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"Point in Time" Regulation Content

Shelter Aid for Elderly Renters Act

Shelter Aid for Elderly Renters Regulation

B.C. Reg. 298/77

NOTE: Links below go to reg content as it was prior to the changes made on the effective date. (PIT covers changes made from September 19, 2009 to present)
SECTIONEFFECTIVE DATE
Regulation April 1, 2015
Section 2 April 17, 2014
Section 2.1 April 17, 2014
Section 3 April 17, 2014
Section 4 April 17, 2014
Section 5 April 17, 2014
Section 6 April 17, 2014
Section 8 April 17, 2014
Section 9 April 17, 2014
Section 10 April 17, 2014
Section 11 April 17, 2014
Section 12 April 17, 2014
Section 13 April 17, 2014
Section 14 April 17, 2014

 Regulation BEFORE repealed by 2015-23-50(b), effective April 1, 2015.

B.C. Reg. 298/77
O.C. 2411/77
Filed July 25, 1977

Shelter Aid for Elderly Renters Act

Shelter Aid for Elderly Renters Regulation

[includes amendments up to B.C. Reg. 70/2014, April 17, 2014]

Short title

1   This regulation may be cited as the "SAFER Regulation".

Interpretation

2   (1) In this regulation:

"Act" means the Shelter Aid for Elderly Renters Act;

"adjusted income", in relation to a person, means the person's income less any exemptions that would be applicable to the person under section 5 (2) if that person were an eligible renter;

"adjusted rent", in relation to a person, means the amount that is the lesser of

(a) the person's rent, and

(b) the maximum rent that would apply to that person under section 6 if that person were an eligible renter;

"allowance" has the same meaning as in section 2 of the Old Age Security Act (Canada);

"benefit year", in relation to a person, means the 12 month period beginning on the first day of the person's month of birth;

"eligible renter" means a person who is determined to be eligible to receive shelter aid;

"guaranteed income supplement" has the same meaning as "supplement" in section 2 of the Old Age Security Act (Canada);

"income", in relation to a person, means

(a) the person's pension source income for the month of July that preceded the beginning of the person's most recent benefit year, plus

(b) the person's income from all sources during the calendar year that preceded the beginning of the person's most recent benefit year, minus the sum of the following, divided by 12:

(i) the person's pension source income for that calendar year;

(ii) shelter aid or any rent supplement payment received from the government or an agency of the government for that calendar year,

and, if the person has a spouse, means the combined income of that person and their spouse;

"individual" means a person who is not a spouse;

"maximum rent", for an eligible renter, means the maximum rent applicable to the eligible renter under section 6;

"old age security" has the same meaning as "pension" in section 2 of the Old Age Security Act (Canada);

"pension source income" means money received by a person from the following sources:

(a) old age security, guaranteed income supplement and allowance;

(b) Provincial senior's supplement;

"Provincial senior's supplement" means amounts paid under section 64 of the Employment and Assistance Regulation;

"rent", in relation to a person, subject to subsections (2), (3), (4) and (5), means money paid on a regular basis by the person for the right to possess living accommodation, calculated on a monthly basis, but does not include

(a) money paid by the person for meals, for housekeeping, laundry or emergency response services or for social or recreational opportunities,

(b) rent supplements received by the person from the government or an agency of the government, or

(c) a security deposit or pet damage deposit, both as defined in section 1 of the Residential Tenancy Act or a security deposit as defined in section 17 of the Manufactured Home Park Tenancy Act;

"spouse", in relation to a person, means

(a) a person to whom the person is married, or

(b) a person with whom the person resides in a marriage-like relationship,

but does not include a person described in paragraph (a) if the spouses are separated and living apart.

(2) If a person's living accommodation is a manufactured home and the person rents the manufactured home site on which the manufactured home is located but not that manufactured home, the manufactured home site is to be treated as if it were the person's living accommodation.

(3) If a person's living accommodation is a manufactured home and the person rents both the manufactured home and the site on which the manufactured home is located, the manufactured home and the manufactured home site are to be treated as the person's living accommodation.

(4) If 2 or more adults occupy the same living accommodation, the amount of rent paid for the living accommodation for an eligible renter is deemed to be

(a) for an individual eligible renter, the amount derived by equally apportioning the rent for the living accommodation among all the adult occupiers, and

(b) for an eligible renter who has a spouse, the amount calculated by multiplying by 2 the amount derived under paragraph (a) for the eligible renter.

(5) If the cost of heating a person's living accommodation is not paid by the landlord, the person's rent may be increased by up to $35 each month towards that cost or the eligible renter's share of that cost.

[en. B.C. Reg. 70/2014, s. 1.]

Repealed

2.1   Repealed. [B.C. Reg. 70/2014, s. 1.]

Applications

3   (1) Repealed. [B.C. Reg. 70/2014, s. 2 (a).]

(2) The eligibility committee may require an applicant for shelter aid or a trustee or other person administering the assets or income of the applicant to furnish documentary evidence or other verification of the facts set forth in the application for shelter aid in such detail as may be required for the purpose of the Act and this regulation.

[am. B.C. Regs. 191/89, s. 2; 70/2014, s. 2.]

Eligibility

4   (1) An applicant is eligible to receive shelter aid if the eligibility committee determines that

(a) the applicant

(i) is receiving or is entitled to receive old age security or a guaranteed income supplement, or

(ii) has reached 60 years of age and is a Canadian citizen or entitled under an enactment of Canada to take up permanent residence in Canada or has been determined under the Immigration and Refugee Protection Act (Canada) or the Immigration Act (Canada) to be a Convention refugee,

(b) if the applicant has a spouse, the spouse is a Canadian citizen or entitled under an enactment of Canada to take up permanent residence in Canada or has been determined under the Immigration and Refugee Protection Act (Canada) or the Immigration Act (Canada) to be a Convention refugee,

(c) the applicant occupies a residence,

(d) the applicant does not reside in

(i) a facility licensed under the Community Care and Assisted Living Act, or

(ii) an unlicensed facility if the rent is paid or subsidized under any program administered by the government,

(e) the applicant is not in receipt of a monthly support allowance or shelter allowance under

(i) Schedule A of the Employment and Assistance Regulation, or

(ii) Schedule A of the Employment and Assistance for Persons with Disabilities Regulation,

(f) the applicant or, if the applicant has a spouse, the applicant's spouse has resided in British Columbia for a period of not less than one continuous year immediately before the date of application, and

(g) the applicant's adjusted rent exceeds 30% of applicant's adjusted income.

(2) Despite subsection (1), if an applicant's spouse does not meet the requirement of subsection (1) (b), the applicant's eligibility and shelter aid are to be determined as if the applicant has no spouse and were sharing living accommodation with an adult other than a spouse.

[en. B.C. Reg. 70/2014, s. 3.]

Entitlement

5   (1) The shelter aid to which an eligible renter is entitled for a month is calculated as follows:

(a) for an eligible renter whose adjusted income is less than or equal to the base income, by multiplying the eligible renter's rent gap by 90%;

(b) for an eligible renter whose adjusted income is greater than the base income, by multiplying the eligible renter's rent gap by the percentage calculated using the following formula:

90 – (adjusted income – base income) x55
(maximum rent ÷ 0.3) – base income

(2) In calculating the income of an eligible renter, the following amounts are exempt:

(a) amounts received by the eligible renter as benefits from the Department of Veterans Affairs (Canada);

(b) up to $10.42 received by the eligible renter as Provincial senior's supplement.

(3) If the income of an eligible renter from employment or business sources is reduced prior to the beginning of or during a benefit year so that the income of the eligible renter from those sources during a benefit year is substantially reduced and causes hardship, the eligibility committee may, for the avoidance of hardship, recalculate the amount of shelter aid to which the eligible renter is entitled, on the basis of such reduced income.

(4) If a recalculation is made under subsection (3), the eligible renter is entitled to receive the recalculated amount of shelter aid from the month during which the reduction of employment or business source income was reported to the eligibility committee, but nothing in this subsection authorizes the payment of the recalculated amount of shelter aid for a retroactive period exceeding 30 days.

(5) If the shelter aid calculated under subsection (1) for an eligible renter is less than $25, the shelter aid to which the eligible renter is entitled is $25.

(6) In this section:

"base income", for a period from August 1 to July 31, is equal to the maximum amount of old age security plus the maximum amount of guaranteed income supplement payable to a person for the July immediately preceding that August 1 minus $10.42;

"rent gap", for an eligible renter, is equal to the lesser of

(a) the eligible renter's rent, and

(b) the eligible renter's maximum rent,

minus 30% of the eligible renter's income.

[am. B.C. Regs. 580/77; 191/89, s. 4; 70/2014, s. 4.]

Maximum rent

6   (1) Subject to subsection (2), the maximum rent that applies to an eligible renter for the purposes of the definition of "adjusted rent" in section 2 (1) is as follows:

(a) for an individual eligible renter who is living alone outside of the Greater Vancouver Regional District, $667;

(b) for an individual eligible renter who is living alone within the Greater Vancouver Regional District, $765;

(c) for an eligible renter who has a spouse and is living outside of the Greater Vancouver Regional District, $727;

(d) for an eligible renter who has a spouse and is living within the Greater Vancouver Regional District, $825;

(e) for an eligible renter who is sharing living accommodation with one or more adults outside of the Greater Vancouver Regional District,

(i) $1 066 divided by the number of adults living in the accommodation, and

(ii) if the eligible renter has a spouse, by multiplying by 2 the amount calculated under subparagraph (i) for that eligible renter;

(f) for an eligible renter who is sharing living accommodation with one or more adults within the Greater Vancouver Regional District,

(i) $1 066 divided by the number of adults living in the accommodation, and

(ii) if the eligible renter has a spouse, by multiplying by 2 the amount calculated under subparagraph (i) for that eligible renter.

(2) If an eligible renter is eligible under section 2 (5) for an amount towards the cost of heating the eligible renter's living accommodation, the maximum rent for the eligible renter is the amount applicable to that eligible renter under subsection (1) plus the amount for which that eligible renter is eligible under section 2 (5).

[en. B.C. Reg. 70/2014, s. 5.]

Repealed

7   Repealed. [B.C. Reg. 191/89, s. 6.]

Change in entitlement

8   (1) In this section and section 9 (1), "change in rental arrangement" includes a change in rental accommodation, or a change as to whether the rent is shared, subsidized or includes room and board.

(1.1) Every eligible renter in receipt of shelter aid must report in a manner determined by the eligibility committee all changes in rent, rental arrangement, income other than pension source income, marital status, family size and address to the eligibility committee not later than 30 days after the change occurs, and the eligibility committee must determine whether or not the change will alter the amount of shelter aid which the eligible renter is entitled to receive.

(2) If the eligibility committee determines that the amount of shelter aid to which an eligible renter is entitled should be altered by reason of a change in rent, rental arrangement, income, marital status or family size, the eligibility committee must recalculate the amount of shelter aid, and, subject to subsections (3) and (4), the eligible renter is entitled to receive only the altered amount.

(3) If, by reason of a recalculation under subsection (2), the amount of shelter aid that an eligible renter is entitled to receive is increased, the increase is effective for the month during which the change in rent, rental arrangement, income, marital status or family size occurred, but nothing in this subsection authorizes the payment of shelter aid for a retroactive period exceeding 30 days prior to the date the change in rent, rental arrangement, income, marital status or family size was reported to the eligibility committee.

(4) If, by reason of a recalculation under subsection (2), the amount of shelter aid an eligible renter is entitled to receive is reduced, the reduction is effective for the month during which the change of the eligible renter's rent, rental arrangement, income, marital status or family size occurred.

[am. B.C. Regs. 191/89, ss. 7 to 9; 70/2014, s. 6.]

Report to eligibility committee

9   (1) Every eligible renter in receipt of shelter aid ceases to be an eligible renter unless, prior to the beginning of each benefit year, the eligible renter reports to the eligibility committee respecting his or her rent, rental arrangement, income, marital status, family size and address in a form approved by the eligibility committee.

(2) An eligible renter who ceases to occupy the eligible renter's residence for a period in excess of 30 days ceases to be an eligible renter unless the eligibility committee, in its discretion, authorizes a temporary continuance of eligibility in order to permit an eligible renter to obtain medical therapy prescribed by a qualified medical practitioner or in order to avoid hardship.

(3) If a person ceases to be an eligible renter under this section, the person shall be entitled to receive shelter aid for the month during which the person ceased to be an eligible renter.

(4) If an eligible renter ceases to be eligible under this section, the person may reapply to the eligibility committee for shelter aid under section 3 (1) of this regulation.

[am. B.C. Regs. 191/89, s. 9; 70/2014, s. 7.]

Death of eligible renter

10   If an eligible renter dies and is survived by a spouse who

(a) is not an eligible renter, and

(b) occupied the same residence as the deceased eligible renter at the date of death,

the shelter aid which the eligible renter would have been entitled to receive must be paid to the surviving spouse for a period of 3 months from the date of death.

[am. B.C. Regs. 580/77; 70/2014, s. 8.]

Retroactivity of entitlement

11   (1) Repealed. [B.C. Reg. 171/90, s. 4.]

(2) If a person applies for shelter aid, upon becoming eligible, the person is entitled to receive shelter aid retroactively from the date of application to the first day of the month in which that person became eligible, but nothing in this subsection authorizes the payment of shelter aid for a retroactive period exceeding 30 days.

[am. B.C. Regs. 580/77; 171/90, ss. 4 and 5; 70/2014, s. 9.]

Repealed

12-14   Repealed. [B.C. Reg. 70/2014, s. 10.]

[Provisions relevant to the enactment of this regulation: Shelter Aid for Elderly Renters Act, R.S.B.C. 1996, c. 424, section 9]

 Section 2 BEFORE re-enacted by BC Reg 70/2014, effective April 17, 2014.

Interpretation

2   In this regulation the definitions in the Act apply and, unless the context otherwise requires:

"Act" means Shelter Aid for Elderly Renters Act;

"benefit year" means a 12 month period commencing on the first day of an eligible renter's month of birth and ending on the last day of the month 12 months later;

"eligible renter" means a person who is determined to be eligible to receive shelter aid under the Act in accordance with this regulation;

"income" means

(a) the pension source income received by an eligible renter during the month of April or May immediately before the beginning of a benefit year, plus

(b) the income of an eligible renter from all sources during the taxation year preceding a benefit year divided by 12, other than

(i) pension source income, and

(ii) shelter aid or any rent supplement payment received from the Province or any of its agencies,

and where the eligible renter occupies a residence with a spouse, means the combined income of the eligible renter and the spouse;

"pension source income" means money received by an eligible renter from the following sources:

(a) Federal Old Age Security, Spouse Allowance benefits and Guaranteed Income Supplement Payments;

(b) Provincial Seniors Supplement.

[am. B.C. Regs. 191/89, s. 1; 171/90, s. 1; 52/93; 295/2005, s. 1.]

 Section 2.1 BEFORE repealed by BC Reg 70/2014, effective April 17, 2014.

Definition of "rent"

2.1   (1) In this regulation, "rent" means, subject to subsection (2) of this section,

(a) money paid on a regular basis by an eligible renter for the habitation of a residence,

(i) calculated on a monthly basis, and

(ii) including, subject to section 6, up to $35 each month toward the cost of heating the residence if the cost is not paid by the landlord, or

(b) Repealed. [B.C. Reg. 144/2006, s. 2 (b).]

(2) In this regulation, "rent" does not include

(a) money paid for meals, board or personal services,

(b) rent supplements or subsidies paid by the Province or any of its agencies to or on behalf of an eligible renter, or

(c) a security deposit as defined in the Residential Tenancy Act or as described in section 17 of the Manufactured Home Park Tenancy Act.

(3) If an eligible renter's residence is a manufactured home site and the manufactured home located on the site is not leased by the renter, subsection (1) (a) (ii) applies to the cost of heating the manufactured home.

[en. B.C. Reg. 295/2005, s. 2; am. B.C. Reg. 144/2006, s. 2.]

 Section 3 BEFORE amended by BC Reg 70/2014, effective April 17, 2014.

Applications

3   (1) An applicant shall make application to the eligibility committee for shelter aid in such form and in the manner required by it.

(2) The eligibility committee may require an applicant or trustee or other person administering the assets or income of an applicant to furnish documentary evidence or other verification of the facts set forth in an application for shelter aid in such detail as may be required for the purpose of the Act and this regulation.

[am. B.C. Reg. 191/89, s. 2.]

 Section 4 BEFORE re-enacted by BC Reg 70/2014, effective April 17, 2014.

Eligibility

4   An applicant shall be eligible to receive shelter aid when the eligibility committee has determined that the applicant

(a) is receiving or is entitled to receive a pension or supplement under the Old Age Security Act (Canada) or is aged 60 years or older and is

(i) a Canadian citizen,

(ii) authorized under an enactment of Canada to take up permanent residence in Canada, or

(iii) determined under the Immigration and Refugee Protection Act (Canada) or the Immigration Act (Canada) to be a Convention refugee,

(b) occupies a residence,

(c) does not reside in

(i) a facility licensed under the Community Care Facility Act, or

(ii) an unlicensed facility, the rent for which is paid or subsidized under any program administered by any ministry of the Province, or

(iii) Repealed. [B.C. Reg. 171/90, s. 2.]

(d) is not in receipt of support or shelter benefits granted under Schedule A of the Guaranteed Available Income for Need Regulations1,

and that the applicant or spouse of the applicant has resided in British Columbia for a period of not less than one continuous year immediately before the date of application.

[en. B.C. Reg. 191/89, s. 3; am. B.C. Reg. 171/90, s. 2; 144/2006, s. 1.]

 Section 5 BEFORE amended by BC Reg 70/2014, effective April 17, 2014.

Entitlement

5   (1) Repealed. [B.C. Reg. 191/89, s. 4.]

(2) In calculating the amount of shelter aid to which an eligible renter is entitled, a sum of up to $50 per month of all benefits received by the eligible renter from the Federal Department of Veterans Affairs and up to $10.42 received as the Provincial Senior's Supplement under section 3 (c) of Schedule A of the Guaranteed Available Income for Need Regulations1 shall be exempted as income.

(3) Where the income of an eligible renter from employment or business sources is reduced prior to the commencement of or during a benefit year so that the income of the eligible renter from those sources during a benefit year is substantially reduced and causes hardship, the eligibility committee may, for the avoidance of hardship, recalculate the amount of shelter aid to which the eligible renter is entitled, on the basis of such reduced income.

(4) Where a recalculation is made under subsection (3), the eligible renter shall be entitled to receive the recalculated amount of shelter aid from the month during which the reduction of employment or business source income was reported to the eligibility committee, but nothing in this subsection authorizes the payment of the recalculated amount of shelter aid for a retroactive period exceeding 30 days.

[am. B.C. Reg. 580/77; 191/89, s. 4.]

 Section 6 BEFORE re-enacted by BC Reg 70/2014, effective April 17, 2014.

Maximum rental entitlement

6   (1) The maximum amount of rent which an eligible renter may claim in respect of a residence for the purpose of calculating the amount of shelter aid to which they are entitled is

(a) $700 each month if the eligible renter is the sole occupant of the residence,

(b) $755 each month if the eligible renter occupies the residence with a spouse, and

(c) subject to section 12, $975 each month if the eligible renter occupies the residence with other adult renters.

(2) For the purposes of subsection (1), if an eligible renter leases both a manufactured home and a manufactured home site, the manufactured home and the manufactured home site must be treated as a single residence.

[en. B.C. Reg. 295/2005, s. 3.]

 Section 8 BEFORE amended by BC Reg 70/2014, effective April 17, 2014.

Change in entitlement

8   (1) In this section and section 9 (1), "change in rental arrangement" includes a change in rental accommodation, or a change as to whether the rent is shared, subsidized or includes room and board.

(1.1) Every eligible renter in receipt of shelter aid shall report in a manner determined by the eligibility committee all changes in rent, rental arrangement, income other than pension source income, marital status, family size and address to the eligibility committee not later than 30 days after the change occurs, and the eligibility committee shall determine whether or not the change will alter the amount of shelter aid which the eligible renter is entitled to receive.

(2) Where the eligibility committee determines that the amount of shelter aid to which an eligible renter is entitled should be altered by reason of a change in rent, rental arrangement, income, marital status or family size, the eligibility committee shall recalculate the amount of shelter aid, and, subject to subsections (3) and (4), the eligible renter shall only be entitled to receive the altered amount.

(3) Where, by reason of a recalculation under subsection (2), the amount of shelter aid which an eligible renter is entitled to receive is increased, such increase shall be effective for the month during which the change in rent, rental arrangement, income, marital status or family size occurred, but nothing in this subsection authorizes the payment of shelter aid for a retroactive period exceeding 30 days prior to the date the change in rent, rental arrangement, income, marital status or family size was reported to the eligibility committee.

(4) Where, by reason of a recalculation under subsection (2), the amount of shelter aid an eligible renter is entitled to receive is reduced, such reduction shall be effective for the month during which the change of the eligible renter's rent, rental arrangement, income, marital status or family size occurred.

[am. B.C. Reg. 191/89, ss. 7-9.]

 Section 9 BEFORE amended by BC Reg 70/2014, effective April 17, 2014.

Report to eligibility committee

9   (1) Every eligible renter in receipt of shelter aid shall cease to be an eligible renter unless, prior to the commencement of each benefit year, he reports to the eligibility committee respecting his rent, rental arrangement, income, marital status, family size and address in a form approved by the eligibility committee.

(2) An eligible renter who ceases to occupy his residence for a period in excess of 30 days shall cease to be an eligible renter unless the eligibility committee, in its discretion, authorizes a temporary continuance of eligibility in order to permit an eligible renter to obtain medical therapy prescribed by a qualified medical practitioner or in order to avoid hardship.

(3) Where a person ceases to be an eligible renter under this section, he shall be entitled to receive shelter aid for the month during which he ceased to be an eligible renter.

(4) Where an eligible renter ceases to be eligible under this section, he may reapply to the eligibility committee for shelter aid under section 3 (1) of this regulation.

[am. B.C. Reg. 191/89, s. 9.]

 Section 10 BEFORE amended by BC Reg 70/2014, effective April 17, 2014.

Death of eligible renter

10   Where an eligible renter dies and is survived by a spouse who

(a) is not an eligible renter, and

(b) occupied the same residence as the deceased eligible renter at the date of death,

the shelter aid which the eligible renter would have been entitled to receive shall be paid to the surviving spouse for a period of 3 months from the date of death.

[am. B.C. Reg. 580/77.]

 Section 11 (2) BEFORE amended by BC Reg 70/2014, effective April 17, 2014.

(2) Where a person applies for shelter aid, he shall, upon becoming eligible, be entitled to receive shelter aid retroactively from the date of application to the first day of the month in which he otherwise became eligible, but nothing in this subsection authorizes the payment of shelter aid for a retroactive period exceeding 30 days.

 Section 12 BEFORE repealed by BC Reg 70/2014, effective April 17, 2014.

Apportionment of rent in shared residence

12   Subject to section 6 (c), where

(a) 2 or more eligible renters, or

(b) a combination of eligible renters and non-eligible adult renters

occupy the same residence, the rent deemed to be paid by an eligible renter, for the purposes of the Act and the regulations, shall be the amount derived by equally apportioning the rent for the residence among all the adult renters.

[en. B.C. Reg. 191/89, s. 10.]

 Section 13 BEFORE repealed by BC Reg 70/2014, effective April 17, 2014.

Spent

13   Spent.

 Section 14 BEFORE repealed by BC Reg 70/2014, effective April 17, 2014.

Frequency of payment to eligible renter

14   (1) Subject to this regulation, where the amount of shelter aid to which an eligible renter is entitled is more than $15 per month, it shall be paid monthly to the eligible renter.

(2) Where the amount of shelter aid which an eligible renter is entitled to receive is less than $15 per month, it shall be accumulated and paid to the eligible renter biannually.

[am. B.C. Reg. 242/93; 144/2006, s. 3.]