District Social Services Administration Boards

Housing Services Act, 2011, S.O. 2011, c. 6, Sched. 1

Reviews requested by households

156 A member of a household may, on behalf of the household, request a review of the following decisions:

1. A determination, under subsection 45 (1), that the household is not eligible for rent-geared-to-income assistance.

2. A determination, under subsection 46 (1), of the size and type of unit that would be permissible if the household received rent-geared-to-income assistance.

3. A determination, under subsection 48 (1), that the household is not included in a category given priority over other categories.

4. A determination, under subsection 50 (1), of the amount of rent payable by the household.

5. A determination, under subsection 52 (1), that the household is no longer eligible for rent-geared-to-income assistance.

6. A determination, under subsection 61 (1), that the household is not eligible for special needs housing.

7. A determination, under subsection 63 (1), that the household is not included in a category given priority over other categories.

8. A determination, under subsection 65 (1), that the household is no longer eligible for special needs housing.

9. A decision prescribed for the purposes of this paragraph.

Rules for reviews

158 The following rules apply to a review requested under section 156 or 157:

1. The review body may substitute its decision for the decision that was reviewed.

2. The review body shall give its decision in writing and shall give reasons in writing.

3. The review body shall give notice of its decision and reasons to,

i. the person who requested the review,

ii. the person who made the decision that was reviewed, and

iii. any housing provider that was given notice, under subsection 53 (2) or 66 (2), of the decision that was reviewed.

4. The Statutory Powers Procedure Act does not apply.

O. Reg. 367/11: GENERAL

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.

(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.

(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.

(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.

(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.

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.

(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.

(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.

(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.

(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.

Effective date of decisions, s. 159 of the Act

139. (1) For the purposes of section 159 of the Act, the date on which a decision is effective shall be determined in accordance with the following:

1. Subject to subparagraph 3 ii, a decision for which a review may be requested under section 156 or 157 of the Act is effective on the later of the day specified by the decision-maker and the day immediately after the last day for requesting a review.

2. Despite paragraph 1 or subparagraph 3 ii, the determination, under subsection 50 (1) of the Act, by a service manager of the amount of rent payable by a household when the household begins to receive rent-geared-to-income assistance for a unit is effective on the day specified by the service manager.

3. If a review is requested under section 156 or 157 of the Act on or after July 1, 2014,

i. the decision made by the review body is effective on the later of the day determined under paragraph 1 and the day specified by the review body, whether that day is before, on or after the day the review body made its decision, and

ii. the decision being reviewed is effective only if the review body provides for it to be effective and, if the review body so provides, the decision being reviewed is effective on the day the decision of the review body is effective.

(2) In the event of a conflict between this section and sections 10 and 11 of Ontario Regulation 316/19 (Determination of Geared-to-Income Rent under Section 50 of the Act) made under the Act, sections 10 and 11 of that Regulation prevail.

(3) If 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, in the event of a conflict between this section and sections 52 and 53 of Ontario Regulation 298/01, sections 52 and 53 of that Regulation prevail