QR&Os: Volume VI - Appendix 4.1 Charges for Family Housing Regulations

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Approved by TB.829184 of 28 August, 2001, effective 1 September, 2001

REGULATIONS RESPECTING CHARGES FOR FAMILY HOUSING PROVIDED BY THE DEPARTMENT OF NATIONAL DEFENCE

(1) These Regulations may be cited as the Charges for Family Housing Regulations.

(2) In these Regulations:

  1. 'base shelter value" means the monthly market rental value of family housing as appraised by Canada Mortgage and Housing Corporation;
  2. "income level" in respect of an officer who is paid at a rate within a salary range means the mid-point of the range within which he is paid;
  3. "family housing" means,
    1. in Canada, public quarters and Bulk Lease Housing Units the occupancy of which is controlled by Canadian military authorities, and
    2. outside Canada, public quarters the occupancy of which is controlled by Canadian military authorities including, unless otherwise prescribed by the Minister, public quarters of another country occupied by an officer or non-commissioned member,

    but does not include single quarters;
  4. "Minister" means the Minister of National Defence; and
  5. "Utilities" means heat, light and water.

(3) The monthly charges for occupancy of family housing shall include:

  1. the appropriate shelter charge determined in accordance with paragraphs (4) and (5) of these Regulations;
  2. where applicable, the value of utilities not paid direct to the supplier by the occupant as determined in accordance with paragraph (9) of these Regulations; and
  3. where applicable, the value of the utilities not paid directly to the supplier by the occupant responsible for the payment that the Department must assume in order to prevent damage to family housing or to fill a fuel tank when the occupant has failed to do so upon vacating.

(4) Provincial/territorial rent control legislation shall be applied to Canada Mortgage and Housing Corporation appraised values in those instances where a specific percentage limitation has been enacted. Any such limitations shall be applied annually to the previous years' base shelter value for each unit and prior to the inclusion, of any adjustments outlined in paragraphs (5) and (6) of these Regulations.

(5) The appropriate shelter charge shall be established by using the base shelter value, reduced, where applicable, and in the order listed, by one or more of the following:

  1. a percentage of the base shelter value equivalent to the percentage by which the size of the family housing exceeds the Accommodation Size Norms to be established by the Minister for the family size and income level of the occupant, except that no such adjustment shall be made
    1. where the excess is less than two percent, or
    2. when the occupant could have occupied family housing suitable to the family size and income level of the occupant, or
    3. that would reduce an occupant's shelter charge below that of another occupant of equivalent income level and family size occupying comparable family housing at the same location; and
  2. up to 25 per cent, as determined by the Minister, where the occupant has been ordered to occupy specific family housing designated by the Minister.

(6) Notwithstanding paragraph (3) of these Regulations, the Minister may alter the appropriate shelter charge in one or more of the following ways:

  1. waive or reduce, for such period as he or she deems suitable, the appropriate shelter charge where a serious maintenance problem that is not corrected within 30 days of its occurrence affects the habitability of family housing;
  2. reduce the appropriate shelter charge by 10 per cent to encourage occupancy of vacant family housing where the reduction is cost- beneficial; and
  3. reduce the appropriate shelter charge by up to 50 per cent, where the occupancy of the particular family housing results in the occupant being subjected to a loss of privacy and quiet enjoyment.

(7) Where annual increases in shelter charges exceed that year's market rate of escalation for the locality and are due to no fault of the occupant, the increase in the monthly rate shall be limited to one-half of one per cent of the occupant's annual salary or $ 100, whichever is the lesser. The limitation shall be applied after all adjustments arising out of paragraphs (5) and (6) of these Regulations have been applied and, once applied, will include subsequent annual rent revisions until the full appropriate market level shelter charge has been reached.

(8) The monthly shelter charge, not including parking costs and costs for fuel and utilities, shall not exceed 25 per cent of the family's gross annual income.

(9)

  1. Except when otherwise prescribed by the Minister, an occupant shall pay directly to the supplier the cost of utilities supplied in family housing that are individually metered and billed.
  2. Subject to any direction that may be issued by Treasury Board, the value of utilities to be included in the monthly charges for family housing for each month of a fiscal year shall be determined in accordance with a formula prescribed by the Minister.
  3. Where an occupant pays for fuel and utilities through the formula referred to in (b) of this paragraph and is also eligible for a size-suitability adjustment, the fuel and utilities charges shall be based on the size norm rather than the size of the unit occupied.

(10) The charge to be paid by an occupant for covered residential parking that forms part of or is located on the property of their family housing that is a detached, semi-detached or row house will be included in the monthly charges for occupancy of the family housing.

(11) The monthly charge to be paid by an occupant for covered residential parking that is provided separately from a detached, semi-detached or row house or that is provided for an occupant of an apartment, will be an amount equal to the appraised charges for similar facilities on the applicable market as determined by Canada Mortgage and Housing Corporation.

(12) In the application of these Regulations, the Minister shall be guided by the principles contained in Treasury Board Canada, Administrative Policy Manual, Chapter 128, Living Accommodation Charges.

(13) Despite any provision of these Regulations, the Minister may determine the maximum appropriate shelter charge for any family housing occupied by privates in incentive pay category 1 or 2, officer cadets or second lieutenants when he or she considers it appropriate to do so to avoid obvious inequities or when it would be in the interest of efficient and economic management of family housing.

(T)