jswizzle3737/ontario_laws_and_regs huggingface dataset:
PART I DEFINITIONS FOR THIS REGULATION
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Definitions
 1. (1) In this Regulation, “abuse” means, with respect to a member of a household, (a) any of the following done against the member by any individual described in subsection (2), (i) one or more incidents of, (A) physical or sexual violence, (B) controlling behaviour, or (C) intentional destruction of or intentional injury to property, or (ii) words, actions or gestures that threaten the member or lead the member to fear for his or her safety; or (b) trafficking of the member done by any individual; (“mauvais traitements”) “business day” means a day from Monday to Friday, other than a holiday; (“jour ouvrable”) “child”, in relation to an individual, includes a child who 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; (“enfant”) “non-profit housing co-operative” means a non-profit housing co-operative under the Co-operative Corporations Act; (“coopérative de logement sans but lucratif”) “portable housing benefit” means a monthly benefit referred to in clause 20.1 (a); (“prestation de logement transférable”) “rent” means, (a) in relation to a unit in a non-profit housing co-operative occupied by a member of the co-operative, housing charges as defined in the Co-operative Corporations Act, other than sector support levies and initial membership fees, or (b) in all other cases, rent as defined in the Residential Tenancies Act, 2006; (“loyer”) “rent-geared-to-income assistance” means rent-geared-to-income assistance as defined in section 38 of the Act; (“aide sous forme de loyer indexé sur le revenu”) “special priority household category” means the category referred to in sections 53 and 79. (“catégorie des ménages prioritaires”) “trafficking” means, with respect to a member of a household, one or more incidents of recruitment, transportation, transfer, harbouring or receipt of the member by improper means, including force, abduction, fraud, coercion, deception and repeated provision of a controlled substance, for an illegal purpose, including sexual exploitation or forced labour. (“traite”) O. Reg. 367/11, s. 1 (1); O. Reg. 340/17, s. 1; O. Reg. 437/17, s. 1 (1, 2); O. Reg. 328/18, s. 1; O. Reg. 317/19, s. 1; O. Reg. 242/22, s. 1. (2) With respect to a member of a household, the individuals referred to in clause (a) of the definition of “abuse” in subsection (1) are the following: 1. An individual who is related to the member or any other member of the household. 2. An individual who is or has been in an intimate partner relationship with the member or any other member of the household. 3. An individual on whom the member or any other member of the household is emotionally, physically or financially dependent. 4. An individual who is emotionally, physically or financially dependent on the member or any other member of the household. 5. An individual sponsoring the member or any other member of the household as an immigrant. O. Reg. 437/17, s. 1 (3). (3), (4) Revoked: O. Reg. 437/17, s. 1 (3). Part ii   Interpretation — Part I of the Act
PART II INTERPRETATION — PART I OF THE ACT
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Programs prescribed for definition of “transferred housing program”, s. 2 of the Act
 2. (1) The housing programs listed in Schedule 1 are prescribed for the purposes of the definition of “transferred housing program” in section 2 of the Act.  O. Reg. 367/11, s. 2 (1). (2) In Schedule 1, “Local Housing Authorities” means corporations constituted under subsection 7 (2) of the Housing Development Act
as housing authorities for particular geographic areas; (“commissions locales de logement”) “Ministry” means the Ministry of Municipal Affairs and Housing. (“ministère”)  O. Reg. 367/11, s. 2 (2). Part iii   Provincial Policies and Local Plans — Part II of the Act Housing and Homelessness Plans
PART III PROVINCIAL POLICIES AND LOCAL PLANS — PART II OF THE ACT
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Housing and Homelessness Plans
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Housing and homelessness plans, requirements, s. 6 (4) of the Act
 3. (1) The requirements in this section are prescribed for the purposes of subsection 6 (4) of the Act.  O. Reg. 367/11, s. 3 (1). (2) A plan must include the following with respect to each of the housing needs described in subsection (3): 1. An assessment of the current and future housing need within the service manager’s service area. 2. Objectives and targets relating to the housing need. 3. A description of the measures proposed to meet the objectives and targets. 4. A description of how progress towards meeting the objectives and targets will be measured.  O. Reg. 367/11, s. 3 (2). (3) The following are the housing needs referred to in subsection (2): 1. The need for housing for victims of domestic violence. 2. The need for accessible housing for persons with disabilities.  O. Reg. 367/11, s. 3 (3).
Time for initial plan, s. 6 (7) of the Act
 4. January 1, 2014 is prescribed, for the purposes of subsection 6 (7) of the Act, as the date by which a service manager must approve its initial plan.  O. Reg. 367/11, s. 4.
Comments from Minister, s. 8 (2) of the Act
 5. The period of time ending 90 days after the day the Minister receives a copy of the proposed plan under subsection 8 (1) of the Act is prescribed for the purposes of subsection 8 (2) of the Act.  O. Reg. 367/11, s. 5. Part III.1   service Levels, Access System — Part II.1 of the Act
PART III.1 SERVICE LEVELS, ACCESS SYSTEM — PART II.1 OF THE ACT
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Prescribed forms of assistance
 5.1 (1) Subject to subsection (2), a form of assistance for the purposes of clause 10.2 (2) (b) of the Act is any form of financial assistance that is, (a) provided in respect of households and that either reduces the rent that a household must otherwise pay or assists the household in paying rent; and (b) funded or administered, or both, by the service manager. O. Reg. 242/22, s. 2. Exception (2) Assistance described in subsection (1) does not include financial assistance provided under the Ontario Works Act, 1997 or the Ontario Disability Support Program Act, 1997. O. Reg. 242/22, s. 2.
Prescribed requirements for system
 5.2 For the purposes of subsection 10.2 (3) of the Act, the following are the prescribed requirements for the service manager’s access system: 1. The following information shall be made available to the public as part of the access system: i. A description of each form of assistance that is provided through the access system. ii. For each form of assistance for which a member of the public may apply, a description of how to apply for the assistance. iii. For each form of assistance that is administered by the service manager, a description of, A. the eligibility rules for receiving the assistance, and B. how households are prioritized and selected to receive the assistance. 2. When a form of assistance administered by the service manager through the access system is offered to a household, the service manager must notify the household and, if applicable, its authorized representative, in writing of the following: i. Unless the assistance is provided in the form of reduced rent, the initial amount of the assistance and a description of the method used to calculate the assistance. ii. If the assistance is provided in the form of reduced rent, a description of the method used to calculate the rent. iii. A description of the criteria used to assess continued eligibility for the assistance. iv. The effect that the receipt of the assistance will have on basic financial assistance that a member of the household is receiving or is entitled to receive under the Ontario Works Act, 1997 or income support that a member of the household is receiving or is entitled to receive under the
Ontario Disability Support Program Act, 1997. O. Reg. 242/22, s. 2. Part iv   Service Managers — Part III of the Act
PART IV SERVICE MANAGERS — PART III OF THE ACT
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Service managers and service areas, s. 11 of the Act
 6. (1) The municipalities and district social services administration boards set out in Column 1 of Schedule 2 are designated as service managers under subsection 11 (1) of the Act.  O. Reg. 367/11, s. 6 (1). (2) The area described in Column 2 of Schedule 2 for a service manager is specified as the service area for that service manager under subsection 11 (2) of the Act.  O. Reg. 367/11, s. 6 (2). (3) For greater certainty, a reference in Column 2 of Schedule 2 to a municipality is a reference to the territory of that municipality.  O. Reg. 367/11, s. 6 (3).
Directions of dssab service manager re debentures, s. 16 (2) of the Act
 7. The municipalities set out in the following Table are prescribed, for the purposes of subsection 16 (2) of the Act, for the corresponding dssab service manager set out in the Table. TABLE  Item   dssab service manager   Prescribed municipalities 

  1.   District of Cochrane Social Services Administration Board   Town of Kapuskasing 

  2.   Kenora District Services Board   City of Dryden 

  3.   Manitoulin-Sudbury District Services Board   Town of Espanola 

  4.   Thunder Bay Social Services Administration Board   City of Thunder Bay O. Reg. 367/11, s. 7.
English and French services, s. 18 (2) of the Act
 8. The housing providers set out in the following Table are prescribed, for the purposes of subsection 18 (2) of the Act, for the corresponding service manager set out in the Table. TABLE  Item   Service Manager   Housing providers 

  1.   City of Greater Sudbury   La Ruche de Coniston 

  2.   United Counties of Prescott and Russell   Longueuil/L’Orignal Municipal Non-Profit Housing Corporation 

          Centre d’accueil Roger Séguin 

  3.   District of Nipissing Social Services Administration Board   Habitations Suprêmes North Bay Inc. O. Reg. 367/11, s. 8.
Periodic reports to Minister, s. 20 (1) (a) of the Act
 8.1 (1) A service manager shall give the Minister a report under clause 20 (1) (a) of the Act, every year on or before June 30, with respect to the previous year. O. Reg. 317/13, s. 1. (2) The following information is prescribed, for the purposes of subsection 20 (2) of the Act, as information that must be included in the report for a year: 1. Details of, i. the measures undertaken by the service manager to meet the objectives and targets in its housing and homelessness plan, and ii. the progress achieved towards meeting those objectives and targets, as measured in accordance with the plan. 2. Details of how the service manager reported to the public for the same year under section 22 of the Act, as required under section 9.1 of this Regulation. O. Reg. 317/13, s. 1. (3) The first report is due in 2015 for the 2014 year. O. Reg. 317/13, s. 1.
Periodic reports to Minister, s. 20 of the Act
 9. (1) A service manager shall give the Minister a report under clause 20 (1) (b) of the Act every year on or before March 15.  O. Reg. 367/11, s. 9 (1). (2) The following information, for the reporting period, is prescribed, for the purposes of subsection 20 (2) of the Act, as information that must be included in a report under clause 20 (1) (b) of the Act: 1. Information on the service manager’s compliance with requirements under the Act. 2. Aggregated financial information on the capital reserves, mortgage arrears and accumulated deficits of housing providers that operate housing projects that are subject to the service manager’s transferred housing programs. 3. Financial information on the expenditure of municipal and federal funds for housing programs. 4. Statistical information on households residing in designated housing projects and households receiving rent-geared-to-income assistance.  O. Reg. 367/11, s. 9 (2). (3) In subsection (2), “reporting period”, in relation to a report due on or before March 15 of a year, means the preceding January 1 to December 31 year.  O. Reg. 367/11, s. 9 (3). (4) The first report under clause 20 (1) (b) of the Act is due in 2013 for the 2012 year.  However, section 20 of the former Act continues to apply to a service manager until the service manager makes a report under that section for the 2011 year.  O. Reg. 367/11, s. 9 (4).
Reporting to public, s. 22 of the Act
 9.1 (1) A service manager shall report to the public under section 22 of the Act, every year on or before June 30, with respect to the previous year. O. Reg. 317/13, s. 2. (2) In reporting to the public, the service manager shall make the following information available to the public: 1. Details of, i. the measures undertaken by the service manager to meet the objectives and targets in its housing and homelessness plan, and ii. the progress achieved towards meeting those objectives and targets, as measured in accordance with the plan. O. Reg. 317/13, s. 2. (3) The first report to the public shall be made in 2015 for the 2014 year. O. Reg. 317/13, s. 2.
Same, information related to calculation of portable housing benefit
 9.2 (1) A service manager that offers or provides a portable housing benefit shall make the information mentioned in subsection (2) available to the public by posting it on the Internet. O. Reg. 340/17, s. 2. (2) The information referred to in subsection (1) is the following: 1. Any average market rent data referred to in subparagraph 4 i of subsection 4 (1) of Schedule 4.1 that the service manager uses for the purposes of calculating a portable housing benefit. 2. Any information that the service manager relies on for the purposes of making a determination described in subparagraph 4 ii of subsection 4 (1) of Schedule 4.1 in connection with the calculation of a portable housing benefit. O. Reg. 340/17, s. 2. Part V   Local Housing Corporations — Part IV of the Act Definition
PART V LOCAL HOUSING CORPORATIONS — PART IV OF THE ACT
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Definition
 10. In this Part, “program 1 (a) housing project” means a housing project that is subject to the housing program with the program category number 1 (a) in Schedule 1.  O. Reg. 367/11, s. 10. General
Rules governing operation, s. 27 (1) (a) of the Act
 11. (1) The following rules are prescribed for the purposes of clause 27 (1) (a) of the Act: 1. A local housing corporation shall make the payments it is required to make under any mortgage transferred to the corporation by a transfer order under Part IV of the former Act. 2. A local housing corporation shall, i. maintain accurate records and accounts, ii. establish and follow a schedule governing the retention and disposal of records, iii. give the related service manager and agents designated by the related service manager access, at all reasonable times, to the corporation’s records, and iv. submit reports to the related service manager at the times and containing the information specified by the related service manager. 3. A local housing corporation shall, on or before the date specified by the related service manager, submit a proposed budget to the related service manager for the following calendar year containing such information as the service manager specifies. 4. A local housing corporation shall, at the times specified by the related service manager, submit a capital plan for the housing projects owned by the local housing corporation and the capital plan must extend beyond the following calendar year. 5. A local housing corporation shall reduce the number of modified units as defined in subsection 41 (2) of the Act in a program 1 (a) housing project only with the service manager’s written permission. 6. The rules in this subsection apply to an entity described in paragraph 1 or 2 of subsection 30 (1) of the Act that owns a housing project that was previously transferred to a local housing corporation by a transfer order under Part IV of the former Act, but the rules apply to the entity, i. only in respect of the housing project, and ii. only with respect to the period of time in which the entity owns the housing project.  O. Reg. 367/11, s. 11 (1). (2) A rule made by the related service manager may vary the application of paragraph 3, 4 or 5 of subsection (1) or provide that any of those paragraphs do not apply, but such a rule does not apply to the local housing corporation or entity to which the rule would apply until the local housing corporation or entity has received written notice of the rule from the related service manager.  O. Reg. 367/11, s. 11 (2).
Subsidy from related service manager, s. 28 of the Act
 12. (1) The subsidy required under subsection 28 (1) of the Act must include sufficient funding to enable the local housing corporation,  (a) to maintain the program 1 (a) housing projects owned by the corporation in a satisfactory state of repair and fit for occupancy; (b) to make the housing in the program 1 (a) housing projects owned by the corporation available to eligible households; and (c) to make the payments the corporation is required to make under any mortgage transferred to the corporation by a transfer order under Part IV of the former Act.  O. Reg. 367/11, s. 12 (1). (2) Subsection (1) applies, with necessary modifications, to a subsidy to which an entity is entitled under subsection 28 (2) of the Act.  O. Reg. 367/11, s. 12 (2). Restriction on Certain Corporate Changes
Restriction on Certain Corporate Changes
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Share issue — restriction, s. 32 (b) of the Act
 13. The following requirement is prescribed for the purposes of clause 32 (b) of the Act: 1. The local housing corporation must still be a local housing corporation under section 30 of the Act after the shares are issued.  O. Reg. 367/11, s. 13.
Share transfer, etc. — restriction, s. 33 (1) (b) of the Act
 14. The following requirements are prescribed for the purposes of clause 33 (1) (b) of the Act: 1. For a transfer, the local housing corporation must still be a local housing corporation under section 30 of the Act after the transfer is made. 2. For an encumbrance, i. the encumbrance must be in favour of an entity or corporation listed in subsection 30 (1) of the Act, and ii. the encumbrance must not be transferrable, except to another entity or corporation listed in subsection 30 (1) of the Act.  O. Reg. 367/11, s. 14.
Amalgamation — restriction, s. 34 (b) of the Act
 15. The following requirement is prescribed for the purposes of clause 34 (b) of the Act: 1. The corporation that will result from the amalgamation must be a local housing corporation under section 30 of the Act.  O. Reg. 367/11, s. 15.
Voluntary wind-up or dissolution — restriction, s. 35 (b) of the Act
 16. The following requirement is prescribed for the purposes of clause 35 (b) of the Act: 1. When steps were first taken to wind-up or dissolve the corporation the corporation must not have owned any real property that was transferred under a transfer order under Part IV of the former Act.  O. Reg. 367/11, s. 16.
Content of notice, s. 35.1 (2) of the Act
 16.1 The following are prescribed, for the purposes of subsection 35.1 (2) of the Act, as requirements for a notice under subsection 35.1 (1) of the Act: 1. The notice must describe the transaction or activity for which consent was given. 2. The notice must describe how the transaction or activity will affect the local housing corporation. O. Reg. 472/16, s. 1.
Transition, consents given before January 1, 2017
 16.2 A consent under clause 32 (a), 33 (1) (a), 34 (a) or 35 (a) of the Act, as it reads immediately before January 1, 2017, given before that date by the Minister, is deemed, on and after that date, to be a consent given by the related service manager under clause 32 (a), 33 (1) (a), 34 (a) or 35 (a), respectively, and the related service manager may do anything with respect to that consent that the related service manager may do under that provision. O. Reg. 472/16, s. 1. Part VI   Rent-Geared-To-Income Assistance and Special Needs Housing — Part V of the Act Definition
PART VI RENT-GEARED-TO-INCOME ASSISTANCE AND SPECIAL NEEDS HOUSING — PART V OF THE ACT
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Housing providers that are special needs housing administrators, s. 38 of the Act
 17. For the purposes of clause (b) of the definition of “special needs housing administrator” in section 38 of the Act, a housing provider set out in Schedule 3 is the special needs housing administrator for the housing projects it operates in the service area of the corresponding service manager set out in the Schedule.  O. Reg. 367/11, s. 17. Application of Part of Act
Application of Part of Act
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Programs prescribed for application of Part, s. 39 (1) of the Act
 18. The transferred housing programs with program category numbers of 1 (a), 1 (b), 2 (a), 2 (b), 6 (a) and 6 (b) in Schedule 1 are prescribed for the purposes of subsection 39 (1) of the Act.  O. Reg. 367/11, s. 18. Minimum Service Levels
Minimum Service Levels
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Service levels, rent-geared-to-income assistance, s. 40 (1) of the Act
 19. For each service manager set out in Schedule 4, (a) the number in column 2 is prescribed for the purposes of clause 40 (1) (a) of the Act; and (b) the number in column 3 is prescribed for the purposes of 40 (1) (b) of the Act.  O. Reg. 367/11, s. 19.
Households not included to meet service levels, s. 40 (2) of the Act
 20. The transferred housing programs with program category numbers of 3, 4 and 5 in Schedule 1 are prescribed for the purposes of subsection 40 (2) of the Act.  O. Reg. 367/11, s. 20; O. Reg. 242/22, s. 3.
Financial assistance specified for the purposes of par. 2 of s. 40 (3.1) of the Act
 20.1 Financial assistance provided by a service manager to a household is specified as an alternate form of financial assistance related to housing for the purposes of paragraph 2 of subsection 40 (3.1) of the Act if, (a) the financial assistance is in the form of a monthly benefit described in section 1 of Schedule 4.1; (b) the financial assistance is described in section 1 of Schedule 4.2; or (c) the financial assistance is described in section 1 of Schedule 4.3. O. Reg. 242/22, s. 4.
Programs prescribed for application of Part, s. 41 of the Act
 21. The transferred housing programs with program category numbers of 1 (a), 1 (b), 2 (a), 2 (b), 6 (a) and 6 (b) in Schedule 1 are prescribed for the purposes of section 41 of the Act.  O. Reg. 367/11, s. 21.
Service levels, modified units, par. 1 of s. 41 (1) of the Act
 22. For each service manager set out in Schedule 4, the number in column 4 is prescribed for the purposes of paragraph 1 of subsection 41 (1) of the Act.  O. Reg. 367/11, s. 22. Rent-Geared-to-Income Assistance – Eligibility Rules
Rent-Geared-to-Income Assistance – Eligibility Rules
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Provincial eligibility rules, par. 1 of s. 42 (1) of the Act
 23. The rules in sections 24 to 32.2 are prescribed, for the purposes of paragraph 1 of subsection 42 (1) of the Act, as provincial eligibility rules for determining eligibility for rent-geared-to-income assistance.  O. Reg. 367/11, s. 23; O. Reg. 340/17, s. 4; O. Reg. 318/19, s. 1.
Basic requirements — age, independence and citizenship, etc.
 24. (1) For a household to be eligible for rent-geared-to-income assistance, (a) at least one member of the household must be 16 years old or older and able to live independently; and (b) each member of the household must meet at least one of the following criteria: (i) the member is a Canadian citizen, (ii) the member has made an application for status as a permanent resident under the Immigration and Refugee Protection Act (Canada), or (iii) the member has made a claim for refugee protection under the Immigration and Refugee Protection Act (Canada).  O. Reg. 367/11, s. 24 (1). (2) For the purposes of clause (1) (a), an individual is able to live independently if he or she can carry out the normal essential activities of day-to-day living, either on his or her own or with the aid of support services that the individual demonstrates will be provided when required.  O. Reg. 367/11, s. 24 (2).
Ineligibility — removal order
 25. A household is ineligible for rent-geared-to-income assistance if a removal order has become enforceable under the Immigration and Refugee Protection Act
(Canada) against any member of the household.  O. Reg. 367/11, s. 25.
Ineligibility — amounts owed by household
 26. (1) A household is ineligible for rent-geared-to-income assistance if a member of the household owes, with respect to a previous tenancy in any housing project under any transferred housing program, (a) arrears of rent; (b) an amount required by a service manager under section 56 of the Act or section 86 of the former Act; or (c) an amount for damage caused by a current member of the household.  O. Reg. 367/11, s. 26 (1). (2) Subsection (1) does not apply with respect to arrears or an amount owed by a member of the household if, (a) the service manager is satisfied that there are extenuating circumstances; or (b) a member of the household has entered into an agreement, or made reasonable efforts to enter into an agreement, with the person to whom the arrears or amount is owed for the payment of the arrears or amount and the service manager is satisfied that the member is making or intends to make all reasonable efforts to repay the arrears or amount.  O. Reg. 367/11, s. 26 (2). (3) The arrears or amount owed by a member of the household is deemed, for the purposes of clause (2) (b), to be one-half of the actual arrears or amount owed if, (a) a request has been made for the household to be included in the special priority household category and the request would be or has been granted; and (b) the arrears or amount is owed with respect to a unit of which the member and the abusing individual were joint tenants.  O. Reg. 367/11, s. 26 (3).
Cessation of eligibility — initial eligibility requirements
 27. For greater certainty, a household that has been determined to be eligible for rent-geared-to-income assistance ceases to be eligible if, (a) the household is no longer eligible under section 24; or (b) the household becomes ineligible under section 25 or 26.  O. Reg. 367/11, s. 27.
Cessation of eligibility — failure to provide information
 29. (1) A household that has been determined to be eligible for rent-geared-to-income assistance ceases to be eligible if the household fails to provide information requested by the service manager for the purposes of,  (a) determining, under subsection 52 (1) of the Act or under a rule under paragraph 6 of subsection 46 (1), whether the household continues to be eligible; or (b) determining, under subsection 50 (1) of the Act, the amount of rent payable by the household.  O. Reg. 367/11, s. 29 (1). (2) Despite subsection (1), the service manager may determine that the household remains eligible if the service manager is satisfied that there are extenuating circumstances.  O. Reg. 367/11, s. 29 (2).
Cessation of eligibility — failure to file tax returns
 29.1 (1) A household that has been receiving rent-geared-to-income assistance ceases to be eligible for such assistance if a member of the household whose income is to be included in the calculation of the geared-to-income rent payable by the household has not filed a return of income under the Income Tax Act (Canada) for the member’s taxation year referred to in subsection 6 (3) of Ontario Regulation 316/19 (Determination of Geared-to-Income Rent under Section 50 of the Act) made under the Act before the day an annual review of the household’s geared-to-income rent commences. O. Reg. 317/19, s. 3. (2) Despite subsection (1), the service manager may determine that the household remains eligible for rent-geared-to-income assistance if the service manager is satisfied that there are extenuating circumstances. O. Reg. 317/19, s. 3. (3) The service manager may determine that a household that is ineligible for rent-geared-to-income assistance under subsection (1) is no longer ineligible once the return of income referred to in subsection (1) is filed. O. Reg. 317/19, s. 3. (4) This section does not apply with respect to a household while the service manager is, in accordance with subsections 12 (1) and (2) of Ontario Regulation 316/19, continuing to determine rent-geared-to-income assistance in accordance with Ontario Regulation 298/01 (Determination of Geared-To-Income Rent Under Section 50 of the Act) made under the Act, as it read immediately before its revocation under section 13 of Ontario Regulation 316/19 made under the Act. O. Reg. 317/19, s. 3.
Cessation of eligibility – period of normal rent
 30. A household that has been receiving rent-geared-to-income assistance ceases to be eligible for such assistance if the amount of rent paid by the household is the same as what the rent would be if the household were not receiving rent-geared-to-income assistance for a period of, (a) 24 consecutive months; or (b) 12 consecutive months, if the service manager is, in accordance with subsections 12 (1) and (2) of Ontario Regulation 316/19 (Determination of Geared-to-Income Rent under Section 50 of the Act) made under the Act, continuing to determine rent-geared-to-income assistance in accordance with Ontario Regulation 298/01 (Determination of Geared-To-Income Rent Under Section 50 of the Act) made under the Act, as it read immediately before its revocation under section 13 of Ontario Regulation 316/19. O. Reg. 317/19, s. 4.
Cessation of eligibility — failure to obtain income
 31. (1) If the service manager is of the opinion that a member of a household that is receiving rent-geared-to-income assistance may be eligible to receive income of a type set out in subsection (2) and the member is not receiving such income, the service manager may 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 to obtain a decision on the application and receive 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.  O. Reg. 367/11, s. 31 (1). (2) The types of income referred to in subsection (1) are the following: 1. Basic financial assistance under the Ontario Works Act, 1997. 2. Support under the Divorce Act
(Canada), the Family Law Act or the Interjurisdictional Support Orders Act, 2002. 3. Unemployment benefits under the Employment Insurance Act (Canada). 4. A benefit under section 2 of the Ontario Guaranteed Annual Income Act. 5. A pension or supplement under Part I or II of the Old Age Security Act (Canada). 6. Support or maintenance resulting from an undertaking given with respect to the member under the Immigration and Refugee Protection Act (Canada).  O. Reg. 367/11, s. 31 (2). (3) A household that has been given a notice under subsection (1) ceases to be eligible for rent-geared-to-income assistance if the service manager, (a) receives no response from the household within the period of time specified in the notice; or (b) concludes, after receiving a response from the household, that the member has failed to make reasonable efforts to obtain income of the type specified in the notice.  O. Reg. 367/11, s. 31 (3). (4) Despite subsection (3), the service manager may determine that the household remains eligible if the service manager is satisfied that there are extenuating circumstances.  O. Reg. 367/11, s. 31 (4).
Cessation of eligibility — s. 20.1 assistance
 32.1 A household that is receiving rent-geared-to-income assistance ceases to be eligible for such assistance if the household has accepted an offer of financial assistance referred to in section 20.1 and begins to receive that assistance. O. Reg. 242/22, s. 5.
Cessation of eligibility – refusal of offer
 32.2 (1) A household ceases to be eligible for rent-geared-to-income assistance if the household refuses an offer by the service manager for such assistance in a unit in the service manager’s service area that, (a) meets the service manager’s occupancy standards; and (b) is in a housing project for which the household has expressed a preference. O. Reg. 318/19, s. 2. (2) A household’s refusal of an offer of a portable housing benefit shall not be considered a refusal under subsection (1). O. Reg. 318/19, s. 2. (3) Despite subsection (1), a service manager may determine that the household remains eligible if the service manager is satisfied that there are extenuating circumstances. O. Reg. 318/19, s. 2. (4) Revoked: O. Reg. 242/22, s. 6. (5) The service manager shall make reasonable efforts to notify households about the provincial eligibility rules described subsections (1) to (3). O. Reg. 318/19, s. 2. (6) For a household that is on the centralized waiting list required under section 46, the service manager shall make reasonable efforts to notify the household about the provincial eligibility rules described in subsections (1) to (3) before the date the rules begin to apply. O. Reg. 318/19, s. 2.
Required local eligibility rules
 32.3 (1) The matters on which a service manager shall make a local eligibility rule under sections 32.4 and 32.5 are prescribed as matters for the purposes of subsection 42 (2) of the Act. O. Reg. 242/22, s. 7. (2) The requirements under sections 32.4 and 32.5 are prescribed as requirements for the purposes of subsection 42 (3) of the Act. O. Reg. 242/22, s. 7.
Optional local eligibility rules
 33. (1) The matters on which a service manager may make a local eligibility rule under sections 36 to 38 are prescribed as matters for the purposes of subsection 42 (2.1) of the Act. O. Reg. 242/22, s. 8. (2) The requirements under sections 36 to 41 are prescribed as requirements for the purposes of subsection 42 (3) of the Act. O. Reg. 242/22, s. 8. 34., 35. Revoked: O. Reg. 242/22, s. 8.
Local rule — certain convictions
 36. (1) A service manager may make a local eligibility rule providing that a household is ineligible for rent-geared-to-income assistance if a member of the household has been convicted of, (a) an offence under section 55 of the Act or section 85 of the former Act; or (b) a crime under the Criminal Code
(Canada) in relation to the receipt of rent-geared-to-income assistance.  O. Reg. 367/11, s. 36 (1). (2) The local eligibility rule must not provide for a household to be ineligible in respect of a conviction that occurred more than two years before the determination of ineligibility.  O. Reg. 367/11, s. 36 (2).
Local rule — maximum absence from unit
 37. (1) A service manager may make a local eligibility rule providing for a household to cease to be eligible for rent-geared-to-income assistance if all the members of the household are absent from the unit for which the household receives rent-geared-to-income assistance for more than the maximum number of days specified in the local eligibility rule.  O. Reg. 367/11, s. 37 (1). (2) The local eligibility rule may provide for a maximum number of consecutive days, for a maximum number of days in a year or for both.  O. Reg. 367/11, s. 37 (2). (3) The maximum number of consecutive days specified in the local eligibility rule must be at least 60 consecutive days.  O. Reg. 367/11, s. 37 (3). (4) The maximum number of days in a year specified in the local eligibility rule must be at least 90 days.  O. Reg. 367/11, s. 37 (4). (5) The local eligibility rule must provide that a member of the household who is absent for medical reasons is deemed to not be absent.  O. Reg. 367/11, s. 37 (5).
Local rule — ceasing to meet occupancy standards
 38. (1) A service manager may make a local eligibility rule providing for a household to cease to be eligible for rent-geared-to-income assistance if the household occupies a unit that is larger than the largest size permissible under the service manager’s occupancy standards.  O. Reg. 367/11, s. 38 (1). (2) The local eligibility rule must provide that a household does not cease to be eligible until at least a year after the household has been notified, by the service manager, that the household occupies a unit that is larger than the largest size permissible under the service manager’s occupancy standards.  O. Reg. 367/11, s. 38 (2). (3) The local eligibility rule must provide that the household does not cease to be eligible if the household is following the process, specified in the rule or by the service manager, to be transferred to a unit that is permissible under the service manager’s occupancy standards.  O. Reg. 367/11, s. 38 (3). (4) The process referred to in subsection (3) must provide that, (a) a household ceases to be eligible if, after the expiry of the period referred to in subsection (2), the household refuses an offer to transfer to a unit that is permissible under the service manager’s occupancy standards; and (b) a service manager may determine that the household remains eligible if the service manager is satisfied that there are extenuating circumstances. O. Reg. 318/19, s. 4. 39. Revoked: O. Reg. 318/19, s. 5.
Local rules — no residency criteria
 40. A local eligibility rule may not treat a household differently from other households because the household resides, or at any time in the past did reside, outside the service manager’s service area.  O. Reg. 367/11, s. 40.
Local rules — no distinction based on duration of assistance
 41. A local eligibility rule may not treat a household receiving rent-geared-to-income assistance differently from other such households because of how long the household has received such assistance.  O. Reg. 367/11, s. 41. Rent-Geared-to-Income Assistance — Occupancy Standards
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Occupancy standards requirements, s. 43 (2) of the Act
 42. (1) The following are prescribed, for the purposes of subsection 43 (2) of the Act, as requirements that occupancy standards under subsection 43 (1) of the Act must comply with: 1. The standards must provide for the household to be permitted a larger unit than would otherwise be permitted if a larger unit is reasonably necessary due to a disability or medical condition of a member of the household. 2. The standards must treat a child of a member of a household as a member of the household, for the purposes of the occupancy standards, if the child, i. is in attendance at a recognized educational institution and, while in attendance, does not live with the household, ii. lives with the household while not attending that educational institution, and iii. is dependent, in whole or in part, on the household for financial support.  O. Reg. 367/11, s. 42 (1). (2) In subparagraph 2 i of subsection (1), “recognized educational institution” means any of the following or a similar institution outside Ontario: 1. A school, as defined in the Education Act. 2. A university. 3. A college of applied arts and technology established under the Ontario Colleges of Applied Arts and Technology Act, 2002. 4. A private career college, as defined in the Private Career Colleges Act, 2005. Note: On January 1, 2024, the day subsection 2 (1) of Schedule 29 to the Less Red Tape, Stronger Economy Act, 2023 comes into force, paragraph 4 of subsection 42 (2) of the Regulation is revoked and the following substituted: (See: O. Reg. 365/23, s. 2) 4. A career college, as defined in the Ontario Career Colleges Act, 2005. 5. 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.  O. Reg. 367/11, s. 42 (2). Rent-Geared-to-Income Assistance — Application and Determination
Rent-Geared-to-Income Assistance — Application and Determination
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Limitations on what can be required in applications, s. 44 (3) of the Act
 43. The following are prescribed, for the purposes of subsection 44 (3) of the Act, as limitations on what a service manager may require under clause 44 (2) (b) of the Act: 1. The service manager shall not require a person to provide information or documents if the service manager is satisfied that the person is unable to do so. 2. The service manager shall not require information or documents with respect to an application for assistance in housing provided by a housing provider under its mandate under section 76 of the Act to provide housing to households that are homeless or hard to house if the housing provider informs the service manager that the housing provider is of the view that requiring the information or documents would be inappropriate in the circumstances. 3. The service manager shall not require information or documents with respect to an application that includes a request for inclusion in the special priority household category that relates to the abuse, other than trafficking, of a member of the household, if the member of the household making the request believes that he or she or any other member of the household will be at risk of abuse if he or she attempts to obtain the information or documents. 4. The service manager shall not require information or documents with respect to an application that includes a request for inclusion in the special priority household category that relates to the trafficking of a member of the household, if the member of the household making the request believes that he or she or any other member of the household will be at risk of abuse if he or she attempts to obtain the information or documents. O. Reg. 367/11, s. 43; O. Reg. 437/17, s. 3.
Determination of eligibility, requirements, par. 2 of s. 45 (2) of the Act
 44. The following requirements are prescribed for the purposes of paragraph 2 of subsection 45 (2) of the Act: 1. If the service manager determines that an application is not complete, the service manager shall notify the household, without delay, of what is necessary to complete the application. 2. If an application includes a request for inclusion in the special priority household category, the service manager shall, under paragraph 1, notify only the member of the household who made the application but not any other member of the household. 2.1 If, after making reasonable efforts to contact the member referred to in paragraph 2, the service manager is unable to contact the member and the member has authorized the service manager to contact an identified individual under subsection 56.1 (1), the service manager, i. shall make reasonable efforts to contact the individual, ii. shall request only that the individual advise the member to contact the service manager, and iii. shall not provide to the individual any other information regarding the circumstances. 3. Once an application is complete, the service manager shall determine, without delay, whether the household is eligible for rent-geared-to-income assistance. 4. For applications that include a request for inclusion in the special priority household category, the service manager shall determine, within 14 days after the application is complete, whether the request would be granted and, if it would be, the service manager shall also determine, within 14 days after the application is complete, whether the household is eligible for rent-geared-to-income assistance.  O. Reg. 367/11, s. 44; O. Reg. 437/17, s. 4. Rent-Geared-to-Income Assistance — Selection System
Rent-Geared-to-Income Assistance — Selection System
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System for selecting waiting households, requirements, s. 47 (3) of the Act
 45. The requirements in sections 46 to 51 are prescribed, for the purposes of subsection 47 (3) of the Act, as requirements for the service manager’s system for selecting households from those waiting for rent-geared-to-income assistance.  O. Reg. 367/11, s. 45.
System requirements – household preferences
 46.1 (1) A service manager’s system for selecting households must include rules that provide for a household to indicate preferences for housing projects in the service manager’s service area. O. Reg. 318/19, s. 7. (2) The rules shall provide that, until a household has indicated a preference for a housing project, the preference of the household shall be any housing project in the service manager’s service area or in any part of the service area determined by the service manager. O. Reg. 318/19, s. 7. (3) The rules shall permit a household to change or remove its preference for a housing project. O. Reg. 318/19, s. 7. (4) The service manager shall make reasonable efforts to notify households about the services manager’s rules under subsections (1) to (3). O. Reg. 318/19, s. 7.
System requirements — selection of already accommodated households
 48. A service manager’s system for selecting households must include rules that provide for the following: 1. The housing provider may, with the approval of the service manager, select a household that already occupies a unit in a designated housing project as a household to receive rent-geared-to-income assistance. 2. A selection under paragraph 1 shall be made, in accordance with the service manager’s determination of priority under section 48 of the Act, from among the households that are on the centralized waiting list required under section 46 and that already occupy units in the housing project.  O. Reg. 367/11, s. 48.
System requirements — alternative housing provider
 49. (1) A service manager’s system for selecting households must provide for the rules described in subsection (2) to not apply to an alternative housing unit if the alternative housing provider agrees.  O. Reg. 367/11, s. 49 (1). (2) The rules referred to in subsection (1) are the rules under the following provisions: 1. Subparagraph 1 ii of subsection 47 (1). 2. Paragraphs 2 to 4 of subsection 47 (1).  O. Reg. 367/11, s. 49 (2); O. Reg. 31/12, s. 1. (3) In this section, “alternative housing provider” means a housing provider that has a mandate, under section 76 of the Act, to provide housing to households that are homeless or hard to house; (“fournisseur de logements aux ménages non conventionnels”) “alternative housing unit” means a unit in a housing project operated by an alternative housing provider that is made available to households that are homeless or hard to house. (“logement pour ménages non conventionnel”)  O. Reg. 367/11, s. 49 (3).
System requirements — rules for special needs housing
 51. A service manager’s system for selecting households must include rules that provide for the following in relation to special needs housing: 1. None of the rules under section 47 to 50 shall apply with respect to special needs housing. 2. A household in special needs housing shall be selected for rent-geared-to-income assistance upon the service manager determining that the household is eligible for rent-geared-to-income assistance.  O. Reg. 367/11, s. 51. Rent-Geared-to-Income Assistance — Priority Rules
Rent-Geared-to-Income Assistance — Priority Rules
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Provincial priority rules, par. 1 of s. 48 (2) of the Act
 52. (1) The following are prescribed, for the purposes of paragraph 1 of subsection 48 (2) of the Act, as provincial priority rules: 1. A household in the special priority household category has priority over a household that is not in the special priority household category. 2. The priority of households that have been determined to be eligible for inclusion in the special priority household category is determined by the date the household made a written request under section 56 to be included in the category, whether or not the request met all the requirements of that section at the time it was made, with a household with an earlier date having priority over a household with a later date. 3. Unless a service manager’s priority rule provides otherwise in accordance with subsection (2), the priority of households that are not in the special priority household category is determined by the date a household’s application for rent-geared-to-income assistance was complete, with a household with an earlier date having priority over a household with a later date.  O. Reg. 367/11, s. 52 (1); O. Reg. 437/17, s. 6; O. Reg. 318/19, s. 10. (2) A service manager’s priority rule may provide for a different result from the result under paragraph 3 of subsection (1) but only if that priority rule provides that the amount of time a household has been on the centralized waiting list required under section 46 is a factor in determining the relative priorities of households that are not in the special priority household category.  O. Reg. 367/11, s. 52 (2).
Special priority household category, par. 1 of s. 48 (2) of the Act
 53. The rules in sections 54 to 58.1 are prescribed, for the purposes of paragraph 1 of subsection 48 (2) of the Act, as provincial priority rules for determining if a household is in the special priority household category.  O. Reg. 367/11, s. 53; O. Reg. 437/17, s. 7.