Saskatchewan Housing Corporation Regulations, S-24 Reg 8

1 SASKATCHEWAN HOUSING CORPORATION S-24 REG 8 The Saskatchewan Housing Corporation Regulations being Chapter S-24 Reg 8 (effective July 9, 2003). NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation. 2 S-24 REG 8 SASKATCHEWAN HOUSING CORPORATION Table of Contents PART I 10 Reconsideration by corporation Title and Interpretation 11 Recovery of overpayment 1 Title 12 Immunity re inspections 2 Interpretation PART IV PART II Repeal, Transitional and Assistance Coming into Force 3 Co-operative housing – prescribed 13 R.R.S. c.S-24 Reg 1 repealed circumstances 14 R.R.S. c.S-24 Reg 2 repealed 4 Repair and rehabilitation of housing – 15 R.R.S. c.S-24 Reg 3 repealed prescribed circumstances 16 R.R.S. c.S-24 Reg 4 repealed PART III 17 R.R.S. c.S-24 Reg 5 repealed Eligibility for Assistance 18 R.R.S. c.S-24 Reg 6 repealed 5 Eligibility information 19 R.R.S. c.S-24 Reg 7 repealed 6 Income review 20 Transitional 7 Power to inspect residence 21 Coming into force 8 Change in circumstances 9 False or misleading statements 3 SASKATCHEWAN HOUSING CORPORATION S-24 REG 8 CHAPTER S-24 REG 8 The Saskatchewan Housing Corporation Act PART I Title and Interpretation Title 1 These regulations may be cited as The Saskatchewan Housing Corporation Regulations. Interpretation 2 In these regulations: (a) “Act” means The Saskatchewan Housing Corporation Act; (b) “applicant” means an individual who is applying for or receiving assistance; (c) “assistance” means any housing-related assistance made by the corporation pursuant to the Act and these regulations. 25 Jly 2003 cS-24 Reg 8 s2. PART II Assistance Co-operative housing – prescribed circumstances 3(1) The corporation may engage in any activity mentioned in subsection 20(1) of the Act if: (a) any study or research conducted by the corporation, or by any organization or individual recognized by the corporation as being qualified to conduct the study or research, indicates a need for co-operative housing in any area of Saskatchewan; (b) the corporation has sufficient resources to undertake the activity; and (c) the corporation complies with any direction of Treasury Board respecting the activity. (2) Treasury Board’s directions pursuant to clause (1)(c) may be general or specific in nature. 25 Jly 2003 cS-24 Reg 8 s3. 4 S-24 REG 8 SASKATCHEWAN HOUSING CORPORATION Repair and rehabilitation of housing – prescribed circumstances 4(1) The corporation may engage in any activity mentioned in subsection 21(1) of the Act if: (a) any study or research conducted by the corporation, or by any organization or individual recognized by the corporation as being qualified to conduct the study or research, indicates a need to improve existing housing in any area of Saskatchewan; (b) the corporation has sufficient resources to undertake the activity; and (c) the corporation complies with any direction of Treasury Board respecting the activity. (2) Treasury Board’s directions pursuant to clause (1)(c) may be general or specific in nature. 25 Jly 2003 cS-24 Reg 8 s4. PART III Eligibility for Assistance Eligibility information 5 To determine an applicant’s eligibility for assistance, the corporation may require the applicant to: (a) complete an application for assistance in any form acceptable to the corporation; (b) provide any releases for information that the corporation may require; and (c) provide any other information that the corporation may reasonably require. 25 Jly 2003 cS-24 Reg 8 s5. Income review 6 Every applicant who receives assistance may be subject to an income review, from time to time, by the corporation to determine: (a) the applicant’s continued eligibility for assistance; and (b) the amount of assistance for which the applicant is eligible. 25 Jly 2003 cS-24 Reg 8 s6. 5 SASKATCHEWAN HOUSING CORPORATION S-24 REG 8 Power to inspect residence 7(1) If the corporation considers it necessary or desirable for the purposes of determining an applicant’s eligibility, or continued eligibility, for assistance, the corporation may, at any reasonable time, inspect a residence for which an applicant has applied for or receives assistance: (a) to view the state of repair of that residence; or (b) to monitor the progress of any proposed repairs or improvements to that residence. (2) If an inspection carried out pursuant to subsection (1) discloses any deficiency that, in the opinion of the corporation, needs to be remedied, the corporation shall provide written notice to the applicant to remedy the deficiency within the period specified in the notice. (3) If an applicant fails to remedy a deficiency as required by a notice mentioned in subsection (2), the corporation may: (a) vary the amount of, suspend or cancel the applicant’s assistance; and (b) declare any amount paid to the applicant by the corporation to be an overpayment. 25 Jly 2003 cS-24 Reg 8 s7. Change in circumstances 8(1) Every applicant who is receiving assistance must immediately notify the corporation of any change in circumstances that might affect: (a) the applicant’s continued eligibility for assistance; or (b) the amount of the applicant’s assistance. (2) After receiving information that there has been a change in circumstances relating to an applicant who is receiving assistance, the corporation may vary the amount of, suspend or cancel the applicant’s assistance. (3) If an applicant fails to comply with subsection (1), the corporation may: (a) vary the amount of, suspend or cancel the applicant’s assistance; and (b) declare any amount paid to the applicant by the corporation after the date of the change in circumstances to be an overpayment. 25 Jly 2003 cS-24 Reg 8 s8. 6 S-24 REG 8 SASKATCHEWAN HOUSING CORPORATION False or misleading statements 9 If an applicant has made a false or misleading statement with respect to any matter that the corporation considers material on any form or in providing any information or document to the corporation pursuant to these regulations, the corporation may: (a) vary the amount of, suspend or cancel the applicant’s assistance; and (b) declare any amount paid to the applicant by the corporation to be an overpayment. 25 Jly 2003 cS-24 Reg 8 s9. Reconsideration by corporation 10(1) Within 30 days after the corporation varies the amount of, suspends or cancels an applicant’s assistance pursuant to section 7, 8 or 9, the applicant may request, in writing, that the corporation reconsider its determination. (2) On receipt of a request in writing from an applicant pursuant to subsection (1), the corporation shall reconsider its determination and may confirm, reverse or vary that determination. 25 Jly 2003 cS-24 Reg 8 s10. Recovery of overpayment 11(1) In this section, “overpayment” means: (a) any amount that the corporation has declared pursuant to clause 7(3)(b), 8(3)(b) or 9(b) to be an overpayment; or (b) any overpayment that an applicant has received for any reason from the corporation. (2) An overpayment is a debt due to the Crown in right of Saskatchewan and may be recovered: (a) by deducting that amount from future payments of assistance for which the applicant is eligible pursuant to the Act or these regulations; (b) by any manner authorized by The Financial Administration Act, 1993; or (c) by any other manner authorized by law. 25 Jly 2003 cS-24 Reg 8 s11. 7 SASKATCHEWAN HOUSING CORPORATION S-24 REG 8 Immunity re inspections 12 Neither the Crown in right of Saskatchewan, the minister, the corporation, nor any officer or employee of the corporation is liable to an applicant for: (a) any defect in an inspection carried out pursuant to section 7; (b) any failure to carry out an inspection pursuant to section 7; or (c) any departure from: (i) the corporation’s building standards; (ii) any building plans approved by the corporation; or (iii) any specifications or modifications set out in an application for assistance and approved by the corporation. 25 Jly 2003 cS-24 Reg 8 s12. PART IV Repeal, Transitional and Coming into Force R.R.S. c.S-24 Reg 1 repealed 13 The Residential Rehabilitation Regulations are repealed. 25 Jly 2003 cS-24 Reg 8 s13. R.R.S. c.S-24 Reg 2 repealed 14 The Home Improvement Program Regulations are repealed. 25 Jly 2003 cS-24 Reg 8 s14. R.R.S. c.S-24 Reg 3 repealed 15 The Home Modification for the Disabled Program Regulations are repealed. 25 Jly 2003 cS-24 Reg 8 s15. R.R.S. c.S-24 Reg 4 repealed 16 The Rural Housing Program Regulations are repealed. 25 Jly 2003 cS-24 Reg 8 s16. R.R.S. c.S-24 Reg 5 repealed 17 The Public and Non-profit Housing Program Regulations are repealed. 25 Jly 2003 cS-24 Reg 8 s17. 8 S-24 REG 8 SASKATCHEWAN HOUSING CORPORATION R.R.S. c.S-24 Reg 6 repealed 18 The Rent Supplement Program Regulations are repealed. 25 Jly 2003 cS-24 Reg 8 s18. R.R.S. c.S-24 Reg 7 repealed 19 The Home Adaptations for Seniors’ Independence Program Regulations are repealed. 25 Jly 2003 cS-24 Reg 8 s19. Transitional 20 Notwithstanding any other Act or law, if, on the day before the coming into force of these regulations, an individual is receiving housing assistance from the corporation pursuant to an agreement with the corporation: (a) that individual shall continue to receive assistance from the corporation subject to and in accordance with that agreement and these regulations; and (b) if there is any conflict between a provision of the agreement and these regulations, the agreement prevails. 25 Jly 2003 cS-24 Reg 8 s20. Coming into force 21 These regulations come into force on the day on which they are filed with the Registrar of Regulations. 25 Jly 2003 cS-24 Reg 8 s21. REGINA, SASKATCHEWAN Printed by the authority of THE QUEEN’S PRINTER Copyright©2003