Subject: Amendments to O. Reg. 298/01
 Legislation/Regulation Release 04-04
 Operational
|
A new regulation (O. Reg. 220/04) amending Ontario Regulation 298/01 was filed on August 12, 2004.
Consultation with service managers and other stakeholder organizations led to a number of proposed changes that had widespread support across stakeholder groups. These changes have now been implemented and include:
- Allowing greater flexibility for service managers to deal with ineligibility;
- Expanding residency requirements to more closely reflect Ontario Work eligibility rules;
- Adding specific items to list of exclusions from income when determining geared-to-income rent payable;
- Amending setting of interest rates for imputed rate of return to once annually; and
- Removing the requirement that pursuit of income provisions apply to applicants.
Other changes have been made for clarity and consistency and to update legislative references.
Actual wording is available on e-laws, however, a brief summary of the changes and their intent follows. In the event of a conflict between this summary and the actual wording of the regulations, the actual wording prevails.
The Guide to Rent-Geared-To-Income Assistance will be revised as needed to address the changes and copies highlighting the changes will be sent to service managers in the near future.
Summary of Changes
Sections 5, 6, 10, 11, 20, 21and 52 of O. Reg. 298/01 have been amended to include a new subsection to allow a service manager to extend, one or more times, the period within which a household must provide an updated document or information, and it can be done either before or after the original time period expired.
The intent is to give service managers the flexibility to extend original time periods so they are not automatically required to determine a household ineligible where there is a late filing. It applies to applications, annual eligibility reviews and income reviews for tenants and applicants on both the centralized and special needs waiting lists.
Section 6 has also been amended to ensure that if an applicant for special needs housing is also applying for special priority, and the member making the request believes that he or she will be at risk of further abuse if he or she attempts to obtain information or a document for the application, the service manager shall not require them to provide that material.
This change mirrors a provision in Section 5 for special priority applicants on the centralized waiting list.
In Section 7, an amendment to the criteria permits eligibility where the member has made an application for status as a permanent resident under the Immigration and Refugee Protection Act (Canada), rather than limiting eligibility to those who have received permanent status.
Other changes reflect the new wording in the Immigration and Refugee Protection Act (Canada) for removal orders to replace deportation, departure or exclusion orders.
In Section 7, provisions for pursuit of income have been removed and placed in Section 12 and amended to refer to persons in receipt of geared-to-income assistance.
The purpose is to remove pursuit of income provisions from applying to applicants so that pursuit of income need not apply until households are in receipt of assistance.
Section 11 has been amended to state that notification of changes in documents or information by a household that is in housing or is on a waiting list for housing provided by an alternative housing provider with a mandate to house the homeless or hard to house would not apply if the alternative housing provider notifies the service manager that it is of the view that requiring the household to comply is inappropriate in the circumstances.
A similar provision is available in S. 5 dealing with the application process. This change establishes the same provision specifically during the review of eligibility.
Section 24 has been amended so that persons applying for special priority who are also applying for special needs housing will be placed on the special needs waiting list.
Section 50 has been amended to add three exclusions to income:
- an extended care and maintenance allowance for a former Crown ward received from a children’s aid society under subsection 71(2) of the Child and Family Services Act;
- a Special Allowance received from Veterans Affairs Canada under the Veterans Affairs Disability Pension Program; and
- a payment received as a result of a claim that relates to an aboriginal residential school and was made against the Government of Canada or a church or other religious organization.
Section 50 has been amended so that the interest rate used to calculate imputed income is based on the most recent November issue of Canada Savings Bonds - which is generally the first issue of each Canada Savings Bond season.
Section 50 has also been amended to add a calculation that has the effect of excluding the first $1,000 of a household’s non-interest bearing account(s) from rent calculations.
Section 52 is amended to provide the provision that households in alternative housing for the homeless and hard-to-house may not be required to provide information for income reviews if the provider is of the view it would not be appropriate. This provision is available in S. 5 and has been added to S. 11.
Appropriate changes have also been made to update references to legislation [Interjurisdictional Support Orders Act, 2002 and Immigration and Refugee Protection Act (Canada)].
For further information please contact Roy Sanger at 416-585-6405 or email to roy.sanger@mah.gov.on.ca or to Mary Fantauzzi at 416-585-6838 or email to mary.fantauzzi@mah.gov.on.ca.
Toni Farley
Director
Social Housing Branch
September 17, 2004