SH notification

social housing

Amendment to Ontario Regulation 367/11 under the Housing Services Act, 2011 that allows housing providers to refuse to offer a unit to a household-based on a previous eviction for serious illegal activity.

September 23, 2019

Release: 19-09

This notification provides an overview of amendments to Ontario Regulation 367/11 under the Housing Services Act, 2011 (HSA) related to community safety.

Ontario Regulation 367/11 sets out rules for filling vacant rent-geared-to-income units and special needs housing units. In general, the housing provider must offer the unit to the highest priority househoid. For housing projects under Program 1(a) or (b) (public housing) or Program 6(a) or (b) (provincial reformed), a housing provider may refuse to offer a unit to a household only in certain limited circumstances.

Effective September 23, 2019, s. 50 and s. 77 were amended to set out an additional ground upon which a housing provider may refuse to offer a unit to a household. A provider may refuse to offer a unit to a household if a member of the household was previously evicted from an HSA-governed housing project (a "designated housing project”) through an order of the Landlord and Tenant Board based on an illegal act (commonly referred to as an "N6”).

In order to refuse a household, the housing provider must also have reasonable grounds to believe the household would pose a risk to the safety of one or more other people at the housing project (e.g. other residents, staff).

In addition, this ground of refusal is oniy availabte where the past eviction order was based on certain types of serious illegal activity (outlined further below). It applies only if the eviction order was issued within the past five years. It does not apply if the eviction order has been overturned by a final decision on an appeal.