jswizzle3737/ontario_laws_and_regs huggingface dataset:
Special priority household category — eligibility based on abuse other than trafficking
 54. (0.1) This section applies only with respect to abuse, other than trafficking, of a member of a household. O. Reg. 437/17, s. 8 (1). (1) A household is eligible to be included in the special priority household category if, (a) a member of the household has been abused by another individual; (b) the abusing individual is or was living with the abused member or is sponsoring the abused member as an immigrant; and (c) the abused member intends to live permanently apart from the abusing individual.  O. Reg. 367/11, s. 54 (1). (2) If the abused member and the abusing individual used to live together but no longer do, the household is not eligible to be included in the special priority household category unless one of the following requirements is satisfied: 1. A written request to be included in the special priority household category was made within three months after the abused member and the abusing individual ceased to live together, regardless of whether or not the request met all the requirements of section 56 at the time it was made. 2. The service manager is satisfied that the abuse is ongoing at the time a written request to be included in the special priority household category was made, regardless of whether or not the request met all the requirements of section 56 at the time it was made. 3. The service manager determines that it is appropriate to include the household in the special priority household category despite a written request to be included not being made within the time limit set out in paragraph 1. O. Reg. 367/11, s. 54 (2); O. Reg. 437/17, s. 8 (2). (3) In making a determination under paragraph 3 of subsection (2), a service manager shall consider whether, (a) any member of the household knew that he or she could request that the household be included in the special priority household category; (b) any member of the household knew of the need to submit a request within the time limit set out in paragraph 1 of subsection (2); (c) the abused member is at risk of further abuse from the abusing individual; (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; (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; (g) the abused member is, (i) living in an emergency shelter, or (ii) living in temporary housing and receiving treatment or counselling; or (h) there are any other extenuating circumstances.  O. Reg. 367/11, s. 54 (3); O. Reg. 437/17, s. 8 (3).
Special priority household category — eligibility based on trafficking
 54.1 (1) A household is eligible to be included in the special priority household category if a member of the household is being or has been trafficked. O. Reg. 437/17, s. 9. (2) If the trafficked member is no longer being trafficked, the household is not eligible to be included in the special priority household category unless one of the following requirements is satisfied: 1. A written request to be included in the special priority household category was made within three months after the trafficking stopped, regardless of whether or not the request met all the requirements of section 56 at the time it was made. 2. The service manager determines that it is appropriate to include the household in the special priority household category despite a written request to be included not being made within the time limit set out in paragraph 1. O. Reg. 437/17, s. 9. (3) In making a determination under paragraph 2 of subsection (2), a service manager shall consider whether, (a) any member of the household knew that he or she could request that the household be included in the special priority household category; (b) any member of the household knew of the need to submit a request within the time limit set out in paragraph 1 of subsection (2); (c) the trafficked member is at risk from an individual engaged in trafficking, including risk due to financial hardship which could be alleviated by the provision of rent-geared-to-income assistance; (d) the trafficked member is in need of rent-geared-to-income assistance to alleviate financial hardship arising from legal proceedings in relation to the trafficking; (e) the trafficked 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; (f) the trafficked member is, (i) living in an emergency shelter, or (ii) living in temporary housing and receiving treatment or counselling; or (g) there are any other extenuating circumstances. O. Reg. 437/17, s. 9.
Special priority household category — limit on reconsideration
 55. (1) After a service manager determines that a household should be included in the special priority household category, the service manager shall not reconsider whether the household should be included in that category except as provided for under subsection (2).  O. Reg. 367/11, s. 55 (1). (2) A service manager may determine that a household is no longer included in the special priority household category if, (a) the request for inclusion in the special priority household category relates to the abuse, other than trafficking, of a member of the household and the member who made the request notifies the service manager, (i) that he or she wants the abusing individual to be part of the member’s household for the purposes of the member’s application for rent-geared-to-income assistance, or (ii) that the abusing individual is deceased; (a.1) the request for inclusion in the special priority household category relates to the trafficking of a member of the household and the member who made the request notifies the service manager, (i) that he or she wants an individual who is or was engaged in the trafficking to be part of the member’s household for the purposes of the member’s application for rent-geared-to-income assistance, or (ii) where only one individual is or was engaged in the trafficking, that the individual is deceased; or (b) the household accepts an offer of rent-geared-to-income assistance, whether or not that offer comes from a housing provider within the service area of the service manager.  O. Reg. 367/11, s. 55 (2); O. Reg. 437/17, s. 10.
Special priority household category — request requirements
 56. The following apply to a request to be included in the special priority household category: 1. The request must be in writing. 2. The request must be made by a member of the household who is 16 years old or older. 3. If the request relates to the abuse, other than trafficking, of a member of the household, the request must include a written consent from the abused member or a person authorized to consent on the abused member’s behalf, consenting to the disclosure to the service manager of information and documents required by the service manager to verify the requirement under clause 54 (1) (a). 4. If the request relates to the trafficking of a member of the household, the request must include a written consent from the trafficked member or a person authorized to consent on the trafficked member’s behalf, consenting to the disclosure to the service manager of information and documents required by the service manager to verify the requirement under subsection 54.1 (1) and, if applicable, to verify the requirements under paragraph 1 of subsection 54.1 (2). O. Reg. 367/11, s. 56; O. Reg. 437/17, s. 11.
Special priority household category — authorization to contact identified individual
 56.1 (1) If the application includes a request for inclusion in the special priority household category, the service manager shall ask the member of the household who made the application for, (a) the authorization to contact, for the sole purpose mentioned in subsection (2), an individual identified by the member, in circumstances where the service manager is unable to contact the member; and (b) if the member so authorizes the service manager, the contact information of the individual. O. Reg. 437/17, s. 12. (2) The sole purpose referred to in clause (1) (a) is to request that the individual advise the member to contact the service manager. O. Reg. 437/17, s. 12.
Special priority household category — restrictions on requiring information and documents
 57. The following are restrictions on the information and documents that a service manager can require to determine whether a household should be included in the special priority household category: 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. In the case of a request for inclusion in the special priority household category that relates to the abuse, other than trafficking, of a member of the household, the service manager, i. shall not require a member of the household to provide information or documents if the member 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, and ii. shall not require information as to whether the member making the request for inclusion or the abused member has commenced legal proceedings against the abusing individual and shall not require information or documents relating to such proceedings. 3. In the case of a request for inclusion in the special priority household category that relates to the trafficking of a member of the household, the service manager, i. shall not require a member of the household to provide information or documents if the member 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, and ii. shall not require information as to whether the member making the request for inclusion or the trafficked member has commenced legal proceedings against an individual engaged in trafficking and shall not require information or documents relating to such proceedings. O. Reg. 367/11, s. 57; O. Reg. 437/17, s. 13.
Special priority household category — verifying there has been abuse other than trafficking
 58. (1) This section applies only with respect to abuse, other than trafficking, of a member of a household. O. Reg. 437/17, s. 14 (1). (2) A record that complies with the requirements of this section shall be conclusive proof that the requirement in clause 54 (1) (a), that a member of the household has been abused by an individual described in subsection 1 (2), is satisfied and that requirement may not be verified by any other method. O. Reg. 437/17, s. 14 (1). (2.1) The record must include the following information: 1. The name of the abused member. 2. A statement by the person preparing the record that he or she has reasonable grounds to believe that the member is being or has been abused by an individual described in subsection 1 (2). 3. A description of the circumstances that indicate that the member is being or has been abused. 4. Information about the person who prepared the record, including his or her name, occupation and any professional designations. 5. The date the record was prepared. O. Reg. 437/17, s. 14 (1). (3) The record must be in writing unless the service manager is satisfied that, (a) a member of the household will be at risk of being abused by the abusing individual if any member of the household attempts to obtain the record in writing; (b) the person preparing the record will be at risk of being abused by the abusing individual if the person produces the record in writing; or (c) a written record should not be required because of extenuating circumstances.  O. Reg. 367/11, s. 58 (3). (4) The record must be, (a) prepared, in his or her professional capacity, by a person described in subsection (5); (a.1) prepared, in his or her professional capacity, by a person employed by an agency or organization that provides social support services in the community and must be signed by the person who prepared the record and by a person who has the authority to bind the agency or organization; or (b) prepared by a person who is familiar with the abuse if the record is accompanied, if required by the service manager, by a declaration of the truth of the record administered by a commissioner for taking affidavits.  O. Reg. 367/11, s. 58 (4); O. Reg. 437/17, s. 14 (2). (5) The persons referred to in clause (4) (a) are the following: 1. A doctor. 2. A registered nurse or a registered practical nurse. 3. A lawyer. 4. A law enforcement officer. 5. A minister of religion authorized under provincial law to perform marriages. 6. A registered early childhood educator. 7. A teacher. 8. A guidance counsellor. 9. An individual in a managerial or administrative position with a housing provider. 10. An Indigenous Elder, Indigenous Traditional Person or Indigenous Knowledge Keeper. 11. A member of the College of Midwives of Ontario. 12. An aboriginal person who provides traditional midwifery services. 13. A registered social worker. 14. A registered social service worker. 15. A psychotherapist, registered psychotherapist or registered mental health therapist. O. Reg. 367/11, s. 58 (5); O. Reg. 437/17, s. 14 (3).
Special priority household category — verifying there has been trafficking
 58.1 (1) This section applies only with respect to abuse that consists of trafficking. O. Reg. 437/17, s. 15. (2) A record that complies with the requirements of this section shall be conclusive proof that the requirement in subsection 54.1 (1), that a member of the household is being or has been trafficked, is satisfied and that requirement may not be verified by any other method. O. Reg. 437/17, s. 15. (3) The record must include the following information: 1. The name of the trafficked member. 2. A statement by the person preparing the record that he or she has reasonable grounds to believe that the member is being or has been trafficked. 3. A description of the circumstances that indicate that the member is being or has been trafficked. 4. Information about the person who prepared the record, including his or her name, occupation and any professional designations. 5. The date the record was prepared. O. Reg. 437/17, s. 15. (4) The record must be in writing unless the service manager is satisfied that, (a) a member of the household will be at risk from an individual engaged in trafficking if any member of the household attempts to obtain the record in writing; (b) the person preparing the record will be at risk from an individual engaged in trafficking if the person produces the record in writing; or (c) a written record should not be required because of extenuating circumstances. O. Reg. 437/17, s. 15. (5) The record must be, (a) prepared, in his or her professional capacity, by a person described in subsection (6); (b) prepared, in his or her professional capacity, by a person employed by an agency or organization that provides social support services in the community and must be signed by the person who prepared the record and by a person who has the authority to bind the agency or organization; or (c) prepared by a person who is familiar with the trafficking if the record is accompanied, if required by the service manager, by a declaration of the truth of the record administered by a commissioner for taking affidavits. O. Reg. 437/17, s. 15. (6) The persons referred to in clause (5) (a) are the following: 1. A doctor. 2. A registered nurse or a registered practical nurse. 3. A lawyer. 4.   A law enforcement officer. 5. A minister of religion authorized under provincial law to perform marriages. 6. A registered early childhood educator. 7. A teacher. 8. A guidance counsellor. 9. An individual in a managerial or administrative position with a housing provider. 10. An Indigenous Elder, Indigenous Traditional Person or Indigenous Knowledge Keeper. 11. A member of the College of Midwives of Ontario. 12. An aboriginal person who provides traditional midwifery services. 13. A registered social worker. 14. A registered social service worker. 15. A psychotherapist, registered psychotherapist or registered mental health therapist. O. Reg. 437/17, s. 15. Rent-Geared-to-Income Assistance — Miscellaneous
Rent-Geared-to-Income Assistance — Miscellaneous
nan
Review of continued eligibility, timing of reviews, s. 52 (1) of the Act
 59. (1) For the purposes of subsection 52 (1) of the Act, (a) the periodic basis referred to in that subsection is once in every 12-month period after the household began to receive rent-geared-to-income assistance; and (b) the other times referred to in that subsection are such other times as the service manager considers appropriate.  O. Reg. 367/11, s. 59 (1). (2) Revoked: O. Reg. 437/17, s. 16.
Review of continued eligibility, requirements, par. 2 of s. 52 (3) of the Act
 60. The following are prescribed, for the purposes of paragraph 2 of subsection 52 (3) of the Act, as requirements for how a service manager’s determination under subsection 52 (1) of the Act shall be made: 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 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 a household that was in the special priority household category when the household began to receive rent-geared-to-income assistance if, i. the request for inclusion in the special priority household category related to the abuse, other than trafficking, of a member of the household, and ii. a member of the household 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 a household that was in the special priority household category when the household began to receive rent-geared-to-income assistance if, i. the request for inclusion in the special priority household category related to the trafficking of a member of the household, and ii. a member of the household 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. 60; O. Reg. 437/17, s. 17.
Notice of certain decisions, requirements, s. 53 (1) of the Act
 61. (1) The requirements in this section apply with respect to a notice under subsection 53 (1) of the Act.  O. Reg. 367/11, s. 61 (1). (2) The notice of a decision shall be given within seven business days after the decision is made or within such other time period after the decision is made as the service manager may establish.  O. Reg. 367/11, s. 61 (2). (3) The notice of a decision must include the following: 1. A statement of the date of the decision. 2. If a review of the decision may be requested under section 156 of the Act, i. a statement that a member of the household may request a review, ii. information about how to request a review and what the deadline is for doing so, and iii. a statement of the reasons for the decision. 3. If a review of the decision may not be requested under section 156 of the Act, a statement that a review may not be requested.  O. Reg. 367/11, s. 61 (3). (4) If a decision relates to an application that included a request for inclusion in the special priority household category, the notice of the decision shall be given to the member of the household who made the request but not to any other member of the household.  O. Reg. 367/11, s. 61 (4). (5) If, after making reasonable efforts to contact the member referred to in subsection (4), 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, (a) shall make reasonable efforts to contact the individual; (b) shall request only that the individual advise the member to contact the service manager; and (c) shall not provide to the individual any other information regarding the circumstances. O. Reg. 437/17, s. 18.
Information, etc., available to public, requirements, s. 54 (1) of the Act
 62. The information, documents and anything else that a service manager must make available to the public under subsection 54 (1) of the Act shall be made available, (a) by allowing members of the public, during normal business hours, to inspect and copy them at their own expense; and (b) by posting them on the Internet.  O. Reg. 367/11, s. 62.
Information, etc., made available by housing provider, s. 54 (3) of the Act
 63. (1) The information, documents and anything else that a service manager must make available to the public under subsection 54 (1) of the Act, including the information and documents prescribed for the purposes of paragraph 8 of subsection 54 (1) of the Act, are prescribed, for the purposes of subsection 54 (3) of the Act, as information and documents a housing provider must make available to the public.  O. Reg. 367/11, s. 63 (1). (2) The information, documents and anything else that a housing provider must make available to the public under subsection 54 (3) of the Act shall be made available by allowing members of the public, during normal business hours, to inspect and copy them at their own expense.  O. Reg. 367/11, s. 63 (2). (3) Despite subsection (1), the only information described in paragraph 5 of subsection 54 (1) of the Act that a housing provider is required to make available to the public is information about the housing projects operated by the housing provider.  O. Reg. 367/11, s. 63 (3).
Limitation on required repayment, s. 56 (2) of the Act
 64. (1) Under subsection 56 (2) of the Act, a service manager may not require a household to pay a difference that was the result of an error.  O. Reg. 367/11, s. 64 (1). (2) Subsection (1) does not apply with respect to an error made by a member of the household.  O. Reg. 367/11, s. 64 (2).
Limitation on recovery by rent increase, s. 56 (5) of the Act
 65. The following are prescribed, for the purposes of subsection 56 (5) of the Act, as limitations on the increase of geared-to-income rent by a service manager: 1. The increase may not be more than 10 per cent of the geared-to-income rent that would otherwise be payable. 2. The service manager must give the household notice of any increase and the increase is not effective until the beginning of the second month after the month in which the notice was given. 3. The service manager must give the housing provider notice of any increase. 4. Despite paragraph 2, if an increase in rent would otherwise come into effect during the period from January 1, 2021 to December 31, 2021, the increase is not effective until January 1, 2022.  O. Reg. 367/11, s. 65; O. Reg. 692/20, s. 1.
Powers of eligibility review officers, s. 57 (3) of the Act
 66. The following are prescribed, for the purposes of subsection 57 (3) of the Act, as powers an eligibility review officer has in carrying out an investigation under subsection 57 (2) of the Act: 1. The eligibility review officer may undertake inquiries into matters that may be relevant to the investigation. 2. The eligibility review officer may enter a place if, i. the place is open to the public, ii. the officer enters with consent, or iii. the officer enters under the authority of a search warrant.  O. Reg. 367/11, s. 66.
Powers of family support workers, s. 58 (2) of the Act
 67. (1) The following are prescribed, for the purposes of subsection 58 (2) of the Act, as powers a family support worker has in assisting a member of a household in taking action to pursue financial support: 1. The family support worker may, i. assist a member of a household with legal proceedings relating to financial support or undertake such legal proceedings on behalf of the member, and ii. assist a member of a household in completing an agreement providing for financial support of a member of the household, including a domestic contract, as defined in section 51 of the Family Law Act, and in filing any such agreement in the office of the Director of the Family Responsibility Office for enforcement. 2. In carrying out powers under paragraph 1, the family support worker may, i. undertake investigations and inquiries, and ii. collect, use and disclose personal information.  O. Reg. 367/11, s. 67 (1). (2) Nothing in this section authorizes a family support worker to do anything that the worker would be prohibited from doing under the Law Society Act.  O. Reg. 367/11, s. 67 (2). Special Needs Housing — Eligibility Rules
Special Needs Housing — Eligibility Rules
nan
Provincial eligibility rules, s. 59 of the Act
 68. The rules in sections 69 to 71 are prescribed, for the purposes of section 59 of the Act, as provincial eligibility rules for determining eligibility for special needs housing.  O. Reg. 367/11, s. 68.
Eligibility — requirement relating to need
 69. (1) For a household to be eligible for special needs housing, at least one member of the household must require accessibility modifications or provincially funded support services in order to live independently in the community.  O. Reg. 367/11, s. 69 (1). (2) If a household with one or more members who required provincially funded support services has been determined to be eligible for special needs housing, the household does not cease to be eligible under subsection (1) because all such members no longer require those services unless all such members have permanently recovered from the condition that necessitated the provision of those services.  O. Reg. 367/11, s. 69 (2).
Cessation of eligibility — failure to notify of changes
 70. (1) A household ceases to be eligible for special needs housing if the household fails to notify the special needs housing administrator, in accordance with this section, of a change described in subsection (2).  O. Reg. 367/11, s. 70 (1). (2) The change referred to in subsection (1) is a change to any information or document that the household previously provided to the special needs housing administrator and that the household was required to provide for the purposes of determining the household’s eligibility or continued eligibility for special needs housing.  O. Reg. 367/11, s. 70 (2). (3) Subject to subsection (4), a notification of a change must be given to the special needs housing administrator within 30 days after the change or within such longer period after the change as the administrator may establish.  O. Reg. 367/11, s. 70 (3). (4) The special needs housing administrator may extend the period of time for notifying the administrator, either before or after the period has expired.  O. Reg. 367/11, s. 70 (4). (5) The household shall notify the special needs housing administrator, (a) for a change to a document, by providing a copy of the changed document; and (b) for a change to information, by providing a notice setting out the change.  O. Reg. 367/11, s. 70 (5). (6) Despite subsection (1), the special needs housing administrator may determine that the household remains eligible if the administrator is satisfied that there are extenuating circumstances.  O. Reg. 367/11, s. 70 (6).
Cessation of eligibility — failure to provide information
 71. (1) A household that has been determined to be eligible for special needs housing ceases to be eligible if the household fails to provide information requested by the special needs housing administrator for the purpose of determining, under subsection 65 (1) of the Act or under a rule under paragraph 5 of subsection 75 (1), whether the household continues to be eligible.  O. Reg. 367/11, s. 71 (1). (2) Despite subsection (1), the special needs housing administrator may determine that the household remains eligible if the administrator is satisfied that there are extenuating circumstances.  O. Reg. 367/11, s. 71 (2). Special Needs Housing — Application and Determination
Special Needs Housing — Application and Determination
nan
Limitations on what can be required in applications, s. 60 (3) of the Act
 72. The following are prescribed, for the purposes of subsection 60 (3) of the Act, as limitations on what a special needs housing administrator may require under subsection 60 (2) of the Act: 1. The administrator shall not require a person to provide information or documents if the administrator is satisfied that the person is unable to do so. 2. The administrator 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. 3. The administrator 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. 72; O. Reg. 437/17, s. 19.
Determination of eligibility, requirements, par. 2 of s. 61 (2) of the Act
 73. The following requirements are prescribed for the purposes of paragraph 2 of subsection 61 (2) of the Act: 1. If the special needs housing administrator determines that an application is not complete, the administrator 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 special needs housing administrator 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 special needs housing administrator is unable to contact the member and the member has authorized the administrator to contact an identified individual under subsection 56.1 (1), the administrator, i. shall make reasonable efforts to contact the individual, ii. shall request only that the individual advise the member to contact the administrator, and iii. shall not provide to the individual any other information regarding the circumstances. 3. Once an application is complete, the special needs housing administrator shall determine, without delay, whether the household is eligible for special needs housing. 4. For applications that include a request for inclusion in the special priority household category, the special needs housing administrator shall determine, within 14 days after the application is complete, whether the request would be granted and, if it would be, the administrator shall also determine, within 14 days after the application is complete, whether the household is eligible for special needs housing.  O. Reg. 367/11, s. 73; O. Reg. 437/17, s. 20. Special Needs Housing — Selection System
Special Needs Housing — Selection System
nan
System for selecting waiting households, requirements, s. 62 (2) of the Act
 74. The requirements in sections 75 to 77 are prescribed, for the purposes of subsection 62 (2) of the Act, as requirements for the special needs housing administrator’s system for selecting households from those waiting for special needs housing.  O. Reg. 367/11, s. 74.
System requirements — waiting list
 75. (1) A special needs housing administrator’s system for selecting households must include a waiting list for each housing project and the system must include rules that provide for the following: 1. Upon the administrator determining that a household is eligible for special needs housing, the household shall be added to the list for each project for which the household has indicated a preference. 2. A household shall also be added to a list if the household, i. is occupying special needs housing in the administrator’s housing projects, and ii. has applied to be added to the list because the household wishes to be transferred to a unit in the housing project to which the list relates. 3. An application under subparagraph 2 ii shall be made to the administrator and must include the information and documents required by the administrator and must be in a form authorized by the administrator. 4. A household shall be removed from the list if, i. the household requests to be removed, ii. the household ceases to be eligible for special needs housing, or iii. the household has accepted an offer of special needs housing in the administrator’s housing projects. 5. The administrator shall determine, from time to time, whether a household that is on the list is still eligible for special needs housing.  O. Reg. 367/11, s. 75 (1). (2) The special needs housing administrator shall ensure that the households that were on the special needs waiting list for a housing project maintained under the former Act immediately before the coming into force of this section are on the initial waiting list for that project required under this section.  O. Reg. 367/11, s. 75 (2).
System requirements — selection of households for special needs housing
 76. (1) A special needs housing administrator’s system for selecting households must include rules that provide for the following in relation to the selection of a household for a vacant unit in a housing project: 1. The household shall be selected from the waiting list for the project required under section 75. 2. If the housing provider provides provincially funded support services in respect of the unit, the housing provider must select a household that requires those services. 3. If the unit has accessibility modifications, the housing provider must select a household that requires those modifications. 4. If the housing provider provides provincially funded support services in respect of the unit and the unit has accessibility modifications, the housing provider must select a household that requires both those services and those modifications. 5. A selection under paragraph 2, 3 or 4 shall be made, in accordance with the administrator’s determination of priority under section 63 of the Act, from among the relevant households. 6. For the purposes of paragraph 5, the selection of a household in accordance with the administrator’s determination of priority under section 63 of the Act shall be made using one of the following methods, as determined under the administrator’s system for selecting households: i. by selecting the highest priority household from among the relevant households, or ii. after information about the vacancy has been made available to the relevant households, by selecting the highest priority household from among the relevant households that express interest within the specified time period. 7. If the method under subparagraph 6 i is used, a household with a lower priority may be selected if every other relevant household with a higher priority has been given an offer but has not accepted within a reasonable time. 8. If the method under subparagraph 6 ii is used, a household with a lower priority may be selected if every other relevant household with a higher priority that expressed interest within the specified time period has been given an offer but has not accepted within a reasonable time.  O. Reg. 367/11, s. 76 (1); O. Reg. 101/14, s. 1. (2) In subsection (1), “relevant household” means, in relation to a vacant unit, a household that is on the waiting list for the project required under section 75 and that can be selected under paragraph 2, 3 or 4 of subsection (1).  O. Reg. 367/11, s. 76 (2).
Special Needs Housing — Priority Rules
nan
Provincial priority rules, s. 63 (2) of the Act
 78. The following is prescribed, for the purposes of subsection 63 (2) of the Act, as a provincial priority rule: 1. A household in the special priority household category has priority over a household that is not in the special priority household category.  O. Reg. 367/11, s. 78.
Special priority household category, s. 63 (2) of the Act
 79. (1) The rules in sections 54 to 58.1 are prescribed, for the purposes of subsection 63 (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. 79 (1); O. Reg. 437/17, s. 21 (1). (2) For the purposes of subsection (1), sections 54 to 58.1 apply with the following modifications: 1. References to the service manager are deemed to be references to the special needs housing administrator. 2. References to rent-geared-to-income assistance are deemed to be references to special needs housing.  O. Reg. 367/11, s. 79 (2); O. Reg. 437/17, s. 21 (2). Special Needs Housing — Miscellaneous
Special Needs Housing — Miscellaneous
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Review of continued eligibility, timing of reviews, s. 65 (1) of the Act
 80. (1) For the purposes of subsection 65 (1) of the Act, (a) the periodic basis referred to in that subsection is once in every 12-month period after the household began to occupy special needs housing; and (b) the other times referred to in that subsection are such other times as the special needs housing administrator considers appropriate.  O. Reg. 367/11, s. 80 (1). (2) Revoked: O. Reg. 437/17, s. 22.
Review of continued eligibility, requirements, par. 2 of s. 65 (3) of the Act
 81. The following are prescribed, for the purposes of paragraph 2 of subsection 65 (3) of the Act, as requirements for how a special needs housing administrator’s determination under subsection 65 (1) of the Act shall be made: 1. The administrator shall not require a person to provide information or documents if the administrator is satisfied that the person is unable to do so. 2. The administrator shall not require a person to provide information or documents if the administrator is satisfied that the information and documents previously provided are adequate to determine that the household continues to be eligible for special needs housing. 3. The administrator shall not require information or documents with respect to a household that was in the special priority household category when the household began to occupy special needs housing if, i. the request for inclusion in the special priority household category related to the abuse, other than trafficking, of a member of the household, and ii. a member of the household 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 administrator shall not require information or documents with respect to a household that was in the special priority household category when the household began to occupy special needs housing if, i. the request for inclusion in the special priority household category related to the trafficking of a member of the household, and ii. a member of the household 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. 81; O. Reg. 437/17, s. 23.
Notice of certain decisions, requirements, s. 66 (1) of the Act
 82. (1) The requirements in this section apply with respect to a notice under subsection 66 (1) of the Act.  O. Reg. 367/11, s. 82 (1). (2) The notice of a decision shall be given within seven business days after the decision is made or within such other time period after the decision is made as the special needs housing administrator may establish.  O. Reg. 367/11, s. 82 (2). (3) The notice of a decision must include the following: 1. A statement of the date of the decision. 2. If a review of the decision may be requested under section 156 of the Act, i. a statement that a member of the household may request a review, ii. information about how to request a review and what the deadline is for doing so, and iii. a statement of the reasons for the decision. 3. If a review of the decision may not be requested under section 156 of the Act, a statement that a review may not be requested.  O. Reg. 367/11, s. 82 (3). (4) If a decision relates to an application that included a request for inclusion in the special priority household category, the notice of the decision shall be given to the member of the household who made the request but not to any other member of the household.  O. Reg. 367/11, s. 82 (4). (5) If, after making reasonable efforts to contact the member referred to in subsection (4), the special needs housing administrator is unable to contact the member and the member has  authorized the administrator to contact an identified individual under subsection 56.1 (1), the administrator, (a) shall make reasonable efforts to contact the individual; (b) shall request only that the individual advise the member to contact the administrator; and (c) shall not provide to the individual any other information regarding the circumstances. O. Reg. 437/17, s. 24.
Information, etc., available to public, requirements, s. 67 (1) of the Act
 83. The information, documents and anything else that a special needs housing administrator must make available to the public under subsection 67 (1) of the Act shall be made available, (a) by allowing members of the public, during normal business hours, to inspect and copy them at their own expense; and (b) if the administrator is the service manager, by posting them on the Internet.  O. Reg. 367/11, s. 83.
Information, etc., made available by service manager, s. 67 (3) of the Act
 84. (1) The information, documents and anything else that a special needs housing administrator must make available to the public under subsection 67 (1) of the Act, including the information and documents prescribed for the purposes of paragraph 6 of subsection 67 (1) of the Act, are prescribed, for the purposes of subsection 67 (3) of the Act, as information and documents the service manager must make available to the public.  O. Reg. 367/11, s. 84 (1). (2) The information, documents and anything else that a service manager must make available to the public under subsection 67 (3) of the Act shall be made available, (a) by allowing members of the public, during normal business hours, to inspect and copy them at their own expense; and (b) by posting them on the Internet.  O. Reg. 367/11, s. 84 (2).
Information, etc., made available by housing provider, s. 67 (4) of the Act
 85. (1) The information, documents and anything else that a special needs housing administrator must make available to the public under subsection 67 (1) of the Act, including the information and documents prescribed for the purposes of paragraph 6 of subsection 67 (1) of the Act, are prescribed, for the purposes of subsection 67 (4) of the Act, as information and documents the housing provider must make available to the public.  O. Reg. 367/11, s. 85 (1). (2) The information, documents and anything else that a housing provider must make available to the public under subsection 67 (4) of the Act shall be made available by allowing members of the public, during normal business hours, to inspect and copy them at their own expense.  O. Reg. 367/11, s. 85 (2). (3) Despite subsection (1), the only information described in paragraph 3 of subsection 67 (1) of the Act that a housing provider is required to make available to the public is information about the housing projects operated by the housing provider.  O. Reg. 367/11, s. 85 (3). (4) Subsection 67 (4) of the Act does not apply to a housing provider that is the special needs housing administrator.  O. Reg. 367/11, s. 85 (4). Transition
Transition, Part VI
 85.1 (1) Subject to subsection (2), a service manager or a special needs housing administrator may choose any date that is no later than April 1, 2018 as the changeover date on and after which it will be governed by this Part, as it reads on or after the changeover date. O. Reg. 437/17, s. 25. (2) A service manager or administrator who has not chosen a changeover date under subsection (1) by March 31, 2018 is deemed to have chosen April 1, 2018 as the changeover date. O. Reg. 437/17, s. 25. (3) With respect to requests for inclusion in the special priority household category made before the changeover date, but not finally determined by that date, the service manager or administrator shall decide, (a) the extent to which and how this Part, as it reads immediately before the day Ontario Regulation 437/17 comes into force, applies to those requests; and (b) the extent to which and how this Part, as it reads on or after the changeover date, applies to those requests. O. Reg. 437/17, s. 25.
Same, information made available to public
 85.2 (1) For the purposes of paragraph 8 of subsection 54 (1) of the Act, the following information is prescribed as information the service manager shall make available to the public: 1. The changeover date. 2. The decisions referred to in clauses 85.1 (3) (a) and (b). O. Reg. 437/17, s. 25. (2) For the purposes of paragraph 6 of subsection 67 (1) of the Act, the following information is prescribed as information the special needs housing administrator shall make available to the public: 1. The changeover date. 2. The decisions referred to in clauses 85.1 (3) (a) and (b). O. Reg. 437/17, s. 25. (3) The provisions of this Regulation related to making information available to the public do not apply with respect to information made available to the public under this section. O. Reg. 437/17, s. 25. Part VII   General Rules for Transferred Housing Programs and Projects — Part VI of the Act
PART VII GENERAL RULES FOR TRANSFERRED HOUSING PROGRAMS AND PROJECTS — PART VI OF THE ACT
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Rules and criteria for programs and projects, s. 68 (2) (a) of the Act
 86. (1) For the purposes of clause 68 (2) (a) of the Act, the rules and criteria set out in Schedule 5 are prescribed for the corresponding housing programs described in that Schedule.  O. Reg. 367/11, s. 86 (1). (2) In Schedule 5, “aboriginal household” means a household consisting of, (a) a person who is First Nations, Métis or Inuit, or (b) two or more persons at least half of whom are First Nations, Métis or Inuit; (“ménage autochtone”) “applicable household income limit” means the household income limit prescribed under Ontario Regulation 370/11 (High Need Households and Household Income Limits — Subsection 40 (4) of the Act) made under the Act; (“seuil de revenu des ménages applicable”) “non-profit housing project” means a housing project owned or leased by a non-profit corporation, including a non-profit housing co-operative or by a local housing corporation; (“ensemble domiciliaire sans but lucratif”) “publicly owned” means, (a) owned by a corporation that has power to acquire and develop land for a housing project or to construct or acquire and operate a housing project and that is wholly owned by, (i) the government of Ontario or an agency of the government of Ontario, (ii) one or more municipalities or one or more district social services administration boards, or (iii) the government of Ontario or an agency of the government of Ontario and one or more municipalities or district social services administration boards, or (b) owned by a municipality, district social services administration board or local housing corporation. (“de propriété publique”)  O. Reg. 367/11, s. 86 (2). (3) Revoked: O. Reg. 317/19, s. 6.