O. Reg. 557/05: HOUSING PROJECTS SUBJECT TO PART VI OF THE ACT


Published: 2005-11-04

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ontario regulation 557/05

made under the

Social Housing Reform Act, 2000

Made: November 3, 2005
Filed: November 4, 2005
Printed in The Ontario Gazette: November 19, 2005


Amending O. Reg. 339/01

(Housing Projects Subject to Part VI of the Act)

1. Clause (a) of the definition of “rent” in subsection 2 (1) of Ontario Regulation 339/01 is revoked and the following substituted:

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

2. Paragraph 5 of subsection 11 (2) of the Regulation is revoked and the following substituted:

5. That the housing provider notify the service manager when a household that has been placed on the waiting list for internal transfers under paragraph 2 has refused an offer of a unit.

3. Section 12.1 of the Regulation is revoked and the following substituted:

Duty to provide information

12.1 It is the duty of a service manager, supportive housing provider or lead agency to provide to a household applying for special needs housing a copy of the information described in paragraphs 4, 4.1, 5, 6, 8, 9, 9.1, 9.2, 10, 18, 19 and  20 of subsection 60 (1) of Ontario Regulation 298/01 (Rent-Geared-to-Income and Special Needs Housing) made under the Act.

4. Paragraphs 1 and 2 of subsection 14 (3) of the Regulation are revoked and the following substituted:

1. The housing provider shall offer the unit to households on the housing provider’s waiting list for internal transfers as referred to in paragraphs 1.1 and 2 of subsection 11 (2) of this Regulation that are eligible for the unit under Part V of Ontario Regulation 298/01 (Rent-Geared-to-Income and Special Needs Housing) made under the Act, starting with the highest ranked household and continuing in the order in which the households are ranked on that list until an offer is accepted.

2. If no household on the housing provider’s waiting list for internal transfers as referred to in paragraphs 1.1 and 2 of subsection 11 (2) is eligible for the unit or accepts the unit, the housing provider shall offer the unit, in each case starting with the highest ranked household on the list,

i. to a household on the waiting list for internal transfers, or

ii. to a household on the centralized waiting list.

5. Section 14.1 of the Regulation is revoked and the following substituted:

Households referred to in s. 35.1 of O. Reg. 298/01

14.1 The housing provider shall select as a rent-geared-to-income unit the unit occupied by the highest ranked household on the subsidiary waiting list for the housing project that is a household referred to in section 35.1 of Ontario Regulation 298/01 (Rent-Geared-to-Income and Special Needs Housing) made under the Act, if the following circumstances apply:

1. The number of households in the project that are receiving rent-geared-to-income assistance is less than the minimum number of rent-geared-to-income units specified in the targeting plan for the project.

2. The service manager agrees to the selection.

6. (1) Section 18 of the Regulation is amended by adding the following subsection:

(3.1) In the case of a non-profit housing co-operative, if there is a committee of the board of directors of the co-operative responsible for membership selection, the members of the committee shall be deemed to be the individuals who participated in the decision to refuse to offer a unit.

(2) Paragraph 1 of subsection 18 (4) of the Regulation is revoked and the following substituted:

1. The notice must be in writing and given to the household not more than 10 days after the housing provider offers the unit to another household, or within such longer time frame as may be determined by the housing provider.

7. (1) Paragraph 1 of subsection 20 (2) of the Regulation is revoked and the following substituted:

1. An internal review must be carried out if a written request for the review from the household is given to the housing provider within 10 business days after the housing provider gives a notice of refusal to the household under section 18 or within such longer time frame as may be determined by the housing provider.

(2) Paragraphs 4 and 5 of subsection 20 (2) of the Regulation are revoked and the following substituted:

4. The internal review must be completed within 10 business days after the request for the review is received by the housing provider or within such longer time frame as may be determined by the housing provider.

5. The housing provider shall give written notice of the result of the internal review to the household within five business days after the review is completed or within such longer time frame as may be determined by the housing provider.

8. Subparagraph 5 ii of subsection 21 (1) of the Regulation is revoked and the following substituted:

ii. who is a member of the household and at least 16 years of age, if the service manager so requires.

9. Paragraph 3 of subsection 22 (3) of the Regulation is revoked and the following substituted:

3. The annual amount for the sector support levy.

4. Any reasonable charges established by the members of a co-operative in a by-law for the enforcement of co-operative policies and by-laws.

Made by:
Pris par :

Le ministre des Affaires municipales et du Logement,

John Philip Gerretsen

Minister of Municipal Affairs and Housing

Date made: November 3, 2005.
Pris le : 3 novembre 2005.

 

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