QR&O: Volume IV - Appendix 4.1 Regulations Respecting Charges for Residential Housing Units
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Amendment List:
- 1 December 2024 - repealed: Appendix 4.1 Charges for Family Housing Regulations
History:
Approved by T.B. 841501 of 20 June 2024, effective 1 December, 2024
REGULATIONS RESPECTING CHARGES FOR RESIDENTIAL HOUSING UNITS
Definitions
The following definitions apply in these Regulations.
base shelter value means the monthly market value for occupancy of a residential housing unit, including the monthly market value of covered residential parking allocated to the unit, as determined in accordance with guidance provided by the Treasury Board. (valeur de base du logement)
household means the occupant and any person who occupies the residential housing unit with the occupant. (ménage)
monthly gross household income means the total gross monthly income of the household, excluding any income
(a) of a child
(i) who is under the age of 18 years and who is unmarried or who has not been cohabiting with an individual in a conjugal relationship for a period of at least one year,
(ii) who is dependent by reason of mental or physical incapacity, or
(iii) who is under the age of 24 years and is in full-time attendance at a recognized educational institution;
(b) from scholarships; and
(c) from the occupant’s spouse or common-law partner if the income of the spouse or common law partner is less than the amount that can be claimed as the spouse or common-law partner amount in the federal income tax return of the occupant for the current year. (revenu brut mensuel du ménage)
occupant means an officer or non-commissioned member who occupies a residential housing unit. (occupant)
utilities means, in relation to a residential housing unit, fuel, electricity, water and sewer services. (services publics)
Isolated Posts and Government Housing Directive
The Minister is guided by the Isolated Posts and Government Housing Directive in the application of these Regulations.
Charge for occupancy
(1) The monthly charge for occupancy includes the following charges:
(a) the charge equal to the base shelter value;
(b) when the Minister so decides, the charge equal to the cost of utilities, calculated in accordance with a formula prescribed by the Minister and as determined in accordance with guidance provided by the Treasury Board;
(c) in the case where an occupant pays for utilities in accordance with subsection 8(1), the charge equal to the cost of the utilities that the occupant has failed to pay to the utilities suppliers and that the Minister must pay in order to avoid damages to the residential housing unit or to fill a fuel tank; and
(d) the charge equal to the monthly market value of any additional covered residential parking, as determined in accordance with guidance provided by the Treasury Board.
Reduction of charge for occupancy — maximum size norm
(2) If an occupant occupies a residential housing unit that exceeds the maximum size norm established by the Minister, the charge referred to in paragraph (1)(a) — calculated without taking into account the monthly market value of covered residential parking allocated to the unit— is reduced by an amount equal to the percentage by which the size of the residential housing unit exceeds the maximum size norm.
Reduction limit
(3) The reduction must not reduce the charge referred to in paragraph (1)(a) to an amount below that of the residential housing unit situated at the same location that does not exceed the size norm referred to in subsection (2) and that has the highest base shelter value.
Adjustment of cost of utilities — maximum size norm
(4) In addition to the reduction, the charge equal to the cost of utilities referred to in paragraph (1)(b) must be adjusted to correspond with the size norm referred to in subsection (2) rather than the size of the residential housing unit.
Reduction or waiver of charge for occupancy — habitability
(1) If a maintenance problem that affects the habitability of a residential housing unit is not corrected within 30 days after the date on which it is reported to the Minister, the Minister may reduce or waive the charge equal to the base shelter value until the problem is resolved.
Reduction of charge for occupancy — loss of privacy and quiet enjoyment
(2) If the occupant or another member of their household suffers a loss of privacy and quiet enjoyment in the residential housing unit, the Minister may reduce the charge equal to the base shelter value by not more than 50%.
Maximum charge for occupancy
(1) If the charge equal to the base shelter value less any applicable reductions referred to in subsections 3(2), and 4(1) and (2) exceeds 25% of the monthly gross household income, the Minister may, in accordance with the directives established by the Minister, and on application of the occupant, reduce the charge to not more than that percentage.
Reduction limit
(2) The Minister may limit the reduction to the charge in accordance with the directives established by the Minister.
Annual review and adjustment
(1) Each year, on a date to be fixed by the Minister, the Minister must review the charge equal to the base shelter value and the cost of any applicable utilities in respect of a residential housing unit and if necessary, adjust the charge in accordance with the results of the review.
Notice
(2) The Minister must provide the occupant with the results of the annual review and three months written notice of any adjustment to the charge.
Other adjustments
(3) The Minister may, over the course of the same year, for reasons other than the annual adjustment referred to in subsection (1), increase or decrease the charge equal to the base shelter value and must provide three month’s written notice of any increase to the occupant.
Limit of the total of increases
(4) The total of any increases that occur as a result of the base shelter value adjustments referred to in subsections (1) and (3) must not exceed the limit set out in the Isolated Posts and Government Housing Directive.
Adjustment for change of occupants
If there is a change of occupants, the Minister may adjust the charge equal to the base shelter value in respect of a residential housing unit.
Payment of utilities
(1) Unless the Minister decides otherwise, the occupant must pay the utilities suppliers directly for the costs of utilities individually metered and billed.
Reimbursement
(2) In the case where an occupant pays for utilities directly in accordance with subsection (1) and is entitled to a reduction in the monthly charge for occupancy under subsection 3(2), a reimbursement is granted for the costs of fuel and electricity required to heat the residential housing unit in an amount equal to the difference between the amount paid under subsection (1) and the amount corresponding to the charge referred to in subsection 3(4) and adjusted in accordance with that subsection.
(T) (T.B. 841501 of 1 December 2024)
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