined under clause (a),

(i) $75, in the case of a family unit that has no children and only one individual who has employment-related income in the month,

(ii) $150, in the case of a family unit that has,

(A) at least one child, and at least one individual who has employment-related income in the month, or

(B) at least two individuals who have employment-related income in the month, and

(iii) the sum of the income and imputed income for the month of each member of the family unit who is described in subsection 49 (4), if the sum of the income and imputed income of that member for the month, as determined in accordance with subsections (2) to (11), is less than $75.

(2) For the purpose of subclause (1) (a) (i), the income of a member of a family unit for a month is the total amount of all payments of any nature paid to or on behalf of or for the benefit of the member during the month, subject to subsections (3), (5) and (6).

(3) For the purpose of subclause (1) (a) (i), the following shall not be included in income, subject to subsection (4):

1. A payment received under section 49 of the Ontario Disability Support Program Act, 1997 to provide financial assistance for children with severe disabilities.

2. A payment received from a children’s aid society on behalf of a child in care under the Child and Family Services Act.

3. A payment received under clause 175 (f) of the Child and Family Services Act.

4. A payment received under subsection 2 (2) of the Developmental Services Act.

5. A payment received under the Ministry of Community and Social Services Act.

6. A payment, refund or credit received under the Income Tax Act (Ontario).

7. A payment, refund or credit received under the Income Tax Act (Canada).

8. A death benefit received under the Canada Pension Plan.

9. A payment received from the Department of Indian Affairs and Northern Development (Canada) or from a band for board and lodging of a student attending a secondary school not on the reserve.

10. A payment received pursuant to the Indian Act (Canada) under a treaty between Her Majesty in right of Canada and a band, other than funds for post-secondary education.

11. A payment received from a band as an incentive bonus for school attendance by a person who is a child of a member of the family unit and who is attending school.

12. A payment received under Order in Council P.C. 1977-2496 made under section 40 of the Indian Act (Canada).

13. A payment received under the Extraordinary Assistance Plan (Canada).

14. A grant received under the Employment Insurance Act (Canada) and used for the purpose of the purchase by a member of a benefit unit under the Ontario Works Act, 1997 of a training course approved by an administrator under that Act.

15. A Canada Education Savings Grant, if it is paid into a Registered Education Savings Plan for a child of a member of the family unit.

16. A payment received from Human Resources Development Canada under the program called the “Opportunities Fund for Persons with Disabilities”, if the payment has been or will be applied to costs incurred or to be incurred as a result of participation in employment-related activities.

17. A capital gain.

18. The proceeds received from the sale, liquidation or other disposition of real or personal property.

19. Interest received from or accrued in a prepaid funeral plan.

20. Interest, dividends or any other income received from or accrued in a locked-in Registered Retirement Savings Plan.

21. An inheritance.

22. Lottery winnings.

23. A donation received from a religious, charitable or benevolent organization.

24. A casual gift or casual payment of small value.

25. A loan.

26. Income received by a student who is in regular full-time attendance at a recognized educational institution if,

i. the institution is a primary or secondary institution, or

ii. the institution is a post-secondary institution and the student,

A. is a single student, as defined in Regulation 774 of the Revised Regulations of Ontario, 1990 made under the Ministry of Training, Colleges and Universities Act,

B. had not been out of a secondary institution for more than five years as of the start of his or her current study period in the post-secondary institution, and

C. has been a full-time student at a secondary or post-secondary institution for at least 12 consecutive months on two or more occasions.

27. An award or a grant received from the Ministry of Training, Colleges and Universities by a student enrolled in a post-secondary institution.

28. A bursary received under paragraph 18 of subsection 8 (1) of the Education Act by a student in regular full-time attendance at a secondary school.

29. A payment received by a student from the Canada Millennium Scholarship Foundation.

30. An allowance received for room and board in respect of employment away from the unit one occupies.

31. An allowance received for expenses incurred in travelling in respect of employment.

32. An allowance or a payment received for child care, transportation, tuition or other expenses in respect of any job training or employment-related program in which one is enrolled.

33. A benefit received from Veterans Affairs Canada under the Veterans Independence Program.

34. A war reparation payment, made either in periodic instalments or in a lump sum amount.

35. An amount received as damages or compensation for,

i. pain and suffering resulting from an injury to or the death of a member of the household, or

ii. expenses reasonably incurred or to be incurred as a result of an injury to or the death of a member of the household.

36. A lump sum insurance payment.

37. A lump sum severance payment arising from a dismissal from employment.

38. A lump sum payment received under a decision of a court.

39. A lump sum payment received under a decision of a statutory tribunal.

40. A payment received under any of the following agreements to which the Province of Ontario is a party:

i. The Helpline Reconciliation Model Agreement.

ii. The Multi-Provincial/Territorial Assistance Program Agreement.

iii. The Grandview Agreement.

41. A payment received under the Ontario Hepatitis C Assistance Plan.

42. The total amount of spouse’s allowance payments under the Old Age Security Act (Canada) received by a benefit unit under the Ontario Disability Support Program Act, 1997 for the month, if that amount is equal to or less than the amount received by the benefit unit for basic needs for the month under paragraph 1 of subsection 30 (1) of Ontario Regulation 222/98 made under the Ontario Disability Support Program Act, 1997.

43. The total amount of disability benefits under the Canada Pension Plan received by a benefit unit under the Ontario Disability Support Program Act, 1997 for the month, if that amount is equal to or less than the amount received by the benefit unit for basic needs for the month under paragraph 1 of subsection 30 (1) of Ontario Regulation 222/98 made under the Ontario Disability Support Program Act, 1997.

44. The total amount of income support received by a benefit unit under the Ontario Disability Support Program Act, 1997 for the month, if the amount received by the benefit unit for basic needs for the month under paragraph 1 of subsection 30 (1) of Ontario Regulation 222/98 made under that Act is less than the total amount of spouse’s allowance payments under the Old Age Security Act (Canada) received by the benefit unit for the month.

45. The total amount of income support received by a benefit unit under the Ontario Disability Support Program Act, 1997 for the month, if the amount received by the benefit unit for basic needs for the month under paragraph 1 of subsection 30 (1) of Ontario Regulation 222/98 made under that Act is less than the total amount of disability benefits under the Canada Pension Plan received by the benefit unit for the month.

46. The total amount of payments under the Ontario Works Act, 1997 received by a benefit unit under that Act for the month if,

i. in the case of a benefit unit consisting of a recipient with no spouse or same-sex partner but with one or more other dependants, the total non-benefit income for the month of the members of the benefit unit exceeds the amount set out opposite the benefit unit in Column 3 of Table 3, or

ii. in the case of a benefit unit other than one described in subparagraph i, the total non-benefit income for the month of the members of the benefit unit exceeds the amount set out opposite the benefit unit in Column 3 of Table 4.

47. The total amount of payments under the Ontario Disability Support Program Act, 1997 received by a benefit unit under that Act for the month, if the total non-benefit income for the month of the members of the benefit unit exceeds the amount set out opposite the benefit unit in Column 3 of Table 5.

48. A payment received under subsection 147 (14) of the Workers’ Compensation Act, as it read on December 31, 1997.

49. A lump sum payment received under the 1986-1990 Hepatitis C Settlement Agreement made as of June 15, 1999 among the Attorney General of Canada, Her Majesty the Queen in right of Ontario and others.

50. A payment received from the Government of Alberta as compensation for sterilization.

51. A payment received under the Walkerton Compensation Plan.

(4) Interest received or accrued on an amount excluded from the income of a member of a family unit under subsection (3), other than interest on an amount excluded under paragraph 19 or 20 of subsection (3), shall be included in the income of that member.

(5) The income of a member of a family unit from a business shall be reduced by all deductions allowed by the Canada Customs and Revenue Agency from income from a business, except for the following:

1. Capital cost allowances for the depreciation of assets.

2. Rent paid by the member for the unit occupied by the member, where the member operates the business from the unit.

3. Child care expenses.

(6) The income of a member of a family unit shall be reduced by the amount of all support payments made by the member under an order made under the Divorce Act (Canada), the Family Law Act, or the Reciprocal Enforcement of Support Orders Act.

(7) For the purposes of paragraphs 46 and 47 of subsection (3), the total non-benefit income of the members of a benefit unit for a month shall be determined in accordance with subsections (2) to (6), with the following exceptions:

1. A reference to “For the purpose of subclause (1) (a) (i)” shall be deemed to be a reference to “For the purposes of paragraphs 46 and 47 of subsection (3)”.

2. A reference to “family unit” shall be deemed to be a reference to “benefit unit”.

3. Paragraphs 42, 43, 44, 45, 46 and 47 of subsection (3) do not apply to the determination of non-benefit income.

4. The following shall not be included in non-benefit income:

i. A payment received under the Ontario Works Act, 1997.

ii. A payment received under the Ontario Disability Support Program Act, 1997.

(8) A non-income-producing locked-in Registered Retirement Savings Plan shall not be included in non-income producing assets for the purpose of subclause (1) (a) (ii).

(9) For the purpose of subclause (1) (a) (ii), the imputed income of a member of a family unit for a month from his or her interest in a non-income-producing asset is the amount determined using the formula,

A × B

in which,

“A” is the value of the member’s interest in the non-income-producing asset,

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

(10) If a member of a family unit transfers, by sale, lease, gift or in any other manner, his or her interest in a non-income-producing asset to a person who is not a member of the household, less than 36 months before the date the household applies for rent-geared-to-income assistance or any time after the household applies for rent-geared-to-income assistance, the member shall be deemed, for the purposes of subclause (1) (a) (ii) and subsection (9), still to have the interest in the asset, unless the service manager is satisfied that the transfer was effected in good faith and not for the purpose of reducing the member’s imputed income so as to reduce the amount of geared-to-income rent payable by the household.

(11) If a member of a family unit is deemed under subsection (10) still to have an interest in a transferred asset, the value of the member’s interest in the asset on a date that is after the date of the transfer shall be calculated, for the purpose of “A” in the formula in subsection (9), by reducing the value of the member’s interest in the asset on the date of the transfer by $2,000 on each anniversary of the date of the transfer.

(12) For the purpose of clause (1) (b), an individual has employment-related income if he or she receives wages, a salary, a commission, a bonus, tips, gratuities, vacation pay, remuneration as a dependent contractor, income from work in a business that the individual directly or indirectly operates and controls, unemployment benefits under the Employment Insurance Act (Canada), payments for a loss of earnings under the insurance plan in the Workplace Safety and Insurance Act, 1997, or payments for sick leave or a short-term disability under a private or workplace insurance plan.

(13) If a service manager has reason to believe that the adjusted family income of a family unit fluctuates from month to month, the service manager, in determining the rent attributable for a month to a family unit under subsection 49 (3), may use, as the adjusted family income of the family unit for a month, the average monthly adjusted family income of the family unit over such period of time as the service manager considers reasonable in the circumstances.

(14) In applying this section to a family unit, a part of which is a benefit unit to which section 48 applies and the other part of which is not, a reference in this section to a family unit shall be deemed to be a reference to the part of the family unit that is not a benefit unit to which section 48 applies.

Services, utilities and heating

51. (1) If a household receives from its housing provider, or from a person who has entered into an agreement with the housing provider, a service or utility set out in Column 2 of Table 6, the amount calculated under clause 47 (1) (d) for the household shall be increased by the amount set out opposite the service or utility in the column of Table 6 that sets out the type of unit occupied by the household.

(2) If a household pays directly for a service or utility set out in Column 2 of Table 7, the amount calculated under clause 47 (1) (d) for the household shall be reduced by the amount set out opposite the service or utility in the column of Table 7 that sets out the type of unit occupied by the household.

(3) If a household pays directly for the principal heating of the unit it occupies and the unit is heated by oil, the amount calculated under clause 47 (1) (d) for a household occupying a unit of a type set out in Column 2 of Table 8 shall be reduced by the amount set out opposite the unit in the column of Table 8 that sets out the region of Ontario in which the unit is located.

(4) If a household pays directly for the principal heating of the unit it occupies and the unit is heated by gas, the amount calculated under clause 47 (1) (d) for a household occupying a unit of a type set out in Column 2 of Table 9 shall be reduced by the amount set out opposite the unit in the column of Table 9 that sets out the region of Ontario in which the unit is located.

(5) If a household pays directly for the principal heating of the unit it occupies and the unit is heated by electricity, the amount calculated under clause 47 (1) (d) for a household occupying a unit of a type set out in Column 2 of Table 10 shall be reduced by the amount set out opposite the unit in the column of Table 10 that sets out the region of Ontario in which the unit is located.

(6) For the purposes of subsections (3), (4) and (5), a unit shall be considered to be located in a region of Ontario set out in Column 1 of Table 11 if the unit is located in a municipality or district set out opposite the region in Column 2 of Table 11.

Review of geared-to-income rent payable

52. (1) Once in every 12-month period after a household begins to receive rent-geared-to-income assistance, the service manager shall review the geared-to-income rent payable by the household and shall determine whether that rent should be reduced, be increased or remain the same.

(2) A service manager may review the geared-to-income rent payable by a household receiving rent-geared-to-income assistance more frequently than once in every 12-month period if the service manager considers such a review to be desirable.

(3) The household subject to the review shall provide such information and documents as the service manager may require within the time period specified by the service manager.

(5) Subsection 5 (9) applies, with necessary modifications, to a consent under this section.

(6) Subsections 5 (3), (4), (6), (10) and (11) apply, with necessary modifications, to a review under this section.

(7) Subject to subsections (10), (11) and (13), if on a review under this section, a service manager determines that the geared-to-income rent payable by a household should be reduced, the rent reduction takes effect on the first day of the month following the month in which the service manager gives the household written notice under section 69 of the Act of the service manager’s decision to reduce the geared-to-income rent payable.

(8) Subject to subsections (9), (10), (12) and (14), if on a review under this section, a service manager determines that the geared-to-income rent payable by a household should be increased, the rent increase takes effect on the first day of the second month following the month in which the service manager gives the household written notice under section 69 of the Act of the service manager’s decision to increase the geared-to-income rent payable.

(9) If, on a review under this section, a service manager determines that the geared-to-income rent payable by a household should be increased by an amount less than $10, the service manager may decide,

(a) to implement the increase; or

(b) not to implement the increase.

(10) If one or more members of a household request an internal review of a decision made by a service manager under this section to reduce or increase the geared-to-income rent payable by the household, and if the decision made on the internal review is that the geared-to-income rent payable by the household should remain the same, subsections (7) and (8) do not apply.

(11) If one or more members of a household request an internal review of a decision made by a service manager under this section to reduce the geared-to-income rent payable by the household, and if the decision made on the internal review is to reduce the geared-to-income rent payable by the household, whether by the same amount as or by a different amount from that originally specified by the service manager, the rent reduction takes effect on the day that is the later of,

(a) the first day of the month following the month in which the service manager gives the members who requested the internal review written notice under subsection 58 (6) of the decision made on the internal review; and

(b) the day referred to in subsection (7).

(12) If one or more members of a household request an internal review of a decision made by a service manager under this section to increase the geared-to-income rent payable by the household, and if the decision made on the internal review is to increase the geared-to-income rent payable by the household, whether by the same amount as or by a different amount from that originally specified by the service manager, the rent increase takes effect on the day that is the later of,

(b) the day referred to in subsection (8).

(13) If one or more members of a household request an internal review of a decision made by a service manager under this section to reduce the geared-to-income rent payable by the household, and if the decision made on the internal review is to increase the geared-to-income rent payable by the household, subsection (7) does not apply and the rent increase takes effect on the first day of the month following the month in which the service manager gives the members who requested the internal review written notice under subsection 58 (6) of the decision made on the internal review.

(14) If one or more members of a household request an internal review of a decision made by a service manager under this section to increase the geared-to-income rent payable by the household, and if the decision made on the internal review is to reduce the geared-to-income rent payable by the household, subsection (8) does not apply and the rent reduction takes effect on the first day of the month following the month in which the service manager gives the members who requested the internal review written notice under subsection 58 (6) of the decision made on the internal review.

Change in rent upon new information outside a review

53. (1) If a household notifies a service manager under section 10 of a change in the income or assets of the household, the service manager shall redetermine the geared-to-income rent payable by the household in accordance with section 47.

(2) Subject to subsections (5), (6) and (8), if the service manager determines that the geared-to-income rent payable by the household should be reduced as a result of the change in income or assets, the rent reduction takes effect on the first day of the month following the month in which the change occurred.

(3) Subject to subsection (4), (5), (7) and (9), if the service manager determines that the geared-to-income rent payable by the household should be increased as a result of the change in income or assets, the rent increase takes effect on the first day of the second month following the month in which the change occurred.

(4) If the service manager determines that the geared-to-income rent payable by the household should be increased by an amount less than $10, the service manager may decide,

(a) to implement the increase; or

(b) not to implement the increase.

(5) If one or more members of a household request an internal review of a decision made by a service manager under this section to reduce or increase the geared-to-income rent payable by the household, and if the decision made on the internal review is that the geared-to-income rent payable by the household should remain the same, subsections (2) and (3) do not apply.

(6) If one or more members of a household request an internal review of a decision made by a service manager under this section to reduce the geared-to-income rent payable by the household, and if the decision made on the internal review is to reduce the geared-to-income rent payable by the household, whether by the same amount as or by a different amount from that originally specified by the service manager, the rent reduction takes effect on the day that is the later of,

(b) the day referred to in subsection (2).

(7) If one or more members of a household request an internal review of a decision made by a service manager under this section to increase the geared-to-income rent payable by the household, and if the decision made on the internal review is to increase the geared-to-income rent payable by the household, whether by the same amount as or by a different amount from that originally specified by the service manager, the rent increase takes effect on the day that is the later of,

(b) the day referred to in subsection (3).

(8) If one or more members of a household request an internal review of a decision made by a service manager under this section to reduce the geared-to-income rent payable by the household, and if the decision made on the internal review is to increase the geared-to-income rent payable by the household, subsection (2) does not apply and the rent increase takes effect on the first day of the month following the month in which the service manager gives the members who requested the internal review written notice under subsection 58 (6) of the decision made on the internal review.

(9) If one or more members of a household request an internal review of a decision made by a service manager under this section to increase the geared-to-income rent payable by the household, and if the decision made on the internal review is to reduce the geared-to-income rent payable by the household, subsection (3) does not apply and the rent reduction takes effect on the first day of the month following the month in which the service manager gives the members who requested the internal review written notice under subsection 58 (6) of the decision made on the internal review.

Reimbursement of service manager

54. (1) If a household has paid less geared-to-income rent for a period than it should have paid and the service manager has requested the household, under subsection 86 (1) of the Act, to reimburse the service manager for the excess amount of rent-geared-to-income assistance the service manager has paid in respect of the household for the period, the amount to be paid to the service manager, for the purpose of subsection 86 (3) of the Act, is the difference between the amount of geared-to-income rent paid by the household for the period and the amount of geared-to-income rent that the household should have paid for the period.

(2) If the service manager has decided under subsection 86 (4) of the Act to collect the amount owing by a household by increasing the amount of the geared-to-income rent payable by the household beyond the amount that would otherwise be payable by the household, so that the amount of rent-geared-to-income assistance payable by the service manager in respect of the household will be less than the amount that would otherwise be payable by the service manager, the amount of the increase cannot, for the purpose of subsection 86 (5) of the Act, exceed 10 per cent of the geared-to-income rent that would otherwise be payable by the household.

(3) The written notice that the service manager is required to give a household under subsection 86 (6) of the Act, before increasing the amount of geared-to-income rent payable by the household under subsection 86 (4) of the Act, shall specify,

(a) the amount of the increased rent payable by the household; and

(b) that the rent increase takes effect on the first day of the second month following the month in which the notice is given.

(4) Within seven business days after giving a household written notice under subsection 86 (6) of the Act of an increase in the amount of geared-to-income rent payable by the household for the unit it occupies, a service manager shall give the housing provider providing the unit written notice of the increase.

PART VIII
PROCEDURAL PROVISIONS — DECISIONS, INTERNAL REVIEWS, NOTICES

Opportunity to comment, section 80 of the Act

55. (1) This section prescribes the restrictions and requirements that apply with respect to giving members of a household an opportunity to comment, under section 80 of the Act, on information that may form a significant basis for a decision.

(2) A service manager, supportive housing provider or lead agency that is required to give members of a household an opportunity to comment shall give the household a notice of that opportunity.

(3) The notice referred to in subsection (2) must contain the following:

1. A summary of the information.

2. A description of the proposed decision.

3. A statement that any member of the household may comment on the information.

4. A date that, unless the members of the household waive their right to comment earlier, will be the last date comments may be received.

(4) The date referred to in paragraph 4 of subsection (3) must be set so that it is at least 30 days after the date the notice is given.

(5) Comments must be in writing and must be signed by the individual or individuals providing the comments.

(6) Comments must be received before the date referred to in paragraph 4 of subsection (3) or, if all members of the household submit to the service manager written waivers of their right to make comments or additional comments, before the day the last of the waivers is received.

(7) If the decision is with respect to a request for inclusion in the special priority household category, the notices referred to in subsection (2) relating to that decision and the decision with respect to the application for rent-geared-to-income assistance with which the request was made shall be given only to the individual who made the request and not to all members of the household.

(8) Individuals who have been given an opportunity to comment are not entitled to an additional opportunity to comment even if the decision that is made after any comments are considered is different from the decision that was proposed.

Notices of decisions

56. (1) This section prescribes the restrictions and requirements for written notices required under the following provisions of the Act:

1. Subsection 66 (5) (eligibility for assistance).

2. Subsection 67 (4) (type of accommodation).

3. Subsection 68 (4) (category).

4. Subsection 68 (6) (waiting lists for units).

5. Subsection 69 (3) (amount of geared-to-income rent).

6. Subsection 70 (4) (deferral of rent).

7. Subsection 72 (5) (eligibility for special needs housing).

8. Subsection 73 (4) (type of accommodation).

9. Subsection 74 (5) (waiting lists for special needs housing).

(2) A notice must contain the following:

1. A statement of the date the decision to which the notice relates was made.

2. If members of the household were given an opportunity to comment under section 80 of the Act before the decision was made,

i. a statement of the date the notice under subsection 55 (2) was given,

ii. a statement of the date before which any comments must have been received, and

iii. a statement of which members of the household provided comments.

3. If a member of the household may request an internal review of the decision under section 82 of the Act,

i. a statement of the reasons for the decision,

ii. a statement that the member of the household is entitled to request a review, and

iii. information on how to request a review and what the deadline is for doing so.

4. If no member of the household may request an internal review of the decision under section 82 of the Act, a statement that the decision is final and that an internal review may not be requested.

(3) A notice must be given within seven business days after the decision to which the notice relates is made.

(4) If a decision is made under subsection 66 (1) of the Act that a household is eligible for rent-geared-to-income assistance, the following apply:

1. The following notices must accompany the notice of the decision that the household is eligible for rent-geared-to-income assistance:

i. Notice of the decision, under section 67 of the Act, about what type of assistance is permissible.

ii. If a request for inclusion in the special priority household category was made with the application for rent-geared-to-income assistance, notice of the decision, under section 68 of the Act, about whether the household should be included in the special priority household category.

iii. If the household applied for special needs housing at the same time as it applied for rent-geared-to-income assistance, notice of the decision, under section 72 of the Act, about whether the household is eligible for special needs housing.

2. The notices must be given within seven business days after the last of the decisions to which the notices relate is made.

(5) If a request for inclusion in the special priority household category was made with the application for rent-geared-to-income assistance, both the notice of the decision relating to the request and the notice of the decision relating to the application shall be given only to the individual who made the request and not to all members of the household.

Requests for internal reviews

57. (1) This section prescribes the requirements relating to requests for internal reviews under section 82 of the Act.

(2) A request must be in writing.

(3) A request for an internal review of a decision must be given to the service manager, supportive housing provider or lead agency that made the decision.

(4) A request by a member of a household for an internal review of a decision must be received by the service manager, supportive housing provider or lead agency within 10 days after the day the notice of the decision is received by the member of the household.

(5) The service manager, supportive housing provider or lead agency that made a decision may extend the time for giving a request for a review if the service manager, supportive housing provider or lead agency is satisfied that the member of the household acted in good faith and was unable to comply with subsection (4) because of absence, accident, illness or some other reason beyond the member’s control.

(6) A request to review a decision with respect to a request for inclusion in the special priority household category may be given only by the individual who made the request for inclusion.

(7) A request to review a decision with respect to an application for rent-geared-to-income assistance with which a request for inclusion in the special priority household category was made may be given only by the individual who made the request for inclusion.

(8) An individual may withdraw their request to review a decision by giving written notice of the withdrawal to the service manager, supportive housing provider or lead agency to whom the request was given but such a withdrawal is not effective if it is received after the review is completed.

Conduct of internal reviews

58. (1) This section prescribes requirements for the conduct of an internal review by a service manager, supportive housing provider or lead agency.

(2) No individual who participated in the making of the decision being reviewed shall participate in the review of that decision.

(3) The review shall be completed within 10 days after the request for the review is received.

(4) The review shall be completed within five business days after the request for the review is received if,

(a) the decision is with respect to a request for inclusion in the special priority household category; or

(b) the decision is with respect to an application for rent-geared-to-income assistance with which a request for inclusion in the special priority household category was made.

(5) The individual or individuals conducting the review may substitute their decision for the decision being reviewed.

(6) The service manager, supportive housing provider or lead agency shall give written notice of the result of the review to the individuals who requested it within five business days after the review is completed.

General rules for notices

59. (1) This section applies with respect to notices under this Regulation and under Part V of the Act.

(2) Unless otherwise provided, a notice to be given to a household shall be given to all the members of the household who are 16 years old or older.

(3) A notice may be given to a person by,

(a) giving the notice directly to the person;

(b) leaving the notice at the last known address of the person, either in a place that appears to be for incoming mail or with an individual who appears to be 16 years old or older; or

(4) For the purposes of this Regulation, a notice,

(a) shall be deemed to have been given on the day it is given under clause (3) (a), left under clause (3) (b) or mailed under clause (3) (c); and

(b) shall be deemed to have been received on the day it is given under clause (3) (a), on the first business day after it is left under clause (3) (b) or on the fifth business day after it is mailed under clause (3) (c).

(5) A notice that is to be given to more than one member of the same household may be given by giving a single notice, addressed to all the members of the household, to any member of the household in accordance with subsection (3).

(6) If the person giving a notice to a household knows of more than one address at which members of the household live, the following apply:

1. Subsection (5) does not apply.

2. A notice to the household may be given, under clause (3) (b) or (c), by giving one notice, addressed to all the members of the household, at each of the known addresses.

PART iX
GENERAL

Public information provided by service manager

60. (1) It is a duty of the service manager that the service manager make the following information available for inspection by members of the public during normal business hours:

1. The housing projects within the service manager’s service area and the housing providers that operate them.

2. How to apply for rent-geared-to-income assistance.

3. The eligibility criteria for rent-geared-to-income assistance.

4. The requirements to be included in the special priority household category.

5. The provincial and local occupancy standards in force within the service manager’s service area.

6. The requirements relating to waiting lists.

7. The geographic areas into which the service manager has divided its service area for the purposes of its centralized waiting list.

8. The rules and procedures in respect of the transfer of households to a unit in a housing project operated by a different housing provider.

9. The type of decisions of the service manager that are subject to internal review.

10. The alternative housing providers that provide housing within the service manager’s service area to homeless or hard to house households.

11. The criteria to be met for accommodation in a unit provided by the alternative housing providers under their mandates to provide housing to homeless or hard to house households

12. The mandates, established under section 99 of the Act, of each housing provider that operates a housing project within the service manager’s service area.

13. The housing projects within the service manager’s service area that provide special needs housing and the supportive housing providers that operate them.

14. How to apply for special needs housing.

15. The eligibility criteria for special needs housing.

16. The services offered by each supportive housing provider.

17. The nature of the special needs housing provided by each supportive housing provider.

18. The type of decisions of supportive housing providers that are subject to internal review.

(2) It is a duty of a service manager that the service manager allow members of the public to make copies of the information described in subsection (1) at their own expense.

(3) It is a duty of a service manager to provide the information described in subsection (1) to each housing provider that operates a housing project within the service manager’s service area.

TABLE 1

APPLICATION OF REGULATION

Column 1	Column 2	Column 3
Item	Service Manager	Date
1.	City of Kingston	October 1, 2001
2.	County of Lambton	October 1, 2001
3.	Regional Municipality of Peel	October 1, 2001
4.	Regional Municipality of Waterloo	October 1, 2001

TABLE 2

SUPPORTIVE HOUSING PROVIDERS

Column 1		Column 2
Service Manager		Supportive Housing Providers
City of Kingston	1.	Kingston & Frontenac Housing Corporation.
	2.	Bridge House (Kingston) Incorporated.
	3.	Kingston Co-operative Homes Inc.
	4.	Kingston Home Base Non-Profit Housing Inc.
	5.	Kingston Municipal Non-Profit Housing Corporation.
	6.	Lois Miller Co-operative Homes Inc.
	7.	Loughborough Housing Corporation.
	8.	North Frontenac Non-Profit Housing Corporation.
	9.	Porto Village Non-Profit Homes Inc.
	10.	Royal Canadian Legion Villa Kingston.
	11.	St. Andrew-Thomas Senior Citizen Residences Inc.
	12.	The Elizabeth Fry Society of Kingston.
	13.	Weller Arms Non-Profit Homes Inc.
County of Lambton	1.	Sarnia and Lambton Housing Corporation.
County of Lambton	2.	Arkona Lions Non-Profit Housing Inc.
	3.	Bethel Seniors’ Apartments Sarnia.
	4.	Faethorne Place Housing Co-operative Inc.
	5.	Ozanam Non-Profit Housing, Sarnia-Lambton.
	6.	Sarnia-Lambton Berean Community Housing.
	7.	Thedford Non-Profit Housing Inc.
	8.	Watford Optimist Non-Profit Housing Corporation.
Regional Municipality of Peel	1.	Peel Regional Housing Corporation.
Regional Municipality of Peel	2.	Aghabi Non-Profit Housing Inc.
	3.	Ahneen Co-operative Homes Inc.
	4.	Barbertown Co-operative Homes Inc.
	5.	Bayanihan Non-Profit Co-operative Homes Inc.
	6.	Bristol Road Labourers’ Local 183 Non-Profit Homes Inc.
	7.	Britannia Glen Co-operative Homes Inc.
	8.	Cervantes Lions Non-Profit Housing Corporation.
	9.	Chegoggin Co-operative Homes Inc.
	10.	Congress of Black Women (Mississauga) Non-Profit Housing Inc.
	11.	Dan Benedict Co-operative Homes Corporation.
	12.	Edenwood Seniors Village Inc.
	13.	Erin Court Co-operative Homes Inc.
	14.	Federation of Chinese Canadian Professionals Non-Profit Housing Corporation.
	15.	Fletchers Creek Co-operative Homes Inc.
	16.	Forestwood Co-operative Homes Inc.
	17.	MICBA Forum Italia Community Services.
	18.	International Ladies Garment Workers Union Housing Co-operative Inc.
	19.	Kancro Non-Profit Homes Corporation.
	20.	Las Americas Co-operative Homes Inc.
	21.	Lom Nava Housing Co-operative Inc.
	22.	Pathway Non-Profit Community Developments Incorporated of Peel.
	23.	Peel Non-Profit Housing Corporation.
	24.	Peel Multicultural Council Housing Project Inc.
	25.	St. Mary’s Senior Citizen’s Residence Brampton Inc.
	26.	Tannery Gate Tower Co-operative Homes Inc.
	27.	Tatry Non-Profit Housing Corporation.
	28.	Tinimint Housing Non-Profit Inc.
	29.	Tomken Grove Non-Profit Homes.
	30.	Union Housing Opportunities (Peel-Halton) Inc.
	31.	United Achievers Non-Profit Housing Corporation.
	32.	Wawel Villa, Incorporated.
	33.	Windsor Hill Non-Profit Housing Corporation.
	34.	WISMA Mega Indah Inc.
	35.	Yarl Co-operative Homes Inc.
Regional Municipality of Waterloo	1.	Waterloo Local Housing Corporation.
	2.	Beechwood Co-operative Homes Inc.
	3.	Better Canada Homes Non-Profit Corporation.
	4.	Cambridge Kiwanis Village Non-Profit Housing Corporation.
	5.	Cambridge Non-Profit Housing Corporation.
	6.	Changemakers Co-operative Homes (Kitchener) Inc.
	7.	Clarion Co-operative Homes Inc.
	8.	Cypriot Homes of The Kitchener-Waterloo Area.
	9.	The Hellenic Community of Kitchener-Waterloo and Suburbs Housing.
	10.	Highland Homes Co-operative Inc.
	11.	House of Friendship of Kitchener.
	12.	Kitchener Alliance Community Homes Inc.
	13.	Kitchener Housing Inc.
	14.	Kitchener-Waterloo Young Women’s Christian Association.
	15.	Lusitania Villas of Cambridge Incorporated.
	16.	Maple Heights Non-Profit Housing Corporation.
	17.	Max Saltsman Community Co-operative Inc.
	18.	Needlewood Glen Housing Co-operative Inc.
	19.	New Generation Co-operative Homes Inc.
	20.	Pablo Neruda Non-Profit Housing Corporation.
	21.	Sand Hills Co-operative Homes Inc.
	22.	Senioren Haus Concordia Inc.
	23.	Seven Maples Co-operative Homes Incorporated.
	24.	Shamrock Co-operative Homes Inc.
	25.	Shehrazad Non-Profit Housing Inc.
	26.	Slavonia-Croatian Non-Profit Homes Inc.
	27.	St. John’s Senior Citizens’ Home.
	28.	Victoria Park Community Homes Inc.
	29.	Village Lifestyles Non-Profit Homes Inc.
	30.	Waterloo Region Non-Profit Housing Corporation.
	31.	Willowside Housing Co-operative Inc.

TABLE 3

ONTARIO WORKS RENT SCALE
FOR A BENEFIT UNIT CONSISTING OF
A RECIPIENT WITH NO SPOUSE OR SAME-SEX PARTNER
BUT WITH ONE OR MORE OTHER DEPENDANTS

Column 1	Column 2	Column 3
Benefit unit size (number of individuals)	Rent attributable to benefit unit (monthly)	Non-benefit income limit (monthly)
2	$191	$ 791
3	226	907
4	296	1,051
5	311	1,191
6	353	1,331
7	396	1,474
8	438	1,614
9	480	1,754
10	523	1,897
11	565	2,037
12 or more	607	2,177

TABLE 4

ONTARIO WORKS RENT SCALE FOR A BENEFIT UNIT CONSISTING OF
(A) A RECIPIENT WITH NO SPOUSE OR SAME-SEX PARTNER AND NO OTHER DEPENDANTS,
(B) A RECIPIENT WITH A SPOUSE OR SAME-SEX PARTNER BUT NO OTHER DEPENDANTS, OR
(C) A RECIPIENT WITH A SPOUSE OR SAME-SEX PARTNER AND ONE OR MORE OTHER DEPENDANTS

Column 1	Column 2	Column 3
Benefit unit size (number of individuals)	Rent attributable to benefit unit (monthly)	Non-benefit income limit (monthly)
1	$ 85	$ 360
2	175	737
3	212	861
4	254	1,001
5	296	1,141
6	339	1,284
7	381	1,424
8	423	1,564
9	466	1,707
10	508	1,847
11	550	1,987
12 or more	593	2,131

TABLE 5

ONTARIO DISABILITY SUPPORT PROGRAM RENT SCALE

Column 1	Column 2	Column 3
Benefit unit size (number of individuals)	Rent attributable to benefit unit (monthly)	Non-benefit income limit (monthly)
1	$109	$ 440
2	199	817
3	236	941
4	278	1,081
5	321	1,224
6	363	1,364
7	405	1,504
8	448	1,647
9	490	1,787
10	532	1,927
11	575	2,071
12 or more	617	2,211

TABLE 6

STANDARD EXTRA CHARGES

			Type of Unit
Column 1	Column 2		Column 3	Column 4	Column 5	Column 6
Item	Service or Utility		Hostel bed or bachelor or one-bedroom unit	Two-bedroom unit	Three-bedroom unit	Four or more-bedroom unit
1.	Electricity, other than,		$24	$34	$39	$41
	(a)	electricity provided for heating the unit,
	(b)	electricity provided for heating the water supplied to the unit,
	(c)	electricity provided as power for cooking facilities in the unit, or
	(d)	electricity provided as power to operate a clothes dryer in the unit.
2.	Power for cooking facilities in the unit.		6	9	11	12
3.	Laundry facilities, other than coin-operated laundry facilities, in the housing project.		6	9	11	13
4.	Power to operate a clothes dryer in the unit.		6	9	11	13
5.	A washing machine, other than a coin-operated washing machine, in the unit.		2	2	2	2
6.	A clothes dryer, other than a coin-operated clothes dryer, in the unit.		2	2	2	2

TABLE 7

ALLOWANCES FOR WATER AND APPLIANCES

		Type of Unit
Column 1	Column 2	Column 3	Column 4	Column 5	Column 6
Item	Service or Utility	Bachelor or one-bedroom unit	Two-bedroom unit	Three-bedroom unit	Four or more- bedroom unit
1.	Oil used to operate a hot water heater, where the household does not pay a rental fee for the heater	$28	$34	$39	$47
2.	Oil used to operate a hot water heater, where the household pays a rental fee for the heater	34	41	46	56
3.	Gas used to operate a hot water heater, where the household does not pay a rental fee for the heater	15	21	26	32
4.	Gas used to operate a hot water heater, where the household pays a rental fee for the heater	29	40	47	54
5.	Electricity used to operate a hot water heater, where the household does not pay a rental fee for the heater	23	28	32	39
6.	Electricity used to operate a hot water heater, where the household pays a rental fee for the heater	28	34	38	46
7.	Water, other than hot water	8	15	18	20
8.	Refrigerator	2	2	2	2
9.	Stove	2	2	2	2

TABLE 8

HEAT ALLOWANCE — OIL

		Region of Ontario
Column 1	Column 2	Column 3	Column 4	Column 5	Column 6
Item	Type of Unit	Southern	Central	Northeastern	Northern
1.	Apartment — Bachelor or one bedroom	$ 49	$ 55	$ 56	$ 67
2.	Apartment — Two bedrooms	51	57	58	72
3.	Apartment — Three or more bedrooms	64	69	73	90
4.	Row house	68	73	79	102
5.	Semi-detached house	92	97	107	135
6.	Single detached house	136	147	149	182

TABLE 9

HEAT ALLOWANCE — GAS

		Region of Ontario
Column 1	Column 2	Column 3	Column 4	Column 5	Column 6
Item	Type of Unit	Southern	Central	Northeastern	Northern
1.	Apartment — Bachelor or one bedroom	$ 21	$ 31	$ 32	$ 40
2.	Apartment — Two bedrooms	24	32	33	43
3.	Apartment — Three or more bedrooms	25	35	39	49
4.	Row house	28	37	42	56
5.	Semi-detached house	39	49	56	76
6.	Single detached house	56	74	79	100

TABLE 10

HEAT ALLOWANCE — ELECTRICITY

		Region of Ontario
Column 1	Column 2	Column 3	Column 4	Column 5	Column 6
Item	Type of Unit	Southern	Central	Northeastern	Northern
1.	Apartment — Bachelor or one bedroom	$ 40	$ 45	$ 46	$ 55
2.	Apartment — Two bedrooms	42	47	48	59
3.	Apartment — Three or more bedrooms	53	57	60	74
4.	Row house	56	60	65	84
5.	Semi-detached house	76	80	88	111
6.	Single detached house	112	121	123	150

TABLE 11

MUNICIPALITIES AND DISTRICTS COMPRISING REGIONS

Column 1		Column 2
Region of Ontario		Municipalities and Districts
Southern	1.	City of Hamilton.
	2.	City of Toronto.
	3.	County of Brant.
	4.	County of Elgin.
	5.	County of Essex.
	6.	County of Haldimand.
	7.	County of Kent.
	8.	County of Lambton.
	9.	County of Norfolk.
	10.	Regional Municipality of Halton.
	11.	Regional Municipality of Niagara.
	12.	Regional Municipality of Peel.
Central	1.	County of Bruce.
	2.	County of Frontenac.
	3.	County of Grey.
	4.	County of Hastings.
	5.	County of Huron.
	6.	County of Leeds and Grenville.
	7.	County of Lennox and Addington.
	8.	County of Middlesex.
	9.	County of Northumberland.
	10.	County of Oxford.
	11.	County of Perth.
	12.	County of Prince Edward.
	13.	The following portions of Simcoe County:
		(i)	City of Barrie,
		(ii)	Town of Bradford West Gwillimbury,
		(iii)	Town of Essa,
		(iv)	Town of Innisfil,
		(v)	Town of New Tecumseth,
		(vi)	Township of Adjala-Tosorontio.
	14.	County of Stormont, Dundas and Glengarry.
	15.	County of Wellington.
	16.	Regional Municipality of Durham.
	17.	Regional Municipality of Waterloo.
	18.	Regional Municipality of York.
Northeastern	1.	City of Kawartha Lakes.
	2.	City of Ottawa.
	3.	County of Dufferin.
	4.	County of Haliburton.
	5.	County of Lanark.
	6.	County of Peterborough.
	7.	County of Prescott and Russell.
	8.	County of Renfrew.
	9.	The following portions of Simcoe County:
		(i)	City of Orillia,
		(ii)	Town of Collingwood,
		(iii)	Town of Midland,
		(iv)	Town of Penetanguishene,
		(v)	Town of Wasaga Beach,
		(vi)	Township of Clearview,
		(vii)	Township of Oro-Medonte,
		(viii)	Township of Ramara,
		(ix)	Township of Severn,
		(x)	Township of Springwater,
		(xi)	Township of Tay,
		(xii)	Township of Tiny.
	10.	District of Algoma.
	11.	District of Manitoulin.
	12.	District of Muskoka.
	13.	District of Parry Sound.
	14.	Town of Espanola (in the District of Sudbury).
Northern	1.	District of Cochrane.
	2.	District of Kenora.
	3.	District of Nipissing.
	4.	District of Rainy River.
	5.	District of Sudbury (except Town of Espanola).
	6.	Thunder Bay.
	7.	Timiskaming.

Schedule 1

HOUSING PROGRAMS

Program Category Number	Program Description
Public Housing Programs (1 (a) and 1 (b))
1 (a)	The public housing programs administered before January 1, 2001 by Local Housing Authorities for the object of providing appropriate housing exclusively to applicants selected on the basis of being financially unable to obtain affordable, suitable and adequate housing on the private market, as determined by Ontario, in housing projects that immediately before January 1, 2001 were owned or leased by the Ontario Housing Corporation or jointly by the Ontario Housing Corporation and the CMHC
1 (b)	The public housing program administered before January 1, 2001 by the Ministry for the object of providing appropriate housing exclusively to applicants selected on the basis of being financially unable to obtain affordable, suitable and adequate housing on the private market, as determined by Ontario, in housing projects that immediately before January 1, 2001 were owned or leased by the Toronto Housing Company
Rent Supplement Programs (2 (a), 2 (b), 2 (c) and 2 (d))
2 (a)	All Rent Supplement Programs administered before January 1, 2001 by Local Housing Authorities or the Ministry that are not included under 2 (b), 2 (c) and 2 (d), including: 1. Rent Supplement — Regular 2. Accelerated Rental CMHC 3. Accelerated Rental OMC 4. Community Integrated 5. Assisted Rentals 6. Limited Dividend 7. Private Assisted Rental 8. Ontario Rental Construction Plan 9. Canada Rental Supply Plan 10. Convert-to-rent 11. Canada Ontario Rental Supply Plan 12. Renterprise 13. Low Rise Rehabilitation 14. Ontario Rental Construction Loan 15. Assisted Rental Housing 16. Ontario Accelerated Family Rental Housing
2 (b)	Rent Supplement Programs administered before January 1, 2001 by the Ministry that are not included under 2 (a), 2 (c) and 2 (d), with respect to units in projects owned, leased or administered by non-profit housing providers or by non-profit housing co-operatives under the Co-operative Corporations Act, including the following programs: 1. Community Sponsored Housing Program (1978-1985) 2. Community Sponsored Housing Program (P2500) (1978-1985) 3. Ontario Community Housing Assistance Program (1978-1985)
2 (c)	The Rent Supplement Homelessness Initiative and the Rent Supplement Special Needs Homelessness Initiative, except for the portions of those programs included under 2 (d)
2 (d)	The Rent Supplement Homelessness Initiative and the Rent Supplement Special Needs Homelessness Initiative, as they apply to units in projects owned, leased or administered by non-profit housing providers or by non-profit housing co-operatives under the Co-operative Corporations Act
Non-Profit Full Assistance Housing Programs (6 (a) and 6 (b))
6 (a)	With respect to non-profit housing providers other than non-profit housing co-operatives Non-Profit Full Assistance Housing Programs administered before January 1, 2001 by the Ministry, not including the Municipal Non-Profit Housing Program, but including:
	1. 2. 3. 4. 5. 6.	JobsOntario Homes The Ontario Non-Profit Housing Program (P-3000) The Ontario Non-Profit Housing Program (P-3600) The Ontario Non-Profit Housing Program (P-10,000) Homes Now Federal/Provincial Non-Profit Housing Program (1986-1993)
6 (b)	With respect to non-profit housing co-operatives Non-Profit Full Assistance Housing Programs administered before January 1, 2001 by the Ministry, not including the Municipal Non-Profit Housing Program, but including:
	1. 2. 3. 4. 5. 6.	JobsOntario Homes The Ontario Non-Profit Housing Program (P-3000) The Ontario Non-Profit Housing Program (P-3600) The Ontario Non-Profit Housing Program (P-10,000) Homes Now Federal/Provincial Non-Profit Housing Program (1986-1993)

O. Reg. 298/01: RENT-GEARED-TO-INCOME ASSISTANCEAND SPECIAL NEEDS HOUSING

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