Q1. I am a housing provider and my information is incorrect in Ontario Regulation 368/11. What is the process for changing my information?

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1 QUESTIONS AND ANSWERS Q1. I am a housing provider and my information is incorrect in Ontario Regulation 368/11. What is the process for changing my information? A1. Housing providers are encouraged to work with their respective Service Manager to identify such things as information inaccuracies. Requests for changes to a housing providers information can be made to the Ministry by Service Managers. Q2. Did the Government remove any housing projects from Ontario Regulation 368/11? A2. No. Regulatory changes did not involve the removal of any housing projects from Ontario Regulation 368/11. Regulatory changes involved updating housing project information in Schedules 7, 26 and 46 of the Regulation such as addresses, contact information, or other minor details. Special Needs Housing Administrators: Q3. Which housing providers were removed as Special Needs Housing Administrators from Ontario Regulation 367/11? A3. Eight housing providers in Peel and York Region were removed from Schedule 3 in Ontario Regulation 367/11. Amendments are detailed below: Peel Region The following six housing providers were removed from Peel Region: 1. Chegoggin Co-operative Homes Inc. 2. Edenwood Seniors Village Inc. 3. Federation of Chinese Canadian Professionals Non-Profit Housing Corporation 4. Labourer s Local 183 Non Profit Homes Inc. 5. St. Luke s Dixie Senior Residence Corp. 6. Wawel Villa Inc. Peel Housing Corporation and Neelands Place Inc. have also been added to Schedule 3 as Special Needs Housing Administrators for this Region. York Region The following two housing providers were removed from York Region: 1. Prophetic Non-Profit Inc. 2. Schomberg Lions Club 1

2 Q4. I am a housing provider that no longer wishes to perform the duties of a Special Needs Housing Administrator or, no longer delivers special needs housing. What is the process for removing myself as a Special Needs Housing Administrator from Schedule 3 in Ontario Regulation 367/11? A4. Housing providers that no longer wish to perform the duties of a Special Needs Housing Administrator or, housing providers that no longer offer special needs housing can ask to be removed as the Special Needs Housing Administrator. Service Managers, with the agreement of housing providers, may request the Ministry for changes to the list of housing providers designated as Special Needs Housing Administrators. If a housing project continues to provide special needs housing but the housing provider no longer wishes to perform the duties of the Administrator, the Service Manager assumes the role of the Special Needs Housing Administrator. Q5. What changes occur when a housing provider is no longer a Special Needs Housing Administrator but continues to deliver special needs housing? A5. Providers that no longer wish to perform the duties of a Special Needs Administrator can asked to be removed as the Administrator. For projects that continue to provide special needs housing, the Service Manager assumes the role of Special Needs Housing Administrator. It is expected that Service Managers and housing providers will work closely to ensure a smooth transition in the event of a change in the Special Needs Housing Administrator. Review Body Decisions: Q6. Why did the government move forward with changes to review body decisions and what are the changes? A6. Under the HSA, Service Managers are required to establish an impartial review body to provide tenants with an opportunity to appeal Service Manager decisions on matters related to subsidy suspensions, eligibility, rent determination and type of accommodation. Prior to regulatory changes, the decision of the review body could only become effective on the date a decision was made, not when the original decision was made by the Service Manager. This created an unintended loophole whereby some tenants could potentially delay the effective date of certain decisions through appealing a decision. New regulatory changes allow a review body to set an earlier effective date to coincide with the effective date of the original decision by the Service Manager. Example: An RGI tenant receives notification from his Service Manager that he is no longer eligible for RGI effective February 1. The RGI tenant requests a review of the Service Manager decision. On March 15, the review body makes a decision to uphold 2

3 the Service Manager s decision. Under the proposed amendment, the review body can back-date their decision to February 1 as opposed to making it effective no sooner than March 15. Q7. As a rent-geared-to-income (RGI) tenant, how am I affected by the amendments that allow a review body to back date a decision? A7. As an RGI tenant, you are able to appeal a Service Manager s decisions with respect to your RGI eligibility. An impartial review body will deliberate your case and make a decision. If you request a review prior to July 1, 2014, a review body cannot make their decision effective prior to the date the decision was made. This means that the review body cannot back-date their decision to match the original effective date set by the Service Manager. If you request a review ON OR AFTER July 1, 2014, a review body can back-date their decision to match the original effective date set by the Service Manager. Easements: Q8. What are Ministerial Consents? How did Ministerial Consents change under the HSA and what prompted the new amendment to exclude easements from requiring Ministerial Consent? A8. Under the Social Housing Reform Act, 2000, Service Managers were required to obtain Ministerial Consent for a change to a housing project such as financing and mortgage arrangements, amalgamations of housing providers, transfer of land, redevelopment or additions to a project, and replacement of a housing provider s Board member(s). Through the HSA, the Province conferred authority for many Consent approvals on Service Managers, enabling Service Managers to be the decision-makers. The only exceptions are for the continued requirement for a Ministerial Consent to the proposed transfer of social housing projects and the decision by providers to opt out of the renamed Housing Services Corporation s programs for the bulk purchasing of utilities and insurance to ensure the sustainability of these value-added services to Service Managers. These new amendments clarify that only Service Manager Consent is required for easements. Tenant Selection System Rules for Special Needs Housing: Q9. Why were special needs housing wait list provisions amended? 3

4 A9. A key commitment of the Long-Term Affordable Housing Strategy was to improve the performance of the current waiting list system for social housing. This meant encouraging best practices among Service Managers in using the current flexibility of the waiting list system, and enabling greater tenant mobility across Service Manager area boundaries. Service Managers and housing providers requested changes to the special needs selection system rules so that it matches the RGI selection system rules. Regulatory changes have been made to ensure that special needs household tenant selection system rules are consistent with the RGI tenant selection system rules. Accessibility Changes to Ontario Regulations 367/11 and 298/01: Q10. What were the changes to Ontario Regulation 298/01? A10. The Ministry is committed to ensuring that its legislation and regulations are accessible to people with disabilities. As part of this ongoing commitment, the Ministry reformatted tables in Ontario Regulations 367/11 and 298/01 to ensure that they were accessible to people with disabilities and in particular, those with visual impairments. General: Q11. Why is the government only moving forward with minor technical amendments at this time instead of addressing other stakeholder concerns such as amendments to rent-geared-to-income (RGI)? A11: Service Managers, housing providers and other stakeholders made a number of recommendations to the Ministry regarding ways the Act and its regulations could be enhanced. At this time, the Ministry chose to move forward with only those recommendations that would make the Act and its regulations more clear, accurate and consistent. The Ministry maintains a list of potential changes to the HSA and its regulations, as recommended by Service Managers, housing providers and stakeholders. It will continue to undertake policy work on these recommendations and engage with Service Managers, housing providers and stakeholders on how to better meet the housing needs of Ontarians. RGI Commitment: Through the Long-term Affordable Housing Strategy, the government made a commitment to adopt a simplified, annual income-tax based system for rent-geared-toincome calculations. 4

5 The Ministry, supported by Service Managers, have been working closely with the Ministry of Finance to analyze options for an income-tax-based rent-geared-to-income (RGI) calculation. We are grateful to all the Service Managers that shared some of their housing data in order to allow us to conduct our analysis. Despite significant investments of time and staff resources, it is apparent that moving to an annual income-tax-based RGI calculation would result in significant negative impacts on both tenants and Service Managers. The government remains committed to RGI changes, particularly those that will reduce the complexity of the system for both Service Managers and tenants. We are evaluating options on how to best move forward. Q12. Will regulatory changes result in cost implications to Service Managers? A12: No. Regulatory changes were housekeeping in nature, intended to clean up regulation to accurately reflect policy intent and/or ensure internal consistency. The only minor cost implication that Service Managers may incur is with respect to communicating these new regulatory changes to housing providers and/or tenants. 5