Bill 128 Royal Assent (PDF)
Bill 128
Bill 1282000
An Act respecting
social housing
Contents
PART I
INTERPRETATION
1.
Purpose
2.
Definitions
3.
Crown bound
PART II
SERVICE MANAGERS
Powers and Duties
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
Designation of service manager
Powers of service manager
Additional powers, municipal service
manager
Additional powers, dssab service manager
Powers of dssab service manager re
debentures
Restrictions re mortgage financing
Duties re transferred housing programs
Service levels
Prescribed duties and restrictions
Responsibilities of housing provider
Performance of Duties
14.
Joint local transfer plan
15.
Appointment of administrator
16.
17.
Agreement regarding performance by
another person
Geographic jurisdiction when agreement made
Administration
18.
Notice of project in difficulty
19.
Records
20.
Annual and other reports
21.
Audit or investigation
22.
Failure to comply
PART III
LOCAL HOUSING CORPORATIONS
Establishment and Governance
23.
Incorporation and organization
24.
Authority to acquire shares
25.
26.
Restrictions on share issuance, transfer, etc.
Restriction on amalgamation
27.
Restriction on voluntary dissolution
28.
29.
Duty of corporation, etc.
Invalidity of certain actions
30.
Conflict
Activities and Operations
31.
Agreement with Minister, etc.
32.
Relationship to service manager
33.
Language of services
PART IV
TRANSFER ORDERS
Scope of Transfer Orders
34.
Transfer orders
35.
Restrictions
36.
Consent to transfer
37.
Effective date of transfer
38.
39.
Methods of describing transferred things
Recission or amendment of transfer order
Notice of Transfer Orders
and of Transfers
40.
Notice of transfer order
41.
Inspection of transfer orders
42.
Notice of transfer not required
43.
44.
Registration requirements, real property
Registration of security interests
Effect of Transfer Orders
45.
Binding effect
46.
Vesting in and assumption by transferee
47.
No representation, etc., by transferor
48.
49.
Transfer deemed not to have certain effects
Expropriations Act
50.
Restrictions, real property
51.
Liability of certain guarantors
Transfer of Employees
52.
Transfer of employees
Transfer of Motor Vehicles, etc.
53.
Transfer of motor vehicles, trailers
54.
Motor vehicle insurance
Transfer of Documents and
Disclosure of Records
55.
Transfer of documents
56.
Disclosure of other records
57.
Effect of transfer or disclosure
General
58.
59.
60.
61.
Part prevails
Right of action
Legislation from which certain transfers
exempt
Transfers after transfer order
PART V
ELIGIBILITY FOR ASSISTANCE
Interpretation
62.
63.
64.
Definition
Supportive housing provider
Service manager, supportive housing
provider or lead agency
Eligibility for Rent-Geared-to-Income Assistance
65.
Application for assistance
66.
Eligibility for assistance
67.
Type of accommodation
68.
Waiting lists for units
69.
Amount of geared-to-income rent
70.
Deferral of rent
Eligibility for Special Needs Housing
71.
Application for special needs housing
72.
73.
Eligibility for special needs housing
Type of accommodation
74.
Waiting lists for special needs housing
Eligibility Rules, Occupancy Standards and Priority Rules
75.
Eligibility rules
76.
Occupancy standards
77.
Priority rules
78.
Invalidity and conflicts
79.
Public inspection of rules
Decisions and Internal Review
80
Opportunity to comment
81.
Notice to household and housing provider
82.
Internal review
83.
Conduct of review
84.
When decision takes effect, etc.
Administration
85.
Prohibition re obtaining assistance
86.
Reimbursement of service manager
87.
Agreement prohibited
88.
Designation of lead agencies
89.
Referral agreements
90.
Application procedures
PART VI
OPERATING FRAMEWORK -
CERTAIN TRANSFERRED HOUSING PROGRAMS
Application upon Termination of Operating Agreements
91.
Termination of operating agreements
92.
Application
Duties of Housing Providers
93.
94.
Provincial requirements for housing
providers
Local standards
95.
Restriction on transfer, etc., of housing
project
96.
97.
Registration requirement, real property
Language of services
Operating Standards for
Housing Projects
98.
Targeting plan
99.
Mandate
100.
Duty to comply with plan, mandate
101.
Change in number of rent-geared-to-income units
Subsidy Payable to Housing Providers
102.
Duty to pay subsidy
103.
General subsidy
104.
Benchmark revenue, etc.
105.
Estimates by housing provider
106.
Subsidy re certain housing providers
107.
Benchmark operating costs
108.
Estimates by housing provider
109.
Debt repayment
110.
Guidelines and requirements
111.
Additional subsidy
Administration
112.
Records
113.
Annual and other reports
114.
Audit or investigation
Enforcement
115.
Triggering events
116.
Remedies
117.
Limitations on exercise of remedy
118.
Discontinuation or suspension of subsidy
119.
Performance of duties, etc., by service
manager
120.
Appointment, etc., of receiver
121.
Replacement of directors
PART VII
PAYMENT OF PROVINCIAL AND LOCAL HOUSING COSTS
Provincial Housing Costs
122.
Provincial housing costs
123.
Allocation of recoverable amount
124.
Adjustments
125.
Interest and penalties
126.
Collection of amounts owing
Service Manager's Housing Costs
127.
128.
Service manager's housing costs
Calculation by service manager
129.
Apportionment by municipal service
manager
130.
131.
Apportionment by dssab service manager
Adjustments
132.
133.
Interest and penalties
Collection of amounts owing
Distribution of Federal Funding
134.
Payment to service managers
Special Rules for the
Greater Toronto Area
135.
Definition
136.
GTA equalization
137.
Change in allocation method
138
Review by GTSB
PART VIII
SOCIAL HOUSING SERVICES CORPORATION
139.
Definition
140.
Creation of corporation
141.
Objects of the corporation
142.
Powers
143.
Board of directors
144.
Vacancies
145.
Quorum and voting
146.
Chair
147.
Remuneration
148.
149.
Decisions not made at meeting
Meeting by telephone, etc.
150.
Chief executive officer
151.
152.
Expenditures before 2005
Expenditures in and after 2005
153.
Annual report
154.
Reports and information
155.
Immunity
PART IX
GENERAL
Administrative Matters
156.
Conflicts
157.
Power to amend, replace certain operating agreements
158
Fraud control unit
159.
Eligibility review officers and family
support workers
160.
Prohibition, obstruction
161.
Electronic signature
Collection, Use and Disclosure of Personal Information
162.
Personal information
163.
Agreements of Minister
164.
165.
166.
Agreements of service managers
Sharing information
Restriction re prescribed personal information
Regulations
167.
Regulations generally
168.
Regulations respecting Part I
169.
Regulations respecting Part II
170.
Regulations respecting Part III
171.
Regulations respecting Part IV
172.
Regulations respecting Part V
173.
Regulations respecting Part VI
174.
Regulations respecting Part VII
175.
Regulations respecting Part VIII
176.
Regulations respecting Part IX
PART X
AMENDMENTS, REPEALS, COMMENCEMENT
AND SHORT TITLE
177.
Amendments to Ontario Housing
Corporation Act
178.
179.
Repeal of Social Housing Funding Act, 1997
Amendments to Tenant Protection Act, 1997
180.
181.
Commencement
Short title
______________
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
part i
Interpretation
Purpose
1. The purpose of this Act is to provide for the efficient and effective administration of housing programs by service managers.
Definitions
2. In this Act, "
administrator" means an administrator appointed under section 15; ("administrateur") "
area services board" means a board established under Part II of the Northern Services Boards Act\; ("rgie rgionale des services publics") "
district social services administration board" means a board established under the District Social Services Administration Boards Act\; ("conseil d'administration de district des services sociaux") "
dssab service manager" means a service manager that is a district social services administration board; ("conseil gestionnaire de services") "
federal funding" means money received by the Crown in right of Ontario from the Crown in right of Canada or the Canada Mortgage and Housing Corporation for the purpose of funding prescribed housing programs; ("subvention fdrale") "
high need household" means a household that meets such criteria as may be prescribed; ("mnage ayant des besoins importants") "
household" means an individual who lives alone or two or more individuals who live together; ("mnage") "
housing program" means a program prescribed as a housing program; ("programme de logement") "
housing project" means all or part of the residential accommodation, including facilities used for ancillary purposes, located in one or more buildings used in whole or in part for residential accommodation; ("ensemble domiciliaire") "
housing provider" means a person who operates a housing project; ("fournisseur de logements") "
independent municipality" means a municipality within the service area of a municipal service manager and that does not form part of the municipality of the municipal service manager for municipal purposes; ("municipalit indpendante") "
landlord" has the same meaning as in the Tenant Protection Act, 1997\; ("locateur") "
lead agency" means a lead agency designated under section 88; ("organisme responsable") "
local housing authority" means a corporation constituted under subsection 7 (2) of the Housing Development Act as a housing authority for a particular geographic area; ("commission locale de logement") "
local housing corporation" means a corporation that has been incorporated in accordance with section 23; ("socit locale de logement") "
market unit" means a unit that is in a housing project and that is not a rent-geared-to-income unit; ("logement loyer du march") "
Minister" means the Minister of Municipal Affairs and Housing or such other member of the Executive Council as may be assigned the administration of this Act under the Executive Council Act\; ("ministre") "
Ministry" means the ministry of the Minister; ("ministre") "
modified unit" means a unit that has been modified so as to be accessible to an individual with a physical disability or so as to allow an individual with a physical disability to live independently; ("logement modifi") "
municipal service manager" means a service manager that is a municipality; ("municipalit gestionnaire de services") "
municipality" means a city, town, county, township, village, regional or district municipality, the County of Oxford or the Frontenac Management Board; ("municipalit") "
non-profit housing co-operative" means a non-profit housing co-operative under the Co-operative Corporations Act\; ("cooprative de logement sans but lucratif") "
Ontario Housing Corporation" means the Ontario Housing Corporation continued under the Ontario Housing Corporation Act\; ("Socit de logement de l'Ontario") "
operating agreement" means an agreement, a memorandum of understanding, a letter of commitment or any combination of them, whether oral, written or in part oral and in part written, entered into before this section comes into force between a housing provider and one or more of the Crown in right of Ontario, the Crown in right of Canada, the Minister, the Ministry, a minister or ministry of the Crown in right of Canada, the Ontario Housing Corporation, Canada Mortgage and Housing Corporation, a local housing authority, an agent of the Crown in right of Ontario and an agent of the Crown in right of Canada under which funding is provided to the housing provider with respect to a housing project under a housing program; ("accord d'exploitation") "
person" means an individual, a corporation, the Crown, a municipality, an agency, a board, a commission or any other entity; ("personne") "
personal information" has the same meaning as in the Freedom of Information and Protection of Privacy Act\; ("renseignements personnels") "
personal property" means property that is not real property, and includes chattel paper, documents of title, instruments, intangibles, money and securities, all as defined in the Personal Property Security Act, accounts receivable, agreements, licences, permits, intellectual property, records and goods, but does not include building materials that have been affixed to real property; ("bien meuble") "
prescribed" means prescribed by the regulations; ("prescrit") "
real property" means lands, tenements, appurtenances, hereditaments and fixtures, and includes an interest in or a right issuing or arising out of, annexed to or exercisable with respect to lands, tenements, appurtenances, hereditaments or fixtures; ("bien immeuble") "
record" has the same meaning as in the Freedom of Information and Protection of Privacy Act and includes a record that contains confidential information or personal information; ("document") "
regulations" means regulations made under this Act; ("rglements") "
related municipality", in relation to a local housing corporation, means,
(a)an independent municipality in the related service manager's service area, in the case of a municipal service manager, or
(b)a municipality in the related service manager's service area, in the case of a dssab service manager; ("municipalit lie") "
related service manager", in relation to a local housing corporation, means the service manager to whom common shares of the local housing corporation are deemed to have been issued under subsection 23 (7); ("gestionnaire de services li") "
rent-geared-to-income assistance" means financial assistance provided in respect of a household under a housing program to reduce the amount the household must otherwise pay to occupy a unit in a housing project; ("aide sous forme de loyer index sur le revenu") "
rent-geared-to-income unit" means a unit in a housing project that either is occupied by a household receiving rent-geared-to-income assistance or is available for occupancy by a household eligible for rent-geared-to-income assistance; ("logement loyer index sur le revenu") "
rent supplement agreement" means an operating agreement under a rent supplement program established by the Minister; ("accord de supplment au loyer") "
service area", in relation to a service manager, means the geographic area specified as the service area of that service manager under subsection 4 (2); ("aire de service") "
service manager" means a municipality, agency, board or commission designated as a service manager under subsection 4 (1); ("gestionnaire de services") "
Social Housing Services Corporation" means the corporation established under section 140 ("Socit des services de logement social") "
special needs housing" means a unit that is occupied by or is made available for occupancy by a household having one or more individuals who require accessibility modifications or provincially-funded support services in order to live independently in the community; ("logement adapt") "
supportive housing provider" means a housing provider providing special needs housing in a housing project operated by it; ("fournisseur de logements avec services de soutien") "
transfer order" means a transfer order made under Part IV; ("dcret de transfert ou de mutation") "
transferee" means a person to whom assets, liabilities, rights, obligations or employees are transferred by a transfer order; ("destinataire d'un transfert ou d'une mutation", "destinataire") "
transferor" means a person any of whose assets, liabilities, rights, obligations or employees are transferred by a transfer order; ("auteur d'un transfert ou d'une mutation", "auteur") "
transferred housing program", in relation to a service manager, means a housing program for which responsibility has been transferred to the service manager under section 10, and in respect of which the transfer has taken effect; ("programme de logement transfr") "
transferred housing project", in relation to a service manager, means a housing project that is subject to a transferred housing program and that has been prescribed for the purposes of section 10; ("ensemble domiciliaire transfr") "
unit" means a unit intended for use as residential accommodation in a housing project. ("logement")
Crown bound
3. This Act binds the Crown.
part ii
Service managers
Powers and Duties
Designation of service manager
4. (1) The Minister shall by regulation designate the municipalities, the district social services administration boards, the area services boards and the other agencies, boards and commissions that are service managers for the purposes of this Act.
Service area
(2) For each service manager, the Minister shall by regulation specify the geographic area that is the service area of that service manager for the purposes of this Act.
Powers of service manager
5. (1) A service manager may,
(a)purchase or otherwise acquire a housing project in its service area for the purpose of operating it as a housing project;
(b)purchase or otherwise acquire land in its service area for the purpose of operating a housing project on it;
(c)construct a housing project on land that it has acquired in its service area;
(d)make alterations or additions to a housing project that it has acquired or constructed in its service area;
(e)operate and maintain a housing project that it has acquired or constructed in its service area;
(f)sell or otherwise dispose of land and housing projects that it has acquired or constructed in its service area;
(g)exercise such other powers as may be prescribed.
Power to establish programs
(2) A service manager may also establish, fund and administer programs for the provision of residential accommodation in its service area.
Restrictions, etc.
(3) A service manager shall exercise its powers in accordance with such conditions and restrictions as may be prescribed.
Additional powers, municipal service manager
6. (1) The provision of residential accommodation by a municipal service manager under this Act shall be deemed to be a municipal purpose of that service manager, and a municipal service manager may exercise for the purposes of this Act the powers that it has as a municipality under the Municipal Act, the Regional Municipalities Act or any other general or special Act.
Same
(2) A municipal service manager may perform its duties and exercise its powers under this Act with respect to any part of its service area, including a part of its service area that is located outside its municipal boundaries, and may do so despite subsection 101 (1) of the Municipal Act or any other Act restricting its jurisdiction.
Additional powers, dssab service manager
7. (1) In addition to its powers under this Act, a dssab service manager may exercise for the purposes of this Act the powers that a district social service administration board has under the District Social Services Administration Boards Act.
Capital facilities
(2) Subsections 210.1 (1) to (5), (10) and (11) of the Municipal Act apply with necessary modifications to a dssab service manager as if it were the council of a municipality.
Expropriation powers
(3) Sections 190, 191 and 193 of the Municipal Act apply with necessary modifications to a dssab service manager as if it were the council of a municipality.
Reserve funds and investments
(4) Subsections 163 (1) to (3) and (5) to (7) and section 167 of the Municipal Act apply with necessary modifications to a dssab service manager as if it were the council of a municipality.
Powers of dssab service manager re debentures
8. (1) This section applies if a dssab service manager wishes to make permanent improvements to a housing project for the purposes of this Act and wishes to obtain financing for the improvements.
Direction
(2) The dssab service manager may direct the council of such municipalities within its service area as may be prescribed to issue and sell debentures on the credit of the municipal corporation for raising such sums as the dssab service manager may require to make the permanent improvements.
Same
(3) The direction must state the purpose of the debenture and the nature and estimated cost of the improvements.
Application for approval
(4) A dssab service manager that proposes to give a direction to a municipality shall apply to the Ontario Municipal Board for approval of the proposed direction under section 65 of the Ontario Municipal Board Act and the dssab service manager shall be deemed, for the purposes of that section, to make the application on behalf of the municipality.
Approval
(5) If the Ontario Municipal Board approves the proposed direction, the council of the applicable municipality shall pass a by-law authorizing the borrowing of money by the issue and sale of debentures on the credit of the municipal corporation for the purposes stated in the direction.
Various powers and duties re debentures
(6) Subsections 123 (6) to (11) and (13), clause 123 (14) (c), subsection 123 (15) and subsection 147 (3) of the Municipal Act apply, with necessary modifications, to a direction given under this section as if the dssab service manager were a school board.
Liability under debentures
(7) Debentures issued under subsection (5) are joint and several obligations of the dssab service manager and all of the municipalities in its service area even though all or part of the costs of the permanent improvements may have been apportioned under subsection 130 (2) to only some of them.
Same
(8) Nothing in subsection (7) affects the rights of the dssab service manager and the municipalities in its service area as among themselves.
Payment
(9) With respect to debentures issued under subsection (5), the Minister of Finance shall pay to a dssab service manager an amount that bears the same proportion to the total cost of servicing the debentures as the proportion of costs apportioned to territory without municipal organization under subsection 130 (1).
Restrictions re mortgage financing
9. (1) A service manager shall not establish a system or process to enable more than one housing provider, acting jointly, to renew or replace mortgage financing unless the service manager has the prior written consent of the Minister to do so.
Same
(2) Subsection (1) applies with respect to any housing provider who operates a housing project under such housing programs as may be prescribed for the purposes of this section.
Duties re transferred housing programs
10. (1) The responsibility for administering and funding a prescribed housing program as it relates to a prescribed housing project is transferred as of the prescribed effective date from the Ontario Housing Corporation or the Government of Ontario, as the case may be, to the prescribed service manager.
Same
(2) As of the effective date of a transfer of responsibility to a service manager under subsection (1), the service manager shall assume the responsibility transferred to it and shall administer and fund the housing program as it relates to the housing project in accordance with this Act (including the regulations) and any applicable operating agreement in effect.
Same
(3) The housing program must also be administered and funded in accordance with such criteria and rules as may be prescribed for the program.
Same
(4) In case of a conflict between this Act (including the regulations) and the operating agreement, the service manager shall administer and fund the housing program as it relates to the housing project in accordance with the operating agreement.
Language of services
(5) If the service manager provides services in an area that is designated in the Schedule to the French Language Services Act, it shall provide its services in both English and French with respect to the provision of housing.
Same
(6) The service manager shall provide services in English and French to such housing providers as may be prescribed who were entitled, under an operating agreement, to receive services from Canada Mortgage and Housing Corporation in English and French before the transfer of the operating agreement to the service manager.
Service levels, households
11. (1) A service manager shall ensure that rent-geared-to-income assistance under Part V is provided in its service area in respect of at least,
(a)the prescribed number of households whose income is no greater than the household income limit prescribed for the service area; and
(b)the prescribed number of high need households.
Exclusions
(2) Households accommodated under such housing programs as may be prescribed must not be included in determining the number of households counted for the purposes of clause (1) (a) or the number of high need households counted for the purposes of clause (1) (b).
Service levels, modified units
(3) The service manager shall ensure that, in the transferred housing projects in its service area that are subject to the prescribed transferred housing programs, the prescribed number of modified units are maintained in accordance with such requirements as may be prescribed.
Prescribed duties
12. (1) A service manager shall perform such other duties as may be prescribed.
Prescribed restrictions, etc.
(2) A service manager shall perform its duties under this Act in accordance with such conditions and restrictions as may be prescribed.
Responsibilities of housing provider
13. Despite anything in this Part or in Part V, a housing provider operating a housing project is responsible,
(a)for all rent collection matters in respect of the housing project; and
(b)for entering into an arrangement with a household occupying a unit in the housing project for the repayment of rental arrears if a service manager has determined that the household has paid an amount of geared-to-income rent that is less than the amount of geared-to-income rent payable by the household.
Performance of Duties
Joint local transfer plan
14. (1) Within five months after this section comes into force, each service manager shall prepare and submit to the Minister a plan for carrying out its duties under this Act.
Contents
(2) The plan must meet such criteria as the Minister may establish, must contain such information as may be required by the Minister and must be submitted in the form and manner required by the Minister.
Approval by service manager
(3) The service manager shall not submit the plan to the Minister until it has been approved by a by-law or resolution of the service manager.
Consultation
(4) Before approving the plan, the service manager shall consult with all affected housing providers in its service area.
Approval by Minister
(5) The Minister shall assess the plan and shall approve it if it meets the requirements described in subsection (2); the Minister may modify a plan before approving it.
Notice
(6) The Minister shall give the service manager written notice of his or her decision about the plan.
Duty to implement
(7) The service manager shall use its best efforts to implement the plan approved by the Minister.
Replacement service manager
(8) If the service manager (the "original service manager") does not submit its plan to the Minister in accordance with this section or if the plan is not approved by the Minister, the Minister may enter into an agreement with another service manager (the "replacement") that provides for the replacement to perform the duties and exercise the powers of the original service manager under this Act with respect to such housing programs and housing projects as are specified in the agreement.
Same
(9) Subsection 22 (1) does not apply with respect to the exercise of the Minister's powers under subsection (8).
Same
(10) Nothing in subsection (8) affects the right of the Minister to enter into an agreement under subparagraph 4 ii of subsection 22 (3) with respect to the performance of the service manager's duties under this Act by another person.
Transfer not affected
(11) Nothing in this section affects the transfer of responsibility for housing programs to the service manager under section 10.
Appointment of administrator
15. (1) A service manager may,
(a)appoint an administrator for its service area;
(b)authorize its administrator in writing to perform all or some of the duties or exercise all or some of the powers of the service manager under this Act with respect to the whole or a part of the service manager's service area, in accordance with such conditions and restrictions as may be prescribed; and
(c)impose additional conditions or restrictions on the administrator.
Deputy administrator
(2) A service manager may appoint a deputy administrator to act as administrator and to have all the duties and powers of the administrator when the administrator is absent or otherwise unable to act or when the office of the administrator is vacant.
Status
(3) The administrator or deputy administrator shall be deemed to be acting on behalf of the service manager when performing its duties or exercising its powers, and a decision made by the administrator or deputy administrator in performing those duties or exercising those powers shall be deemed to be a decision of the service manager.
Same
(4) A service manager remains responsible for the performance of its duties and the exercise of its powers by an administrator or a deputy administrator.
Agreement regarding performance by another person
16. (1) A service manager may enter into an agreement with any person providing for that person to perform all or some of the duties or exercise all or some of the powers of the service manager under this Act with respect to all or part of the service manager's service area.
Conditions or restrictions
(2) The authority of the service manager to enter into the agreement, and the scope of the agreement, is subject to such conditions or restrictions as may be prescribed.
Same
(3) The agreement may impose conditions or restrictions on the person.
Restriction
(4) The agreement cannot provide that the person performs duties or exercises powers of a service manager under Part VII (Payment of Provincial and Local Housing Costs).
Reports, etc.
(5) The agreement must require the person to,
(a)give the service manager such reports, documents and information as the service manager may request relating to the performance of the service manager's duties and exercise of the service manager's powers; and
(b)give the requested reports, documents and information to the service manager at the times and in the form and manner requested by the service manager.
Control of records
(6) The agreement must provide that the service manager retains control of every record that is created by, or is in the custody of, the other person, if the record relates to the duties or powers that are subject to the agreement and if the other person is not an institution for the purposes of the Freedom of Information and Protection of Privacy Act or the Municipal Freedom of Information and Protection of Privacy Act.
Powers of municipality
(7) A municipality may enter into an agreement mentioned in subsection (1) to perform all or some of the duties or exercise all or some of the powers of a service manager under this Act with respect to all or part of the service manager's service area, and a municipality that enters into such an agreement has the powers necessary to carry it out.
Powers of other service manager
(8) A service manager may enter into an agreement mentioned in subsection (1) to perform all or some of the duties or exercise all or some of the powers of another service manager under this Act with respect to all or part of the other service manager's service area, and a service manager that enters into such an agreement has the powers necessary to carry it out.
Status of other person
(9) The person performing the service manager's duties or exercising its powers shall be deemed to be acting on behalf of the service manager in doing so, and a decision made by the person in performing those duties or exercising those powers shall be deemed to be a decision of the service manager.
Same
(10) A service manager that has entered into an agreement under this section providing for another person to perform any of the service manager's duties or exercise any of its powers under this Act remains responsible for the performance of those duties and the exercise of those powers.
Information
(11) A service manager that has entered into an agreement under this section providing for another person to perform any of the service manager's duties or exercise any of its powers under this Act shall give the person any information the service manager considers necessary for the appropriate performance of the duties or exercise of the powers.
Geographic jurisdiction when agreement made
17. (1) A service manager that has entered into an agreement with another service manager under section 16 or with the Minister under subsection 14 (8) or subparagraph 4 ii of subsection 21 (3) to perform any of the duties or exercise any of the powers of another service manager under this Act with respect to all or a part of the other service manager's service area may carry out the agreement, even though the agreement provides for the service manager to act outside its service area and, in the case of a municipal service manager, outside its municipal boundaries.
Same
(2) A municipality that has entered into an agreement under section 16 to perform any of the duties or exercise any of the powers of a service manager under this Act with respect to all or a part of the service manager's service area may carry out the agreement, even though the agreement provides for the municipality to act outside its municipal boundaries.
Conflict
(3) The powers and duties described in this section operate despite subsection 101 (1) of the Municipal Act, clause 4 (1) (b) of the District Social Services Administration Boards Act and any other Act.
Administration
Notice of project in difficulty
18. (1) This section applies with respect to a housing project for which responsibility has been transferred to a service manager under section 10 and for which there is a mortgage guaranteed by the Province of Ontario or the Ontario Housing Corporation.
Notice to Minister
(2) The service manager shall promptly give written notice to the Minister that the housing project is in difficulty,
(a)if the mortgage guaranteed by the Province of Ontario or the Ontario Housing corporation is in default;
(b)if the service manager is of the opinion that, because of the financial position or the projected financial position of the housing provider that operates the housing project, the mortgage described in clause (a) is likely to go into default within 12 months after the end of the current fiscal year of the housing provider;
(c)if the service manager is of the opinion that, because of the financial position or the projected financial position of the housing provider that operates the housing project, the housing provider is likely to fail to meet a material financial obligation within 12 months after the end of the current fiscal year of the housing provider; or
(d)if the service manager is of the opinion that the housing provider has failed to comply with an obligation under this Act and that the failure is material.
Notice to housing provider
(3) When the service manager gives the Minister written notice that a housing project is in difficulty as a result of a situation described in clause (2) (a), (b), (c) or (d), the service manager shall also give the housing provider operating the housing project written notice that the housing project is in difficulty, unless there are circumstances contributing to the situation that have been referred to a law enforcement agency.
Content of notice
(4) The written notice must include such information as may be prescribed.
Records
19. A service manager shall keep the prescribed records for the prescribed periods of time.
Annual report
20. (1) On or before the prescribed date in each year, a service manager shall give the Minister a report for the 12-month period ending on another prescribed date in that year.
Content of annual report
(2) The annual report shall contain the prescribed information and include the prescribed documents.
Other reports, etc.
(3) A service manager shall give the Minister, at the times specified by the Minister, such other reports, documents and information as the Minister requests relating to the funding and administration by the service manager of its transferred housing programs.
Form and manner
(4) The reports, documents and information mentioned in this section shall be given in the form and manner approved by the Minister.
False information
(5) A service manager shall not knowingly furnish false information in a report, document or information given to the Minister under this section.
Offence
(6) A service manager that contravenes this section is guilty of an offence and, on conviction, is liable to a fine of not more than $5,000 for each day or part of a day on which the offence occurs or continues.
Audit or investigation
21. (1) In this section, "
auditor" means a person appointed by the Minister under subsection (2).
Appointment of auditor
(2) The Minister may appoint any of the employees or agents of the Ministry to conduct an audit or investigation for the purpose of ensuring that a service manager is funding and administering its transferred housing programs as they relate to its transferred housing projects in accordance with this Act, the regulations and any applicable operating agreement.
Duty of auditor
(3) The auditor shall conduct the audit or investigation in accordance with this section and shall give the service manager notice on or before the date on which he or she begins the audit or investigation.
Duty to co-operate
(4) The service manager and its employees and agents shall co-operate in all respects with the auditor.
Restriction
(5) Nothing in subsection (4) requires a person to breach any privilege that he or she may have in law with respect to giving information, answering questions or producing documents and things.
Report must be given to service manager
(6) Within 60 days after the completion of an audit or investigation, the Minister shall prepare a report of the results of the audit or investigation and shall give a copy of the report to the service manager, unless the report has, or circumstances identified in the report have, been referred to a law enforcement agency.
Report may be given to service manager
(7) If the report has, or circumstances identified in the report have, been referred to a law enforcement agency, the Minister may give the service manager a copy of all or part of the report if the Minister is satisfied that the service manager will use it only for the purposes of the proper funding and administration of the transferred housing programs.
Notice re failure to comply
22. (1) If the Minister considers that a service manager has failed to comply with this Act or the regulations, the Minister shall give the service manager a written notice specifying,
(a)the particulars of the service manager's failure to comply;
(b)the activities that the service manager must carry out or refrain from carrying out or the course of action that the service manager must take or refrain from taking in order to avoid the exercise by the Minister of his or her remedies under subsection (3);
(c)the period within which the service manager must comply with the notice, which may not be less than 60 days from the date the notice is given;
(d)if the notice provides for the submission of a plan by the service manager, the matters that must be addressed in the plan.
Duty
(2) The service manager shall do the things specified in the Minister's notice within the time specified by the notice.
Minister's powers
(3) The Minister may take any of the following steps if the service manager fails to comply with subsection (2) or if the Minister's notice requires the service manager to submit a plan and the Minister is reasonably of the opinion that the plan, if any, submitted by the service manager is not acceptable:
1.The Minister may discontinue or suspend the distribution of federal funding to the service manager.
2.The Minister may reduce the amount of any federal funding distributed to the service manager.
3.The Minister may apply to a judge of the Superior Court of Justice for an order,
i.directing the service manager to carry out a specified activity or to take a specified course of action, in order to remedy the contravention or to ensure compliance with the provision that was contravened, or
ii.prohibiting the service manager from carrying out a specified activity or taking a specified course of action that will or is likely to result in the continuation or repetition of the contravention.
4.The Minister may take away from the service manager all or some of the service manager's duties and powers under this Act and may,
i.perform the duties and exercise the powers that were taken away, and
ii.enter into an agreement with another service manager providing for the other service manager to perform the duties and exercise the powers that were taken away.
Court order
(4) If the Minister applies to a judge of the Superior Court of Justice for an order mentioned in paragraph 3 of subsection (3), the court may make the order or any other order it considers reasonable, and the order may be enforced in the same manner as any other order or judgment of the Superior Court of Justice.
Restriction on taking away powers, etc.
(5) Despite paragraph 4 of subsection (3), the Minister cannot take away from the service manager any of its duties or powers under Part VII and cannot enter into an agreement with another service manager providing for the other service manager to perform any such duties or powers.
Access to records
(6) If the Minister takes away any of the duties and powers of a service manager under paragraph 4 of subsection (3), the service manager shall, at the request of the Minister, give all of the service manager's records and information that are relevant to the performance of those duties or the exercise of those powers to the Minister or to the other service manager which has agreed with the Minister to perform those duties and exercise those powers.
Provincial housing costs
(7) Expenses incurred by the Minister in performing the duties and exercising the powers of a service manager under paragraph 4 of subsection (3) or in paying another service manager to do so may be included in the amount of provincial housing costs determined under section 122.
part iii
Local housing corporations
Establishment and Governance
Authority to incorporate
23. (1) The Minister may incorporate corporations with share capital under the Business Corporations Act as local housing corporations, to perform the duties and exercise the powers of local housing corporations under this Act.
Status
(2) A local housing corporation is not an agent of Her Majesty for any purpose, despite the Crown Agency Act and it is not an administrative unit of the Government of Ontario.
Deeming re status
(3) A local housing corporation shall be deemed not to be a commercial enterprise for the purposes of subsection 111 (1) of the Municipal Act nor to be a local board of a service manager or of any municipality.
First directors
(4) If the articles of incorporation of a local housing corporation name as a first director an individual who is a director of a local housing authority, his or her consent to act as a first director is not required and he or she may resign as a director at any time.
Same
(5) If an individual named as a first director is unable to act or resigns on or before a date prescribed by the Minister, the Minister may appoint his or her replacement and the replacement shall be deemed not to be a first director.
Minister's powers
(6) Upon the incorporation of a local housing corporation, the Minister may do anything the board of directors is permitted to do by subsection 117 (1) of the Business Corporations Act (first directors meeting) and a by-law or a decision authorized by this subsection,
(a)need not be submitted to the shareholders of the local housing corporation for confirmation, rejection or amendment;
(b)is effective as of the date it is made;
(c)is as effective as it would have been had it been made in accordance with the Business Corporations Act\;
(d)may, in the case of a by-law, be amended or repealed in accordance with section 116 of the Business Corporations Act as if it were a by-law that had been made by resolution of the directors of the local housing corporation and confirmed by its shareholders.
First share issuance
(7) Upon the incorporation of a local housing corporation, it shall be deemed to have issued to the prescribed service manager the prescribed number of common shares for nominal consideration.
Authority to acquire shares
24. A related service manager and a related municipality are authorized to acquire common shares in the capital of a local housing corporation as a result of a share issuance, share transfer or amalgamation described in sections 25 and 26.
Restrictions on share issuance
25. (1) A local housing corporation shall not issue shares without the prior written consent of the Minister unless,
(a)they are issued to,
(i)the related service manager,
(ii)a related municipality,
(iii)a non-profit corporation controlled by the related service manager or a related municipality, but only if an object of the non-profit corporation is the provision of housing, or
(iv)a non-profit housing corporation that is incorporated under section 13 of the Housing Development Act and that is controlled by the related service manager or a related municipality; and
(b)the share issuance does not result in the related service manager owning legally or beneficially less than a majority of the issued and outstanding common shares in the capital of the local housing corporation.
Restrictions on share transfers, etc.
(2) A shareholder of a local housing corporation shall not, without the prior written consent of the Minister, transfer or encumber the shareholder's legal or beneficial ownership in shares in the capital of the local housing corporation, and the local housing corporation shall not, without the prior written consent of the Minister, permit, acquiesce in, approve, ratify, recognize or register any transfer or encumbrance of legal or beneficial ownership in shares in its capital, unless,
(a)the transfer or encumbrance is made to or in favour of,
(i)the related service manager,
(ii)a related municipality,
(iii)a non-profit corporation controlled by the related service manager or a related municipality, but only if an object of the non-profit corporation is the provision of housing, or
(iv)a non-profit housing corporation that is incorporated under section 13 of the Housing Development Act and that is controlled by the related service manager or a related municipality; and
(b)the transfer or encumbrance does not and cannot result in the related service manager owning legally or beneficially less than a majority of the issued and outstanding common shares in the capital of the local housing corporation.
Restriction on amalgamation
26. (1) A local housing corporation shall not amalgamate with another corporation without the prior written consent of the Minister unless the other corporation is,
(a)a non-profit corporation controlled by the related service manager or a related municipality, but only if an object of the non-profit corporation is the provision of housing; or
(b)a non-profit housing corporation that is incorporated under section 13 of the Housing Development Act and that is controlled by the related service manager or a related municipality.
Arrangement
(2) Despite clause 2 (3) (a) of the Business Corporations Act, a local housing corporation may amalgamate with a corporation described in clause (1) (a) or (b) by way of an arrangement described in clause 182 (1) (d) of the Business Corporations Act.
Restriction on voluntary dissolution
27. A local housing corporation shall not, without the prior written consent of the Minister, be voluntarily dissolved unless all real property that was transferred to the local housing corporation by a transfer order has been transferred to one or more of the following persons:
1.The related service manager.
2.A related municipality.
3.A non-profit corporation controlled by the related service manager or a related municipality, but only if an object of the non-profit corporation is the provision of housing.
4.A non-profit housing corporation that is incorporated under section 13 of the Housing Development Act and that is controlled by the related service manager or a related municipality.
Duty of corporation, etc.
28. A local housing corporation, its directors and its shareholders shall ensure that all articles, by-laws, resolutions, agreements and documents filed, made, confirmed, amended, entered into or signed by them do not contravene or conflict with this Act or the regulations.
Invalidity of certain actions
29. An act carried out in contravention of section 25, 26, 27 or 28 is invalid and of no force or effect.
Conflict
30. This Part prevails over the Business Corporations Act.
Activities and Operations
Agreement with Minister, etc.
31. (1) The Minister may require a local housing corporation to enter into a written agreement with the Minister or the Ontario Housing Corporation containing such terms as the Minister considers reasonable concerning the management or operation of a housing project located in the service area of the corporation's related service manager that has not been transferred to the local housing corporation by a transfer order.
Same
(2) The Minister may require a local housing corporation to enter into an agreement with him or her containing such terms as the Minister considers reasonable concerning the provision of services by the Minister to the corporation.
Agreement with another local housing corporation
(3) The Minister may require a local housing corporation to enter into an agreement with another local housing corporation containing such terms as the Minister considers reasonable concerning the exercise of the powers of a local housing corporation.
Information
(4) The Minister may require a local housing corporation to give the Minister such financial or other information with respect to the corporation as the Minister considers reasonable for the purposes of an agreement described in subsection (1), (2) or (3).
Notice of agreement
(5) The Minister may enter into an agreement described in subsection (1), (2) or (3) on behalf of the local housing corporation and shall give the corporation notice of the agreement no later than 30 days after the later of the day on which the agreement is made and the day on which the corporation is incorporated.
Pre-incorporation agreement
(6) An agreement described in subsection (1), (2) or (3) that is a pre-incorporation agreement,
(a)binds the local housing corporation without being adopted by it as described in section 21 of the Business Corporations Act\;
(b)is effective on the latest of the dates on which certificates of incorporation for the applicable local housing corporations are issued under the Business Corporations Act.
Relationship to related service manager
32. (1) The related service manager shall establish rules governing the accountability of the local housing corporation to the service manager.
Local rules
(2) The service manager's accountability rules shall address the operation and activities of the local housing corporation, including such matters as reporting requirements, budgeting and funding, the maintenance of housing projects, audits and investigations, the exchange of information and such other matters as the service manager considers appropriate to ensure the performance of the local housing corporation's duties under this Act.
Provincial rules
(3) Until the service manager establishes accountability rules, the service manager and the local housing corporation are bound by such provincial accountability rules relating to the operation and activities of the corporation as may be prescribed.
Mandatory provincial rules
(4) The service manager and the local housing corporation are bound by provincial accountability rules respecting the following matters:
1.The retention of records by the corporation and access to records by the service manager and others.
2.Such other matters as may be designated in the provincial rules as mandatory.
Same, specified housing projects
(5) The following rules apply if ownership of a housing project was transferred to the local housing corporation by a transfer order or an operating agreement for a housing project was transferred to the corporation by a transfer order and if the housing project is subject to a housing program prescribed for the purposes of this section:
1.The service manager shall pay to the local housing corporation the amounts determined in the manner prescribed by the Minister at the times specified by the Minister.
2.The local housing corporation shall comply with the provincial requirements established under section 93 respecting the matters described in clauses 93 (2) (c), (d) and (e) and with such related requirements as the service manager may establish.
3.The housing provider shall comply with the prescribed rules respecting the establishment and use of benchmarks and best practices.
Same
(6) The rules established under subsection (4) and by subsection (5) prevail over any accountability rules established by the service manager.
Extended application
(7) If a local housing corporation to which a housing project was transferred by a transfer order transfers the housing project to an entity mentioned in paragraph 3 of subsection 50 (2), this section applies as between the related service manager and the entity with respect to that housing project.
Language of services
33. If a local housing corporation provides services in an area that is designated in the Schedule to the French Language Services Act, it shall provide its services in both English and French with respect to the provision of housing.
part iv
transfer orders
Scope of Transfer Orders
Transfer orders
34. (1) The Lieutenant Governor in Council may make transfer orders,
(a)transferring assets, liabilities, rights or obligations of the Ontario Housing Corporation to a local housing corporation, a service manager or any other person;
(b)transferring employees, assets, liabilities, rights or obligations of a local housing authority to a local housing corporation, a service manager or any other person;
(c)transferring assets, liabilities, rights or obligations of the Crown in right of Ontario as represented by the Minister of Municipal Affairs and Housing, the Minister of Housing or a predecessor of either such minister to a local housing corporation, a service manager or any other person;
(d)transferring assets, liabilities, rights or obligations of the Crown in right of Ontario that are related to the administration or funding of housing programs to a local housing corporation, a service manager or any other person.
Exception
(2) A transfer order cannot relieve a transferor of a liability under the Environmental Protection Act.
Transfer of insurance
(3) Without limiting the generality of subsection (1), if a transfer order transfers an asset, a liability, a right or an obligation, it may also transfer a contract of insurance in respect of the asset, liability, right or obligation.
Execution of agreements
(4) A transfer order may require a transferor or a transferee to enter into a written agreement or execute an instrument specified in the order and to register or deliver the agreement or instrument in accordance with the order.
Other matters
(5) A transfer order may contain provisions dealing with other matters not specifically referred to in this Part that the Lieutenant Governor in Council considers necessary or advisable in connection with a transfer.
Regulations Act
(6) The Regulations Act does not apply to a transfer order.
Restrictions
35. (1) A transfer order may restrict the exercise of powers by the transferee in respect of any of the assets, liabilities, rights or obligations transferred by the transfer order.
Invalid exercise of power
(2) The exercise by a transferee of a power in contravention of a restriction imposed by this Act or the transfer order is invalid and of no force or effect.
Consent to transfer
36. (1) Subject to subsection (2), the consent of the transferor, the transferee or any other person is not required for the making of a transfer order or for a transfer specified in the transfer order to take effect.
Same
(2) The consent of the transferee is required if the transferee is a person other than a local housing corporation or a service manager.
Same
(3) If the consent of the transferor or the transferee or both to the transfer of an asset, right, obligation or liability is required under any other Act or under any agreement or instrument, the consent of each of them shall be deemed to have been given for the purposes of the other Act or the agreement or instrument no later than the effective date of the transfer.
Effective date of transfer
37. (1) A transfer order shall specify the date on which each transfer specified in the order takes effect.
Retroactive transfer
(2) A transfer order may provide that a transfer shall be deemed to have taken effect on a date that is earlier than the date the transfer order is made but not earlier than the day this section comes into force.
Sequence of events
(3) A transfer order may provide that transfers specified in the order and other transactions associated with the transfers shall be deemed to have occurred in a sequence and at times specified in the order.
Methods of describing transferred things
38. (1) A transfer order shall describe employees, assets, liabilities, rights or obligations to be transferred,
(a)by reference to specific employees, assets, liabilities, rights or obligations;
(b)by reference to a class of employees, assets, liabilities, rights or obligations; or
(c)partly in accordance with clause (a) and partly in accordance with clause (b).
Order need not specify interest or rights
(2) In transferring an interest or right of a transferor, a transfer order may, but need not, specify the interest or right that is being transferred.
Methods of describing real property
(3) A transfer order shall describe real property by,
(a)setting out a legal description in registrable form of the real property or referring to a legal description thereof contained in an instrument previously registered or deposited under the Registry Act or registered under the Land Titles Act\;
(b)setting out the municipal address of the real property;
(c)referring to the real property comprising a housing project managed by a local housing authority on behalf of the Ontario Housing Corporation on the day before the transfer takes effect, naming the local housing authority and setting out the project number;
(d)referring to the real property comprising all of the housing projects subject to a housing program or the real property comprising all of the housing projects subject to a housing program except for one or more specified housing projects, naming the housing program and describing the excepted projects, if any;
(e)any other method determined by the Minister or a person designated by the Minister; or
(f)a combination of the methods mentioned in clauses (a) to (e).
Rescission or amendment of transfer order
39. (1) At any time after making a transfer order, the Lieutenant Governor in Council may, by order,
(a)rescind the transfer order; or
(b)amend the transfer order in any way that the Lieutenant Governor in Council considers necessary or advisable, so long as the amendment does not result in the transfer order contravening this Act.
Exception, real property
(2) Despite subsection (1), the Lieutenant Governor in Council shall not make an order rescinding a transfer order that transferred real property or amending those provisions of a transfer order that relate to a transfer of real property, on or after the date on which a document recording the transfer of the real property is registered or deposited under the Registry Act or registered under the Land Titles Act.
Exception, personal property
(3) Despite subsection (1), the Lieutenant Governor in Council shall not make an order rescinding a transfer order that transferred personal property that is subject to a security interest or amending those provisions of a transfer order that relate to a transfer of such personal property, on or after the date on which the secured party,
(a)registers a financing change statement or financing statement in respect of the transferred personal property under the Personal Property Security Act that makes the transferee the debtor of record under that Act; or
(b)takes possession of the transferred personal property.
Effective date of rescission or amendment
(4) An order rescinding or amending a transfer order shall specify the date on which the rescission or each amendment specified in the order takes effect.
Retroactive rescission or amendment
(5) An order rescinding or amending a transfer order may provide that the rescission or any of the amendments shall be deemed to have taken effect on a date that is earlier than the date the rescinding or amending order is made but not earlier than the day this section comes into force.
Part applies
(6) This Part applies, with necessary modifications, to an order amending a transfer order.
Notice of Transfer orders
and of Transfers
Notice of transfer order
40. (1) Within 90 days after the date a transfer order is made, the Minister shall publish in The Ontario Gazette a notice of the making of the transfer order, naming the transferor and the transferee and specifying the date the transfer order was made.
Notice of rescission or amendment
(2) Within 90 days after the date an order is made rescinding or amending a transfer order, the Minister shall publish in The Ontario Gazette a notice of the making of the order rescinding or amending the transfer order, identifying the transfer order that was rescinded or amended and specifying the date the order rescinding or amending the transfer order was made.
Non-compliance
(3) A failure to comply with this section does not affect the validity of the transfer order or the order rescinding or amending a transfer order.
Inspection of transfer orders
41. (1) The Minister shall keep, in the prescribed place and for the prescribed period of time, a copy of each transfer order of a prescribed class and a copy of each order rescinding or amending the transfer order.
Same
(2) The Ontario Housing Corporation shall keep, in the prescribed place and for the prescribed period of time, a copy of each transfer order not required to be kept by the Minister and a copy of each order rescinding or amending the transfer order.
Same
(3) Upon request, the Minister or the Ontario Housing Corporation, as the case may be, shall permit any person to inspect the copy of a transfer order, or the copy of an order rescinding or amending a transfer order during business hours and shall permit the person to copy it at his or her expense.
Notice of transfer not required
42. (1) If a transfer order transfers a contract or a licence, permit or other right, no person is required to give notice of the transfer to the other parties to the contract or to the person who issued or granted the licence, permit or other right.
Failure to give notice not to have certain effects
(2) Subsections 48 (1) and (2) apply with necessary modifications to a failure to give notice of a transfer by a transfer order.
No liability respecting notice
(3) If a transferor or transferee gives notice of the transfer of a contract or a licence, permit or other right by a transfer order but fails to give the notice to the persons, in the manner, or as otherwise required by an Act or by the terms of the contract, licence, permit or right, the transferor or transferee giving the notice is not liable for improperly giving or failing to give the notice.
Registration requirements, real property
43. (1) Within two years after the effective date of a transfer of real property by a transfer order, the transferee shall take all such actions as are necessary to register or deposit under the Registry Act or to register under the Land Titles Act against title to the real property a document that includes the following:
1.Form 1 of Regulation 688 of the Revised Regulations of Ontario, 1990 ("Form of Documents") made under the Land Registration Reform Act that sets out the transferor and the transferee as the parties, executed by the transferee.
2.A statement executed by the transferee,
i.stating that the transferor's interest in and rights in respect of the real property were transferred to the transferee by a transfer order made by the Lieutenant Governor in Council under this Act,
ii.identifying the real property by including a legal description in registrable form of the real property,
iii.specifying the interest or rights that were transferred by the transfer order,
iv.specifying the date on which the transfer took effect, as set out in the transfer order,
v.identifying the transfer order by setting out the names of the transferor and the transferee and the date the transfer order was made or by referring to a copy of the transfer order that is attached to the document,
vi.setting out the restrictions imposed by section 50, and
vii.stating that the document meets the requirements of this Act.
Form of document
(2) The document required by subsection (1) may be prepared in a form suitable for a transfer that is submitted for electronic registration.
Registration or deposit
(3) The document required by subsection (1) may be registered or deposited and shall be accepted for registration or deposit under the Registry Act and may be registered and shall be accepted for registration under the Land Titles Act, despite any provision of those Acts.
Same
(4) Despite the Land Registration Reform Act, the document required by subsection (1) shall be accepted for registration or deposit even if the form required by paragraph 1 of subsection (1) has not been executed by or on behalf of the transferor.
Purpose of Form 1
(5) The purpose of the registration or deposit of a Form 1 under subsection (1) is solely to give notice to the public of the transfer by transfer order of the real property identified in the form.
Deeming re Planning Act
(6) If the document required by subsection (1) is registered or deposited under the Registry Act or registered under the Land Titles Act, the document shall be deemed, for the purposes of the Planning Act, to be a deed or transfer, as the case may be, containing the statements described in clauses 50 (22) (a), (b) and (c) of the Planning Act.
Registration, etc., on request
(7) If, on or after the effective date of a transfer of real property by a transfer order but before the transferee has complied with subsection (1), a person is or purports to be lawfully entitled to register or deposit a document under the Registry Act or to register a document under the Land Titles Act against title to the real property, the transferee, at the request of that person, shall take as expeditiously as possible all such actions as are necessary to register or deposit under the Registry Act or to register under the Land Titles Act a document described in subsection (1).
Effect of failure to register, etc.
(8) If, on or after the effective date of a transfer of real property by a transfer order, a person does not know that the real property has been transferred to the transferee because the transferee has not yet registered or deposited under the Registry Act or registered under the Land Titles Act a document described in subsection (1) and if, as a result of that, a right of the person against the transferee is adversely affected by the expiration of the period of time for doing something, the transferee is not entitled to raise the expiration of the period of time as a defence to a proceeding by the person.
Same
(9) If, on or after the effective date of a transfer of real property by a transfer order, the transferee has not yet registered or deposited under the Registry Act or registered under the Land Titles Act a document described in subsection (1), the transferor may take all such actions as are necessary to do so on behalf of the transferee, including making the statement described in paragraph 2 of subsection (1) on behalf of the transferee.
Liability of transferor
(10) A transferor is not liable to any person for exercising or not exercising its power under subsection (9).
Provincial housing costs
(11) Expenses incurred by the transferor in exercising its power under subsection (9) may be included in the amount of provincial housing costs determined under section 122.
Evidence
(12) A statement described in paragraph 2 of subsection (1) that is included in a document registered or deposited under this section shall be deemed to be conclusive evidence of the facts stated in it.
Registration of security interests
44. (1) If a security interest in an asset or right is perfected by registration under the Personal Property Security Act and all or part of the asset or right is subsequently transferred by a transfer order, the security interest in the transferred asset or right becomes unperfected,
(a)30 days after the effective date of the transfer if, on the effective date of the transfer, the secured party has actual notice of the transfer and has the information required to register a financing change statement under the Personal Property Security Act\; or
(b)if, on the effective date of the transfer, the secured party does not have actual notice of the transfer or does not have the information required to register a financing change statement under the Personal Property Security Act, 30 days after the day on which the secured party has actual notice of the transfer and has the information required to register a financing change statement under that Act.
Exceptions
(2) Subsection (1) does not apply to transferred collateral if the secured party registers a financing change statement under the Personal Property Security Act or takes possession of the collateral within the 30-day period.
Re-perfecting security interest
(3) A security interest that becomes unperfected under subsection (1) may be perfected again by registering a financing change statement under the Personal Property Security Act at any time during the remainder of the unexpired registration period of the financing statement or any renewal thereof.
Definitions
(4) In this section, "
collateral", "secured party" and "security interest" have the same meaning as in the Personal Property Security Act.
Effect of Transfer Orders
Binding effect
45. (1) A transfer order is binding on the transferor, the transferee and all other persons.
Limit
(2) A transfer by transfer order does not give the transferee either an interest in an asset or a right that the transferor did not have, and does not result in the transferee being entitled to such an interest or right.
Same
(3) When an asset, liability, right or obligation is transferred by a transfer order, no person other than the transferee acquires the asset, liability, right or obligation or an interest in it that the person did not have immediately before the transfer.
Vesting in and assumption by transferee
46. (1) An asset or a right that is transferred by a transfer order vests in the transferee as of the effective date specified in the transfer order and a liability or an obligation that is transferred by a transfer order shall be deemed to have been assumed by the transferee as of the effective date specified in the transfer order.
Transferor divested of asset
(2) The transfer of an asset by a transfer order divests the transferor of that asset as of the effective date specified in the transfer order.
Transferor divested of right
(3) The transfer of a right by a transfer order divests the transferor of that right as of the effective date specified in the transfer order.
Transferor released from liability or obligation
(4) The transfer of a liability or obligation by the transfer order releases the transferor from that liability or obligation as of the effective date specified in the transfer order.
Exception
(5) Despite subsection (4), the transfer by the transfer order does not release the transferor from liability for those costs relating to the transferred asset, liability, right or obligation that arose or accrued before the effective date of the transfer and that were not a provincial social housing cost under the Social Housing Funding Act, 1997 and that are not a provincial housing cost under section 122.
Action or other proceeding to be continued
by or against transferor
(6) If an action or other proceeding in respect of an asset, a liability, a right or an obligation that is transferred by a transfer order has been commenced by or against the transferor before the transfer takes effect, the action or other proceeding shall be continued by or against the transferee and, if the transferor so elects, by or against the transferor as well.
Same
(7) No order of the court is necessary for an action or other proceeding to be continued under subsection (6).
Same
(8) The title of an action or other proceeding that is continued under subsection (6) shall be amended in accordance with the written notice of the Minister in all documents issued, served or filed in the action or proceeding after the effective date of the transfer.
Conflict
(9) In the event of a conflict between this section and any other Act, this section prevails.
No representation, etc., by transferor
47. (1) Despite any other Act, a transferor does not make any covenant, representation or warranty, and no covenant, representation or warranty on the part of the transferor shall be implied or deemed to have been made, in respect of any asset, liability, right, obligation or employee transferred from the transferor by a transfer order.
No liability re state of repair
(2) A transferor is not liable to any person for the state of repair of an asset transferred by a transfer order and is not liable to any person to fix such an asset, despite a requirement otherwise imposed by another Act or a rule of law.
Transfer deemed not to have certain effects
48. (1) A transfer by a transfer order shall be deemed not to,
(a)constitute a breach, termination, repudiation or frustration of any contract or any licence, permit or other right;
(b)constitute a breach of any Act, regulation, rule or municipal by-law;
(c)constitute an event of default or force majeure;
(d)give rise to a right to terminate or repudiate any contract or any licence, permit or other right;
(e)give rise to an estoppel;
(f)give rise to any right or consequence, including an acceleration of the time for payment, that would otherwise arise upon the transfer under the terms of any contract or any licence, permit or other right; or
(g)give rise to any cause of action, grievance, claim or demand of any kind, unless explicitly contemplated by this Act.
No proceeding
(2) No action or other proceeding shall be commenced against the Crown in right of Ontario, the Ontario Housing Corporation or a local housing authority on the basis that a transfer by a transfer order constitutes or gives rise to anything mentioned in subsection (1).
Exceptions
(3) Subject to such conditions and restrictions as may be prescribed, this section does not apply to the contracts, licences, permits, rights, Acts, regulations, rules, by-laws or provisions of any of them that are prescribed.
Expropriations Act
49. If a transfer order transfers real property that has been expropriated,
(a)section 42 of the Expropriations Act (disposal of expropriated lands) does not apply to the real property, despite section 2 of that Act; and
(b)no compensation of any kind is payable to the owners from whom the real property was expropriated.
Restrictions, real property
50. (1) Any real property transferred by a transfer order cannot be transferred or mortgaged or otherwise encumbered, developed or redeveloped and an interest in the property cannot be granted or disposed of by any person without the prior written consent of the Minister.
Exception
(2) Despite subsection (1), a transferee may do the following things without the consent of the Minister:
1.Lease an individual unit in a housing project located on the real property for a term not exceeding one year.
2.Lease a part of the property that is not residential, if the transfer of the property by the transfer order has been registered as required by section 43.
3.Transfer or mortgage or otherwise encumber the property or grant or dispose of an interest in the property to or in favour of,
i.the related service manager,
ii.a related municipality,
iii.a non-profit corporation controlled by the related service manager or a related municipality, but only if an object of the non-profit corporation is the provision of housing, or
iv.a non-profit housing corporation that is incorporated under section 13 of the Housing Development Act and that is controlled by the related service manager or a related municipality.
4.Transfer or mortgage or otherwise encumber the property, develop or redevelop the property or
grant or dispose of an interest in the property if,
i.the transfer of the property by the transfer order has been registered as required by section 43, and
ii.the transaction complies with such criteria as may be prescribed.
Statement re transfer, etc.
(3) When a document is to be registered or deposited under the Registry Act or registered under the Land Titles Act in respect of a transaction described in subsection (2), it must include a statement in a form approved by the Minister containing information required by the Minister and executed by or on behalf of the transferee.
Registration or deposit
(4) The document and the statement referred to in subsection (3) may be registered or deposited and shall be accepted for registration or deposit under the Registry Act and may be registered and shall be accepted for registration under the Land Titles Act against title to the property despite any provision of those Acts.
Evidence
(5) A statement described in subsection (3) that is included in a document registered or deposited as described in that subsection shall be deemed to be conclusive evidence of the facts stated in it.
Liability of certain guarantors
51. If a liability transferred by a transfer order ("transferred liability") was guaranteed by the Crown in right of Ontario or the Ontario Housing Corporation under a written guarantee given before the effective date of the transfer, the guarantor's liability under the guarantee is not limited by the transfer of the transferred liability or the release of the transferor from the transferred liability under this Act.
Transfer of Employees
Transfer of employees
52. (1) This section applies with respect to every employee whose employment is transferred by a transfer order from a transferor to a transferee and with respect to former employees of transferors who have rights against a transferor immediately before the effective date of the transfer of employees.
Effect of transfer order
(2) Subject to the limitations set out in this section, all rights, duties and liabilities relating to all employees and former employees of a transferor that are vested in or bind the transferor immediately before the effective date of the transfer are vested in or bind the transferee instead of the transferor as of the effective date of the transfer.
Same
(3) Subsection (2) applies with respect to rights, duties and liabilities that arise under statute or contract or at common law.
Same
(4) As of the effective date of the transfer, for the purposes of the Workplace Safety and Insurance Act, 1997 the transferee shall be deemed to have been the employer of all employees and former employees of the transferor before the effective date of the transfer and the rights and duties of the transferor under that Act with respect to those employees and former employees are rights and duties of the transferee.
Same
(5) For the purposes of subsection (4), all records pertaining to a person's claim for benefits under the Workplace Safety and Insurance Act, 1997 in the custody and control of the transferor immediately before the transfer become the property of the transferee as of the effective date of the transfer.
Employee election re employment
(6) At any time before the effective date of the transfer of an employee of a local housing authority by a transfer order, the employee may elect not to accept the transfer by notifying the local housing authority in writing of that election.
Effect of election
(7) A transfer order transfers the employees described in it, other than employees who, before the effective date of their transfer, elect not to accept the transfer.
Rules applying if employee elects not to accept transfer
(8) If an employee of a local housing authority elects not to accept a transfer, the following rules apply:
1.For the purposes of an employment contract or a collective agreement, the employee shall be deemed to have resigned from employment with the local housing authority on the earlier of,
i.the employee's last day of work for the local housing authority, and
ii.immediately before the effective date of the transfer.
2.For the purposes of the Employment Standards Act, the employment of the employee shall be deemed to have been terminated by the local housing authority on the earlier of,
i.the employee's last day of work for the local housing authority, and
ii.immediately before the effective date of the transfer.
Rules applying on transfer of employees
(9) If one or more employees of a local housing authority are transferred by a transfer order, the following rules apply:
1.As of the effective date of the transfer, each transferred employee becomes an employee of the transferee and ceases to be an employee of the transferor, the transferee becomes the employer of each transferred employee, and the transferor ceases to be the employer of each transferred employee.
2.For the purposes of an employment contract, a collective agreement and the Employment Standards Act and for all other purposes, the employment of each transferred employee shall be deemed not to have been terminated and the transferred employee shall be deemed not to have been constructively dismissed.
3.For the purpose of determining probationary periods, benefits and any other employment-related entitlements under the Employment Standards Act or any other Act or under an employment contract, the employment of each transferred employee with the transferor shall be deemed to be employment with the transferee and not to be employment with the transferor, and the transfer shall be deemed not to have caused an interruption of the employee's service.
4.Subject to paragraphs 5 to 13, the terms and conditions of employment that are vested in or bind the transferor, a transferred employee and the bargaining agent immediately before the effective date of the transfer shall be deemed to be vested in or bind the transferee and the transferred employee as of the effective date of the transfer.
5.No decision of an arbitrator, a board of arbitration or a tribunal issued on or after the effective date of the transfer can have the effect of retroactively amending the terms and conditions of employment that were vested in or bound the transferor, a transferred employee and the bargaining agent immediately before the effective date of the transfer.
6.Paragraph 5 does not prohibit an arbitrator, a board of arbitration or a tribunal from reinstating to the employment of the transferee an employee who was dismissed by the transferor before the effective date of the transfer.
7.The transferee shall be deemed to be in compliance with the terms and conditions by which it is deemed to be bound under paragraph 4 in respect of coverage for insured benefits, if the transferee provides coverage to the transferred employee that is similar to the coverage provided by the transferor to the transferred employee immediately before the effective date of the transfer.
8.If, immediately before the effective date of the transfer, a collective agreement is in force between the transferor and a trade union representing any of the transferred employees, those provisions of the collective agreement that could not apply to an employment relationship in the absence of union representation, including provisions dealing with the payment of union dues and provisions dealing with the filing, processing or arbitration of grievances, shall not be deemed to be vested in or bind the transferee.
9.Subject to paragraph 10, a trade union that has bargaining rights in respect of any of the transferred employees immediately before the effective date of the transfer ceases, as of the effective date of the transfer, to have any rights, interests, registrations, duties or liabilities under the Crown Employees Collective Bargaining Act, 1993 or under any collective agreement between the transferor and the trade union.
10.A trade union that has bargaining rights in respect of any of the transferred employees immediately before the effective date of the transfer continues to represent the transferred employees for the purpose of proceedings before the Ontario Labour Relations Board and grievances, as described in paragraph 11.
11.If a grievance is filed by or on behalf of a transferred employee against the transferor, or a grievance is filed by or on behalf of the transferor, or a proceeding before the Ontario Labour Relations Board is commenced by or on behalf of a transferred employee against the transferor, or a proceeding before the Ontario Labour Relations Board is commenced by or on behalf of the transferor, before the effective date of the transfer, and the grievance or proceeding is not resolved before that date,
i.the grievance or proceeding is continued by or against the transferee,
ii.all rights, obligations and liabilities of the employer as a result of the grievance or proceeding vest in or bind the transferee and not the transferor, except as otherwise specified by paragraph 5,
iii.upon the resolution of the grievance or proceeding, the transferee does not have any obligations to a trade union or to the transferred employees under the Crown Employees Collective Bargaining Act, 1993 or under a collective agreement between the transferor and a trade union, and
iv.upon the resolution of all grievances and proceedings under this paragraph, a trade union that had the right under paragraph 10 to continue to represent transferred employees for the purpose of such grievances and proceedings ceases to have any such right.
12.No transferred employee, and no trade union that represents a transferred employee immediately before the effective date of the transfer, has the right on or after the effective date of the transfer to file a grievance under the collective agreement that is in force immediately before the effective date of the transfer with respect to any matter, regardless of whether the matter arose before or arises on or after the effective date of the transfer.
13.Paragraph 12 does not limit the rights or duties of a trade union that acquires bargaining rights in respect of any of the transferred employees on or after the effective date of the transfer, as contemplated by clause (10) (c), to represent its members.
Future changes
(10) If one or more employees of a local housing authority are transferred by a transfer order, nothing in this Act prevents,
(a)the employment of a transferred employee from being terminated by the transferee on or after the effective date of the transfer;
(b)a term or condition of the employment of a transferred employee from being changed by the transferee on or after the effective date of the transfer; or
(c)a trade union from acquiring bargaining rights in respect of any of the transferred employees on or after the effective date of the transfer by becoming certified under the Labour Relations Act, 1995 as the bargaining agent of employees of the transferee or by being voluntarily recognized as the bargaining agent of employees of the transferee.
Pension plan
(11) A transferee to whom employees have been transferred by a transfer order shall provide the transferred employees with pension benefits under the Ontario Municipal Employees Retirement System and, for that purpose, the transferee shall be deemed to be an employer for the purposes of the Ontario Municipal Employees Retirement System Act and shall be deemed to have elected to participate in the Ontario Municipal Employees Retirement System the effective date of the transfer.
Transfer of Motor Vehicles, etc.
Transfer of motor vehicles, trailers
53. (1) If a transfer order transfers ownership of a motor vehicle or trailer from a transferor to a local housing corporation,
(a)for the purposes of Part II of the Highway Traffic Act,
(i)the transfer order shall be deemed not to effect a change in the ownership of the motor vehicle or trailer,
(ii)the transfer order shall be deemed to effect a change in the name of the owner from the name of the transferor to the name of the local housing corporation, and
(iii)a written statement described in subsection (4) made by an officer of the local housing corporation shall be deemed to be sufficient evidence of the change in name;
(b)the requirement in subsection 9 (2) of that Act that a notice be filed by the owner shall be deemed to be a requirement that the notice be filed by the local housing corporation; and
(c)the requirement in subsection 9 (2) of that Act that the notice be filed within six days shall be deemed to be a requirement that the notice be filed within 30 days.
Same
(2) If a transfer order transfers a leasehold interest in a motor vehicle or trailer from a transferor to a local housing corporation,
(a)for the purposes of Part II of the Highway Traffic Act,
(i)the transfer order shall be deemed not to effect a change in the lessee of the motor vehicle or trailer,
(ii)the transfer order shall be deemed to effect a change in the name of the lessee from the name of the transferor to the name of the local housing corporation, and
(iii)a written statement described in subsection (4) made by an officer of the local housing corporation shall be deemed to be sufficient evidence of the change in name;
(b)the requirement in subsection 9 (3) of that Act that a notice be filed by the lessee shall be deemed to be a requirement that the notice be filed by the local housing corporation; and
(c)the requirement in subsection 9 (3) of that Act that the notice be filed within six days shall be deemed to be a requirement that the notice be filed within 30 days.
Same
(3) For greater certainty, for the purposes of any part of the Highway Traffic Act other than Part II,
(a)if a transfer order transfers ownership of a motor vehicle or trailer from a transferor to a local housing corporation,
(i)the transfer order does effect a change in the ownership of the motor vehicle or trailer, and
(ii)the local housing corporation shall be deemed to be the owner as of the effective date of the transfer; and
(b)if a transfer order transfers a leasehold interest in a motor vehicle or trailer from a transferor to a local housing corporation,
(i)the transfer order does effect a change in the lessee of the motor vehicle or trailer, and
(ii)the local housing corporation shall be deemed to be the lessee as of the effective date of the transfer.
Evidence of change of name
(4) The written statement referred to in subclauses (1) (a) (iii) and (2) (a) (iii) must indicate that the ownership of, or the leasehold interest in, the motor vehicle or trailer was transferred to the local housing corporation by a transfer order and state the effective date of the transfer.
Other transfers of vehicles
(5) If a transfer order transfers ownership of a motor vehicle or trailer to a transferee other than a local housing corporation, the reference in subsections 11 (2) and (4) of the Highway Traffic Act to six days shall be deemed to be a reference to 30 days.
Definitions
(6) In this section, "
motor vehicle" and "trailer" have the same meaning as in the Highway Traffic Act.
Motor vehicle insurance
54. (1) If a transfer order transfers from a transferor to a local housing corporation ownership of, or a leasehold interest in, a motor vehicle together with the contract of automobile insurance under which the motor vehicle is insured,
(a)the insurance card for the motor vehicle issued in the name of the transferor under section 6 of the Compulsory Automobile Insurance Act shall be deemed to be issued in the name of the local housing corporation as of the effective date of the transfer of the contract of automobile insurance; and
(b)within six days after receiving notice of the transfer of the contract of automobile insurance, the insurer shall issue, or cause its agent to issue, an insurance card in the name of the local housing corporation.
Penalties for insurer
(2) Sections 14 and 14.1 of the Compulsory Automobile Insurance Act apply to a contravention by an insurer of clause (1) (b).
Definitions
(3) In this section, "
agent", "automobile insurance", "insurance card", "insurer" and "motor vehicle" have the same meaning as in the Compulsory Automobile Insurance Act.
Transfer of Documents and
Disclosure of Records
Transfer of documents
55. (1) In this section, "
archival document" means a provincial document identified to be transferred to the Archives of Ontario under a recorded information schedule approved by the Archivist under the Archives Act\; ("document d'archives") "
provincial document" means a record that belongs to the Ministry, the Ontario Housing Corporation or a local housing authority and that relates to,
(a)a housing program the responsibility for the funding and administration of which is being transferred to a service manager under section 10, or
(b)any employee, asset, liability, right or obligation that is being transferred by a transfer order. ("document provincial")
Transfer of archival documents
(2) An archival document shall not be transferred out of the custody or control of the Ministry, the Ontario Housing Corporation or a local housing authority except to be transferred to the Archives of Ontario.
Same
(3) Despite subsection (2), such archival documents or classes of archival documents as may be prescribed may be transferred to a transferee or a service manager by a transfer order or otherwise.
Right to obtain copies
(4) A service manager is entitled to receive, upon request to the holder, a copy of an archival document that relates to a housing program the responsibility for the funding and administration of which has been transferred to the service manager under section 10.
Same
(5) A transferee is entitled to receive, upon request to the holder, a copy of an archival document that relates to any employee, asset, liability, right or obligation that has been transferred to the transferee by a transfer order.
Exception
(6) Subsections (4) and (5) do not apply with respect to such archival documents or classes of archival documents as may be prescribed.
Transfer of non-archival documents
(7) A provincial document that is not an archival document may be transferred to a transferee or a service manager, by a transfer order or otherwise.
Retention
(8) A person to whom a provincial document is transferred under subsection (7) shall retain it for at least the period of time specified in the applicable recorded information schedule approved by the Archivist before its transfer.
Delivery of copy
(9) A person having custody or control of a record that was a provincial document and was transferred to the person shall give a copy of the record to the Ministry or the Ontario Housing Corporation, upon its written request.
Disclosure of other records
56. In addition to the transfer of provincial documents under section 55, the Minister, the Ontario Housing Corporation or a local housing authority may disclose, or require the disclosure of, any record in its custody or under its control,
(a)to a service manager, for the purposes of,
(i)facilitating the transfer to the service manager of responsibility for funding and administering housing programs under section 10, or
(ii)enabling the service manager to assume the responsibility transferred to it and to perform its duties, and exercise its powers, under this Act;
(b)to a transferee, for the purposes of,
(i)facilitating the transfer to the transferee of any assets, rights, liabilities, obligations or employees by a transfer order, or
(ii)enabling the transferee to deal with the assets, rights, liabilities, obligations and employees transferred to it and to assume responsibility with respect to those assets, rights, liabilities, obligations and employees; or
(c)to a local housing corporation for the purpose of enabling it to assume any of the responsibilities of a local housing authority, including responsibilities with respect to former employees of a local housing authority.
Effect of transfer or disclosure
57. If a record is transferred under subsection 55 (7) or disclosed under section 56 to a service manager or a transferee,
(a)any information exempt from disclosure under subsection 17 (1) of the Freedom of Information and Protection of Privacy Act shall be deemed to be information to which subsection 10 (1) of the Municipal Freedom of Information and Protection of Privacy Act applies;
(b)section 9 of the Municipal Freedom of Information and Protection of Privacy Act does not apply to confidential information that is transferred or disclosed, unless the person who transferred or disclosed the information specifies in writing that that section is to apply; and
(c)if a consent to release any information in the record was given to the person who had custody or control of the record before its transfer or disclosure, the consent shall be deemed to have been given, after the transfer or disclosure of the record, to the person to whom the record is transferred or disclosed.
General
Part prevails
58. This Part prevails over any general or special Act or any rule of law including an Act or rule of law that requires notice or registration of transfers.
Right of action
59. An action or other proceeding shall not be commenced against a transferee in respect of an asset, a liability, a right or an obligation that has been transferred to the transferee by a transfer order if, had there been no transfer, the time for commencing the action or other proceeding would have expired.
Legislation from which certain transfers exempt
60. (1) Subject to such conditions and restrictions as may be prescribed, the following Acts, regulations or
provisions of Acts or regulations do not apply to the transfers referred to in subsection (2):
1.Assignments and Preferences Act.
2.Bulk Sales Act.
3.Environmental Assessment Act.
4.Fraudulent Conveyances Act.
5.Land Transfer Tax Act.
6.Retail Sales Tax Act.
7.Such other Acts or provisions of Acts as may be prescribed.
8.Such regulations or provisions of regulations as may be prescribed.
Exempt transfers
(2) Subsection (1) applies to the following transfers:
1.A transfer of an asset, a liability, a right or an obligation by a transfer order.
2.A transfer of an asset, a liability, a right or an obligation that was transferred to a local housing corporation by a transfer order if the transfer is from the local housing corporation to,
i.the related service manager,
ii.a related municipality,
iii.a non-profit corporation controlled by the related service manager or a related municipality, but only if an object of the non-profit corporation is the provision of housing, or
iv.a non-profit housing corporation that is incorporated under section 13 of the Housing Development Act and that is controlled by the related service manager or a related municipality.
3.Such other transfers as may be prescribed.
Transfers after transfer order
61. (1) If a transfer of real property described in paragraph 2 of subsection 60 (2) is made before documents relating to the transfer of the property to the transferee are registered or deposited under the Registry Act or registered under the Land Titles Act in accordance with section 43, the person to whom the property is transferred as described in that paragraph may execute any document and shall perform any duty of the transferee under section 43.
Same
(2) If a local housing corporation transfers to an entity mentioned in a subparagraph of paragraph 2 of subsection 60 (2) pursuant to an agreement all of the assets, liabilities, rights and obligations that were transferred to the local housing corporation by a transfer order,
(a)all of the restrictions and conditions that applied to the transfer to the local housing corporation by the transfer order apply to the transfer by the local housing corporation; and
(b)subsection 34 (3), section 36, subsections 46 (2), (3), (4) and (9), section 48, subsection 50 (1) and paragraphs 1, 2 and 4 of subsection 50 (2) apply, with necessary modifications, to the transfer by the local housing corporation.
Same
(3) Subsection 34 (3), section 36, subsections 46 (2), (3), (4) and (9), section 48, subsection 50 (1) and paragraphs 1, 2 and 4 of subsection 50 (2) apply, with necessary modifications, to a transfer by an entity mentioned in subparagraph 2 iii or iv of subsection 60 (2) pursuant to an agreement of all of its assets, liabilities, rights and obligations to a local housing corporation in the same service area.
part v
eligibility for assistance
Interpretation
Definition
62. In this Part, "
designated housing project" means, with respect to a service manager, a housing project located in the service manager's service area that is subject to a housing program prescribed for the purposes of this Part.
Supportive housing provider
63. A provision of this Part that applies to a supportive housing provider applies to the supportive housing provider only with respect to the units that are special needs housing in the housing projects operated by it.
Service manager, supportive housing provider
or lead agency
64. Where subsection 71 (1) or (2), 72 (1), (2), (4) or (5), 73 (1), (2), (3) or (4), 74 (1), (2), (3), (4) or (5), 82 (2) or 90 (2) or (5) refers to a service manager, supportive housing provider or lead agency, it shall be interpreted in accordance with the following rules:
1.If a lead agency is designated for the service area, the provision shall be deemed to apply only to the lead agency, and not to the service manager or a supportive housing provider.
2.If a lead agency is not designated for the service area and a regulation is in force specifying that the provision applies to a supportive housing provider, the provision shall be deemed to apply only to a supportive housing provider, and not to the service manager or lead agency.
3.If a lead agency is not designated for the service area and no regulation is in force specifying that the provision applies to a supportive housing provider, the provision shall be deemed to apply only to the service manager, and not to a supportive housing provider or lead agency.
Eligibility for Rent-geared-to-Income Assistance
Application for assistance
65. (1) A member of a household who wishes to receive rent-geared-to-income assistance for a unit in a designated housing project may apply to the service manager and shall do so in accordance with this section.
Same
(2) The application must contain such information and documents as may be prescribed or as may be required by the service manager and must be submitted in a form approved by the service manager.
Eligibility for assistance
66. (1) A service manager shall determine whether a household that applies for rent-geared-to-income assistance for a unit in a designated housing project of the service manager is eligible for it.
Same, continued eligibility
(2) The service manager shall periodically determine whether each household paying geared-to-income rent for a unit in a designated housing project of the service manager continues to be eligible for rent-geared-to-income assistance.
Eligibility rules
(3) The decisions required by this section shall be made in accordance with such eligibility rules as may be established under this Act.
Duty
(4) A service manager shall ensure that rent-geared-to-income assistance is paid only in respect of households that are eligible for it.
Notice to household
(5) The service manager shall give written notice to the household of its decisions under this section, and shall do so in accordance with such requirements as may be prescribed.
Notice to housing provider
(6) If a decision under this section affects a housing provider operating a designated housing project, the service manager shall also notify the housing provider about the decision.
Type of accommodation
67. (1) A service manager shall determine what type of accommodation is permissible for a household that applies for rent-geared-to-income assistance for a unit in a designated housing project of the service manager.
Same
(2) A service manager shall periodically determine whether the accommodation occupied by a household paying geared-to-income rent in a designated housing project of the service manager continues to be permissible accommodation for the household.
Occupancy standards
(3) The service manager shall make the decisions required by this section in accordance with such occupancy standards as may be established under this Act.
Notice to household
(4) The service manager shall give written notice to the household of its decisions under this section, and shall do so in accordance with such requirements as may be prescribed.
Notice to housing provider
(5) If a decision under this section affects a housing provider operating a designated housing project, the service manager shall also notify the housing provider about the decision.
Waiting lists for units
68. (1) A service manager shall establish and administer one or more waiting lists for rent-geared-to-income units in its designated housing projects, and shall do so in accordance with such requirements as may be prescribed.
Waiting list for each housing project
(2) If a centralized waiting list is established for all designated housing projects in a service area, the service manager shall maintain a subsidiary waiting list for each of the designated housing projects.
Eligibility
(3) A household is eligible to be included on a waiting list if the service manager has determined that the household is eligible for rent-geared-to-income assistance in a designated housing project of the service manager and if the household is awaiting accommodation in, or a transfer to, such a housing project.
Category
(4) The service manager shall determine what category within a waiting list the household is to be included in, and shall do so in accordance with such requirements as may be prescribed.
Rank
(5) The service manager shall rank the households on the waiting list or lists, and shall do so in accordance with such priority rules as may be established under this Act.
Notice to household
(6) The service manager shall give written notice to a household about whether the household is included on a waiting list and what category the household is listed in, and shall do so in accordance with such requirements as may be prescribed.
Notice to housing provider
(7) If a decision under this section affects a housing provider operating a designated housing project, the service manager shall also notify the housing provider about the decision.
Amount of geared-to-income rent
69. (1) A service manager shall determine the amount of geared-to-income rent payable by each household that is eligible for rent-geared-to-income assistance in a designated housing project and that occupies a unit in such a housing project.
Manner of determination
(2) The determination shall be made in accordance with such standards as may be prescribed.
Notice to household
(3) The service manager shall give written notice to the household of its decision under this section, and shall do so in accordance with such requirements as may be prescribed.
Notice to housing provider
(4) If a decision under this section affects a housing provider operating a designated housing project, the service manager shall also notify the housing provider about the decision.
Deferral of geared-to-income rent
70. (1) A household receiving rent-geared-to-income assistance may apply to the service manager for a deferral of all or part of the rent payable by the household.
Application
(2) The application must be made in accordance with such requirements as may be prescribed.
Decision
(3) The service manager may defer payment of all or part of the rent payable by the household and may do so in such circumstances as may be prescribed and in accordance with such criteria as may be prescribed.
Notice to household
(4) The service manager shall give written notice to the household of its decision respecting the deferral, and shall do so in accordance with such requirements as may be prescribed.
Notice to housing provider
(5) If a decision under this section affects a housing provider operating a designated housing project, the service manager shall also notify the housing provider about the decision.
Eligibility for Special Needs Housing
Application for special needs housing
71. (1) A member of a household who wishes to have special needs housing in a designated housing project of a service manager may apply in accordance with this section to the service manager, to a supportive housing provider or, if a lead agency is designated for the service area, to the lead agency.
Same
(2) The application must contain such information and documents as may be prescribed or as may be required by the service manager, supportive housing provider or lead agency and must be submitted in a form approved by the service manager, supportive housing provider or lead agency.
Eligibility for special needs housing
72. (1) A service manager, supportive housing provider or lead agency, as the case may be, shall determine whether a household that applies for special needs housing in a designated housing project of the service manager is eligible for it.
Same, continued eligibility
(2) The service manager, supportive housing provider or lead agency shall periodically determine whether each household occupying special needs housing in a designated housing project of the service manager continues to be eligible for it.
Eligibility rules
(3) The decisions required by this section shall be made in accordance with such eligibility rules as may be established under this Act for special needs housing.
Duty
(4) A service manager, supportive housing provider or lead agency shall ensure that special needs housing is given to only those households that are eligible for it.
Notice to household
(5) The service manager, supportive housing provider or lead agency shall give written notice to the household of its decisions under this section, and shall do so in accordance with such requirements as may be prescribed.
Notice to housing provider
(6) If a decision by a service manager or lead agency under this section affects a housing provider operating a designated housing project, the service manager or lead agency shall also notify the housing provider about the decision.
Type of accommodation
73. (1) If a household applies for special needs housing and rent-geared-to-income assistance in a designated housing project of a service manager, the service manager, supportive housing provider or lead agency, as the case may be, shall determine what type of accommodation is permissible for the household.
Same
(2) The service manager, supportive housing provider or lead agency shall periodically determine whether the accommodation occupied by a household residing in special needs housing in a designated housing project of the service manager and paying geared-to-income rent continues to be permissible accommodation for the household.
Occupancy standards
(3) The service manager, supportive housing provider or lead agency shall make the decisions required by this section in accordance with such occupancy standards as may be established under this Act.
Notice to household
(4) The service manager, supportive housing provider or lead agency shall give written notice to the household of its decisions under this section, and shall do so in accordance with such requirements as may be prescribed.
Notice to housing provider
(5) If a decision by a service manager or lead agency under this section affects a housing provider operating a designated housing project, the service manager or lead agency shall also notify the housing provider about the decision.
Non-application of s. 67
(6) Section 67 does not apply if this section applies.
Waiting lists for special needs housing
74. (1) A service manager, supportive housing provider or lead agency, as the case may be, shall establish and administer one or more waiting lists for special needs housing in the designated housing projects of the service manager, and shall do so in accordance with such requirements as may be prescribed.
Eligibility
(2) A household is eligible to be included on a waiting list if the service manager, supportive housing provider or lead agency has determined that the household is eligible for special needs housing in a designated housing project of the service manager and if the household is awaiting accommodation in, or a transfer to, such a housing project.
Category
(3) The service manager, supportive housing provider or lead agency shall determine what category within a waiting list the household is to be included in, and shall do so in accordance with such requirements as may be prescribed for special needs housing.
Rank
(4) The service manager, supportive housing provider or lead agency shall rank the households on the waiting list or lists, and shall do so in accordance with such priority rules as may be established under this Act with respect to special needs housing.
Notice to household
(5) The service manager, supportive housing provider or lead agency shall give written notice to a household about whether the household is included on a waiting list and what category the household is listed in, and shall do so in accordance with such requirements as may be prescribed.
Notice to housing provider
(6) If a decision by a service manager or lead agency under this section affects a housing provider operating a designated housing project, the service manager or lead agency shall also notify the housing provider about the decision.
Provision of information
(7) A service manager shall, in accordance with such requirements as may be prescribed, provide applicants for special needs housing with information pertaining to the availability of special needs housing in its service area.
Request for information
(8) A service manager may request supportive housing providers and lead agencies in its service area to provide it with such information as it considers necessary to enable it to provide the information referred to in subsection (7), and each supportive housing provider and lead agency shall comply with such a request.
Eligibility Rules, Occupancy Standards
and Priority Rules
Eligibility rules
75. (1) Eligibility rules shall be established under this Part for the purpose of determining whether a household is eligible to receive or to continue to receive rent-geared-to-income assistance.
Same, special needs housing
(2) Eligibility rules shall be established under this Part for the purpose of determining whether a household is eligible to occupy or to continue to occupy special needs housing.
Particulars
(3) The following rules may be included among the eligibility rules:
1.A rule providing that a household may or must be determined eligible if the household belongs to a specified class or meets specified requirements or conditions or if specified circumstances exist.
2.A rule providing that a household may or must be determined ineligible, or ineligible for a specified period of time, if the household belongs to a specified class or fails to meet specified requirements or conditions or if specified circumstances exist.
3.A rule providing that a household must be deemed to be eligible, or eligible for a specified period of time, despite any other eligibility rule, if the household belongs to a specified class or meets specified requirements or conditions or if specified circumstances exist.
4.A rule specifying a ground on which a household may not be determined ineligible.
5.A rule specifying how a household's income must be calculated and verified.
6.A rule specifying how a household's assets must be calculated and verified.
7.A rule specifying when eligibility determinations and re-determinations must be made.
8.A rule respecting the consequences of a determination of ineligibility, including a rule providing that rent-geared-to-income assistance may or must be refused or cancelled, a rule providing that rent-geared-to-income assistance may or must be suspended for a specified period of time, and a rule specifying other consequences that service managers or housing providers may or must implement.
9.A rule respecting the re-application for rent-geared-to-income assistance following a determination of ineligibility.
10.A rule respecting the reinstatement of rent-geared-to-income assistance following a period of suspension.
11.A rule providing for transitional matters in connection with the implementation of an eligibility rule.
Provincial rules
(4) Provincial eligibility rules with respect to transferred housing projects may be established by regulation.
Local rules
(5) A service manager may establish local eligibility rules dealing with such matters as may be prescribed, and those eligibility rules take effect on the date specified by the service manager.
Same
(6) In establishing local eligibility rules, a service manager shall comply with such requirements as may be prescribed.
Same
(7) Local eligibility rules apply in addition to the provincial eligibility rules.
No residency criterion
(8) A local eligibility rule cannot specify that a household is ineligible for rent-geared-to-income assistance just because the household resides outside the service manager's service area at any time before the household occupies a unit within the service area.
No time limit on assistance
(9) A local eligibility rule cannot limit the period of time for which rent-geared-to-income assistance may be paid in respect of a household.
Occupancy standards
76. (1) Occupancy standards shall be established under this Part for the purpose of determining the size and type of unit in respect of which a household with prescribed characteristics is eligible to receive rent-geared-to-income assistance.
Same
(2) Occupancy standards may take into consideration the number and type of rooms in a unit, the number of members in the household, the age and gender of each member, the relationship of each member to the others, space for equipment or support services and other factors.
Provincial standards
(3) Provincial occupancy standards for transferred housing programs may be established by regulation.
Local standards
(4) A service manager shall establish local occupancy standards for such transferred housing programs as may be prescribed for the purposes of this section, and shall do so within the prescribed period of time.
Deemed local standards
(5) If the service manager does not establish local occupancy standards for a housing program within the prescribed period of time, the service manager shall be deemed to have established local standards that are identical to the provincial occupancy standards for the program.
Effective date
(6) Local occupancy standards take effect on the date specified by the service manager.
Non-application of provincial standards
(7) When local occupancy standards are established or are deemed to be established for a transferred housing program, the provincial occupancy standards cease to apply to it.
Priority rules
77. (1) Priority rules shall be established under this Part for the purpose of determining the ranking of households on waiting lists.
Particulars
(2) The following rules may be included in the priority rules:
1.A rule respecting how a household or class of household must be ranked.
2.A rule respecting how a household or a class of household must not be ranked.
3.A rule providing for transitional matters in connection with the implementation of a priority rule.
Provincial rules
(3) Provincial priority rules for transferred housing programs may be established by regulation.
Local rules
(4) A service manager may establish local priority rules for rent-geared-to-income assistance and the local rules take effect on the date specified by the service manager.
Same
(5) Local priority rules apply in addition to the provincial priority rules.
Factors to be considered
(6) In establishing local priority rules, a service manager shall take into consideration the length of time a household has been on a waiting list and the need to relieve the hardship or economic disadvantage of persons or groups.
No residency criterion
(7) A priority rule cannot rank one household in priority to another household just because the former resides within the applicable service manager's service area and the latter does not.
Invalidity
78. (1) An application procedure or a local eligibility rule, occupancy standard or priority rule that contravenes this Act or a regulation is invalid and of no force or effect.
Conflict
(2) In the event of a conflict between this Act or a regulation and a local eligibility rule or a local priority rule, this Act or the regulation prevails.
Public inspection of rules
79. Upon request, a service manager shall make available a copy of the application procedures, local eligibility rules, local occupancy standards and local priority rules for inspection by any person during normal business hours at a place designated by the service manager and the person may copy them at his or her own expense.
Decisions and Internal Review
Opportunity to comment
80. Before a service manager, supportive housing provider or lead agency makes a decision that is adverse to a household and that may be reviewed under section 82, it shall, subject to such restrictions and requirements as may be prescribed, give the members of the household an opportunity to comment on any information that, in the opinion of the decision-maker, may form a significant basis for the decision.
Notice to household
81. (1) When giving a household notice of a decision that may be reviewed under section 82, the service manager, supportive housing provider or lead agency shall tell the household that any member of the household is entitled to request a review, and shall include information on how to make such a request and the deadline for doing so.
Notice to housing provider
(2) The service manager or lead agency shall notify the housing provider of any decision that may affect the housing provider and that may be reviewed under section 82 and of the review process available to members of a household in respect of the decision.
Same
(3) If a member of a household requests a review under section 82 of a decision that may affect a housing provider, the service manager or lead agency shall notify the housing provider of the details of the request.
Internal review
82. (1) A member of a household may request an internal review of any of the following decisions of a service manager, supportive housing provider or lead agency:
1.A decision that the household is ineligible for rent-geared-to-income assistance.
2.A decision that the household is ineligible for special needs housing.
3.A decision respecting the type of accommodation in which the household may be accommodated.
4.A decision respecting the category into which the household has been placed on a waiting list.
5.A decision respecting the amount of geared-to-income rent payable by the household.
6.A decision respecting a deferral of geared-to-income rent payable by the household.
Request for internal review
(2) The request for an internal review must be made in accordance with such requirements as may be prescribed or, if none are prescribed, in accordance with such requirements as may be established by the service manager, supportive housing provider or lead agency.
Conduct of review
83. (1) An internal review
must be conducted in accordance with such requirements as may be prescribed.
Same
(2) The Statutory Powers Procedure Act does not apply to an internal review.
When decision takes effect
84. (1) A decision by a service manager under section 66, 67, 68, 69, 72, 73 or 74 or a decision of a supportive housing provider or lead agency under section 72, 73 or 74 is effective from the date specified by the service manager, supportive housing provider or lead agency, whether that date is before, on or after the date the decision was made.
When non-reviewable decision is final
(2) A decision that is not reviewable by an internal review is final when it is made.
When reviewable decision is final
(3) A decision that is reviewable by an internal review is final when the prescribed period for requesting the internal review expires, if no internal review is requested within that period.
When reviewer's decision is final
(4) A decision of a person conducting an internal review is final when it is made.
Administration
Prohibition re obtaining assistance
85. (1) No member of a household shall knowingly obtain or receive rent-geared-to-income assistance for which the household is not eligible under this Act.
Same
(2) A person shall not knowingly aid or abet a member of a household to obtain or receive rent-geared-to-income assistance for which the household is not eligible under this Act.
Penalty
(3) A person who contravenes subsection (1) or (2) is guilty of an offence and, on conviction, is liable to a fine of not more than $5,000 or to imprisonment for a term of not more than six months or to both.
Reimbursement of service manager
86. (1) If a household pays geared-to-income rent at a lower rate than the rate to which the household is entitled under this Part, the service manager may request that the household reimburse the service manager for the excess amount of rent-geared-to-income assistance paid on behalf of the household.
Joint and several liability
(2) If the service manager requests a household to reimburse the service manager, the members of the household who are parties to the lease or the occupancy agreement for the unit are jointly and severally liable to pay the amount owing to the service manager.
Amount
(3) The amount to be paid to the service manager shall be determined in accordance with such requirements as may be prescribed.
Collection of amount owing
(4) The service manager may collect the amount owing by increasing the amount of the geared-to-income rent payable by the household or by any other means available at law.
Same
(5) If the service manager increases the amount of geared-to-income rent in order to collect the amount owing, the amount of the increase cannot exceed such percentage of the existing geared-to-income rent as may be prescribed and the increase is effective just until the amount owing is paid.
Notice of increase
(6) The service manager shall not increase the amount of the geared-to-income rent under this section until the service manager gives written notice of the increase to the household, in accordance with such requirements as may be prescribed.
Same
(7) Sections 127 and 128 of the Tenant Protection Act, 1997 do not apply with respect to a rent increase authorized by this section.
Agreement prohibited
87. A service manager shall not enter into an agreement providing for another person to establish local eligibility rules, local occupancy standards or local priority rules, and any such agreement is invalid and of no force or effect.
Designation of lead agencies
88. (1) The Lieutenant Governor in Council may designate one or more persons to act as a lead agency within the service area of a service manager for the purpose of administering access to special needs housing by such classes of household as the designation specifies, and the designation must be made in accordance with such requirements as may be prescribed.
Notice
(2) The Minister shall give written notice to the applicable service manager and to affected housing providers of the designation of a lead agency for the service area.
Transfer of duties, etc.
(3) When making a designation, the Lieutenant Governor in Council may transfer such rights and duties of a service manager as the Lieutenant Governor in Council considers appropriate with respect to the provision of special needs housing,
(a)from a service manager to a lead agency or from a lead agency to a service manager;
(b)from one lead agency to another lead agency.
Same
(4) A transfer under subsection (3) takes effect on the date specified by the Lieutenant Governor in Council.
Notice of transfer
(5) The Minister shall give written notice to the affected parties of a transfer of rights and duties under subsection (3).
Referral agreements
89. (1) In this section, "
referral agreement" means an agreement entered into by a housing provider before the date of the transfer of responsibility for a housing project under section 10 in which the housing provider gives a right to another person to control access to special needs housing within the housing project.
Termination
(2) If the Minister, after consulting with the parties to a referral agreement, forms the opinion that the agreement should be terminated, the Lieutenant Governor in Council may make a regulation terminating the agreement on the date prescribed in the regulation.
Amendment
(3) After consulting with the parties to a referral agreement, the Minister or the service manager may amend a referral agreement if the amendments are made in accordance with the prescribed rules.
Application procedures
90. (1) A service manager shall establish procedures governing applications for rent-geared-to-income assistance.
Same
(2) A service manager, supportive housing provider or lead agency, as the case may be, shall establish procedures governing applications for special needs housing.
Transition
(3) The application procedures may include rules providing for transitional matters in connection with the procedures.
Effective date
(4) The application procedures take effect on the day specified by the service manager, supportive housing provider or lead agency.
Special needs housing
(5) In establishing application procedures for special needs housing, the service manager, supportive housing provider or lead agency shall comply with such regulations as may be made by the Minister governing their establishment.
part vi
Operating Framework - certain transferred housing programs
Application Upon Termination of
Operating Agreements
Termination of operating agreements
91. (1) Every operating agreement entered into before the day this section comes into force, other than one described in subsection (2), is terminated on the date prescribed for the housing project to which the operating agreement relates.
Excluded operating agreements
(2) Subsection (1) does not apply to the following operating agreements:
1.A rent supplement agreement.
2.An operating agreement relating to a housing project that the Ministry of Health and Long-Term Care or the Ministry of Community and Social Services is responsible for funding and administering under a housing program, by virtue of a prescribed memorandum of understanding.
3.An operating agreement to which the Government of Canada or the Canada Mortgage and Housing Corporation is a party and that was entered into under a prescribed housing program.
4.An operating agreement relating to a prescribed housing project.
Notice
(3) At least 30 days before the date an operating agreement is terminated under this section, the Minister shall give written notice of the termination to the housing provider operating the housing project to which the operating agreement relates and to the service manager in whose service area the housing project is located.
Non-compliance
(4) Non-compliance with subsection (3) does not affect the validity of the termination of the operating agreement.
Application, housing providers
92. (1) This Part applies with respect to each transferred housing project for which the operating agreement is terminated under section 91, and does not apply with respect to any other housing project.
Same
(2) This Part ceases to apply to a housing project on the date the duty to pay a subsidy for the housing project is terminated under subsection 102 (2).
Application, service managers
(3) This Part applies to each service manager whose service area includes a housing project to which this Part applies.
Duties of Housing Providers
Provincial requirements for housing providers
93. (1) Every housing provider is required to meet such provincial requirements as may be prescribed.
Same
(2) Without limiting the generality of subsection (1), the provincial requirements must include matters relating to,
(a)the housing provider's corporate structure, including its constating documents and by-laws;
(b)the housing provider's operation, management and maintenance of its housing projects and its selection of property managers;
(c)the housing provider's participation in a waiting list system established for the service area by the service manager for rent-geared-to-income assistance or a waiting list system established for the service area by the service manager or a lead agency for special needs housing;
(d)the housing provider's compliance with eligibility rules, occupancy standards and priority rules established under Part V for the service area, including those established with respect to special needs housing, and the housing provider's selection of households to occupy vacant units in its housing projects;
(e)the housing provider's relationship with the occupants of its housing projects;
(f)the housing provider's participation in a system for pooling capital reserves for investment purposes;
(g)the housing provider's participation in a system for group insurance of housing projects;
(h)the housing provider's participation in a system or process for the renewal or replacement of mortgage financing;
(i)such other matters as the Minister considers to be necessary or desirable for the proper operation of housing projects.
Replacement of requirements
(3) The provincial requirements for housing providers may specify those requirements that may be replaced by a rule agreed upon in writing by the service manager and the housing provider.
Same
(4) If a service manager and a housing provider agree in writing to replace a provincial requirement with an agreed rule, the rule applies between them and the provincial requirement ceases to apply.
Local standards
94. (1) A service manager may establish local standards for housing providers that operate housing projects in its service area with respect to such matters as may be prescribed by the Minister, other than a matter relating to a matter mentioned in clause 93 (2) (a), (b), (e), (f), (g) or (h).
Same
(2) Every housing provider is required to comply with the local standards.
Same
(3) The local standards apply in addition to the provincial requirements and agreed rules established under section 93.
Effective date
(4) Local standards come into effect on the date specified by the service manager.
Notice
(5) The service manager shall give written notice of the local standards to each affected housing provider.
Restriction on transfer, etc.,
of housing project
95. (1) Subject to subsection (2), a housing provider shall not, without the prior written consent of the service manager and the Minister, transfer, lease or otherwise dispose of or offer, list, advertise or hold out for transfer, lease or other disposal, a housing project or any part of it, including any chattels in it.
Exceptions
(2) The housing provider may, without the consent of the Minister or the service manager,
(a)lease or offer, list, advertise or hold out for lease,
(i)an individual unit in the housing project for a term not exceeding one year, or
(ii)a part of the housing project that is not residential;
(b)in the case of a housing provider that is a non-profit housing co-operative,
(i)allow a member of the co-operative to occupy a member unit of the co-operative, and
(ii)allow a non-member of the co-operative to occupy, or offer, list, advertise or hold out for occupancy, a non-member unit of the co-operative for a term not exceeding one year;
(c)in the ordinary course of operating the housing project, dispose of or offer, list, advertise or hold out for disposal, chattels in the housing project.
Restrictions on mortgage, etc.
(3) A housing provider shall not mortgage, replace an existing mortgage or otherwise encumber the housing project, or extend the term of or otherwise amend any existing or approved mortgage or other encumbrance of the housing project, unless,
(a)it does so in compliance with such rules as may be prescribed; or
(b)the Minister has given his or her prior written consent.
Invalidity
(4) An act carried out in contravention of this section is invalid and of no force or effect.
Registration requirement, real property
96. (1) Within six months after the operating agreement with respect to a housing project is terminated, the housing provider shall take all such actions as are necessary to register or deposit under the Registry Act or to register under the Land Titles Act, against title to the property on which the housing project is located, a document setting out the restrictions imposed by section 95.
Exception
(2) The housing provider is not required to comply with subsection (1) if a document setting out substantially similar restrictions is already registered or deposited against title.
Effect
(3) If a document described in subsection (2) (the "original document") is already registered or deposited against title, the registration or deposit of the document shall be deemed to constitute the registration or deposit required by subsection (1) despite section 88 and despite any other Act, and it has effect from the date on which the original document was registered or deposited.
Form of document
(4) The document required by subsection (1) may be prepared in a form suitable for a transfer that is submitted for electronic registration.
Registration or deposit
(5) The document required may be registered or deposited and shall be accepted for registration or deposit under the Registry Act and may be registered and shall be accepted for registration under the Land Titles Act, despite any provision of those Acts.
Notice to service manager
(6) The housing provider shall give written notice to the service manager of the registration or deposit of the document under subsection (1) or of the document described in subsection (2), and shall give the notice within six months after the applicable operating agreement is terminated.
Language of services
97. A housing provider shall provide services in either the French or the English language and may also provide services in such other languages, in addition to French or English, as the housing provider may choose.
Operating Standards For
Housing Projects
Targeting plan
98. (1) After reviewing the targeting plan set out in the operating agreement for a housing project and after consulting the housing provider, the Minister shall establish a targeting plan for the housing project and shall give written notice of the plan to the housing provider and the service manager at least 30 days before the operating agreement for the project is terminated.
Same
(2) The targeting plan takes effect on the date on which the operating agreement for the housing project is terminated and continues in effect until it is amended, terminated or replaced in accordance with this section.
Amendment, termination or replacement
(3) The housing provider and the service manager may amend, terminate or replace the targeting plan by an agreement in writing.
Mandate
99. (1) After reviewing the mandate, if any, of a housing provider set out in the operating agreement for a housing project and after consulting the housing provider, the Minister may establish a mandate for the housing provider with respect to the housing project and shall give written notice of the mandate to the housing provider and to the service manager at least 30 days before the operating agreement is terminated.
Same
(2) The mandate takes effect on the date on which the operating agreement for the housing project is terminated and continues in effect until it is amended, terminated or replaced in accordance with this section.
Amendment, termination or replacement
(3) The housing provider and the service manager may amend, terminate or replace the mandate by an agreement in writing.
Same, special needs housing
(4) The housing provider and the service manager shall not amend or terminate a mandate that refers to special needs housing unless they have the prior written consent of the Minister to do so.
Invalid amendment, termination or replacement
(5) An amendment, termination or replacement of a mandate for a housing project in contravention of subsection (4) is invalid and of no force or effect.
Duty to comply with plan, mandate
100. Subject to subsection 93 (1), a housing provider shall select households to occupy vacant units or to receive rent-geared-to-income assistance in a housing project in a manner consistent with the targeting plan and the mandate for the housing project.
Change in number of rent-geared-to-income units
101. (1) Despite section 100, a service manager may require a housing provider to increase or decrease the number of rent-geared-to-income units in a housing project by the number specified in the notice, but shall do so only after consulting with the housing provider.
Notice
(2) The service manager shall give written notice of the requirement to the housing provider and the notice must specify the effective date as of which the housing provider must begin to implement the specified increase or decrease.
When notice to be given
(3) The notice shall be given at least three months before the effective date.
Duty to implement
(4) The housing provider shall implement the increase or decrease specified in the notice as units in the housing project become vacant on and after the effective date.
Decrease restricted
(5) The service manager shall not require the housing provider to decrease the number of rent-geared-to-income units if the effect of the decrease would be to reduce the total number of rent-geared-to-income units in the service manager's service area below the service levels prescribed for the purposes of section 11.
Change restricted
(6) The service manager shall not require the housing provider to increase or decrease the number of rent-geared-to-income units if the effect of the increase or decrease in rent-geared-to-income units would be to decrease by more than 10 per cent, or to increase by more than 10 per cent, the number of market units set out in the targeting plan that is in effect for the housing project under section 98.
Conflict
(7) Subsection (4) applies despite a by-law passed under section 34 of the Planning Act, an agreement entered into under section 41 or 51 of the Planning Act or an agreement entered into under section 3 of The City of Toronto Act, 1979.
Subsidy Payable To Housing Providers
Duty to pay subsidy
102. (1) The service manager in whose service area a housing project to which this Part applies is located shall pay a subsidy to the housing provider that operates the project.
Termination
(2) The duty to pay a subsidy for a housing project is terminated on the date prescribed by the Minister.
General subsidy
103. (1) The amount of the subsidy payable under section 102 to a housing provider for a fiscal year in respect of its housing projects in a service area of a service manager is determined in accordance with this section.
Amount of subsidy
(2) The amount of the housing provider's total subsidy for a fiscal year in respect of its housing projects in
a service area is determined using the formula,
(A + B + C ) (D + E )
in which, "
A"is the amount of the provider's mortgage subsidy for the fiscal year in respect of its housing projects in the service area; "
B"is the amount of the provider's rent-geared-to-income subsidy for the fiscal year in respect of its housing projects in the service area; "
C"is the amount of property taxes payable by the provider for the fiscal year in respect of its housing projects in the service area; "
D" is the amount of the provider's mandatory payment for the fiscal year in respect of its housing projects in the service area; and "
E"is the amount equal to 50 per cent of the amount of the provider's surplus for the fiscal year in respect of its housing projects in the service area, or such lesser amount as the service manager may determine.
Mortgage subsidy
(3) The amount of the housing provider's mortgage subsidy for a fiscal year in respect of its housing projects in the service area is the amount by which the total amount of principal and interest payable by the provider for the fiscal year under mortgages guaranteed by the Province of Ontario or the Ontario Housing Corporation in respect of those projects exceeds the amount of the provider's affordable mortgage payment in respect of those projects.
Affordable mortgage payment
(4) The amount of the housing provider's affordable mortgage payment in respect of its housing projects in the service area is the amount by which its benchmark revenue from those projects, as determined by the Minister under section 104, exceeds the amount of its benchmark operating costs in respect of those projects, as determined by the Minister under that section.
Phase-in subsidy reduction
(5) If the amount of a housing provider's subsidy (other than the rent-geared-to-income subsidy) determined under this section is less than the subsidy (other than the rent-geared-to-income subsidy) paid to the provider under an operating agreement that is terminated by this Act, the following rules apply:
1.The provider may request that the service manager negotiate with the provider a schedule for phasing in the reduction in the subsidy over a series of years.
2.If the provider and the service manager are unable to agree on a schedule, the provider may request that the Minister authorize the phase-in of the reduction in the subsidy and set a schedule for phasing in the reduction over a series of years.
3.The Minister's decision on whether to authorize a phase-in of the reduction in the subsidy and any schedule set by the Minister for phasing in the reduction are binding on the provider and the service manager.
Rent-geared-to-income subsidy
(6) The amount of the housing provider's rent-geared-to-income subsidy for a fiscal year in respect of its housing projects in the service area is the amount determined using the formula,
F G
in which, "
F"is the amount that is the lesser of,
(a)the total amount of the provider's indexed market rents for the fiscal year from the rent-geared-to-income units in the provider's housing projects in the service area, and
(b)the total actual market rent for the fiscal year for those units; and "
G"is the amount of rental payments payable to the provider for the fiscal year by the households accommodated in those rent-geared-to-income units.
Indexed market rents
(7) The total amount of a housing provider's indexed market rents for a fiscal year from rent-geared-to-income units in its housing projects in a service area is the amount determined using the following rules:
1.For the first fiscal year for which the housing provider receives a subsidy under this Act, the total amount of its indexed market rents is the total amount of the provider's benchmark market rents for those units as determined by the Minister under section 104.
2.For each subsequent fiscal year, the total amount of the housing provider's indexed market rents is the amount determined by multiplying the market rent index prescribed by the Minister that is applicable to those units for the fiscal year by the total amount of the provider's indexed market rents for the previous fiscal year.
Mandatory payment
(8) The amount, if any, of the provider's mandatory payment for a fiscal year in respect of its housing projects in the service area is the amount, if any, determined using the formula,
H (H J/K)
in which, "
H"is the amount, if any, by which the amount of the provider's indexed market revenue for the fiscal year in respect of its projects in the service area exceeds the amount of the provider's benchmark revenue from those projects, as determined by the Minister under section 104; "
J"is the amount of the provider's benchmark operating costs in respect of those projects in the service area as determined by the Minister under section 104; and "
K"is the amount of the provider's benchmark revenue from those projects as determined by the Minister under section 104.
Indexed market revenue
(9) The amount of the provider's indexed market revenue for a fiscal year in respect of its housing projects in a service area is the amount determined in accordance with the following rules:
1.For the first fiscal year for which the housing provider receives a subsidy under this Act, the amount of its indexed market revenue is the amount of the provider's benchmark revenue as determined by the Minister under section 104.
2.For each subsequent fiscal year, the amount of the housing provider's indexed market revenue is the amount determined by multiplying the market rent index prescribed by the Minister that is applicable to the housing projects for the fiscal year by the amount of the provider's indexed market revenue for the previous fiscal year.
Surplus
(10) The amount, if any, of the provider's surplus for a fiscal year in respect of its housing projects in the service area is the amount determined using the formula,
L (M + N + P)
in which, "
L"is the amount of the provider's net operating income for the fiscal year as set out in the annual report required under subsection 113 (1) relating to that fiscal year; "
M"is the amount of the provider's affordable mortgage payment determined by the Minister under section 104; "
N"is the amount of the provider's mandatory payment for the fiscal year; and "
P"is the amount of an operating reserve, as determined in the manner prescribed by the Minister.
Net operating income
(11) The net operating income of a housing provider for a fiscal year with respect to its housing projects in the service area is the amount by which its revenue for the fiscal year from those projects, as determined in the manner prescribed by the Minister, exceeds its operating costs for the fiscal year with respect to those projects, as determined in the manner prescribed by the Minister.
Benchmark revenue, etc.
104. (1) The Minister shall determine the following amounts in the prescribed manner for each housing provider entitled to a subsidy calculated under section 103 in respect of the provider's housing projects in a service area:
1.The amount of the provider's benchmark revenue.
2.The amount of the provider's benchmark operating costs.
3.The amount of the provider's affordable mortgage payment described in subsection 103 (4).
4.The amount of the provider's benchmark market rent applicable to each unit or class of units prescribed by the Minister.
Notice by Minister
(2) The Minister shall notify each housing provider of the amounts determined under subsection (1) for that provider and shall notify each service manager of the amounts determined in respect of housing providers and housing projects in the service manager's service area.
Notice by corporation
(3) The Social Housing Services Corporation shall notify each housing provider of the market rent indices applicable to its housing projects for a fiscal year and shall notify each service manager of the market rent index or indices applicable to the provider's housing projects in the service manager's service area.
Interim or final amounts
(4) The amounts determined by the Minister under subsection (1) may be interim amounts or final amounts.
Final amounts determined once
(5) The Minister may determine a final amount under subsection (1) only once unless the housing provider to whom the amount applies and the Minister agree that the amount should be changed.
Exception
(6) Despite subsection (5), the Minister may re-determine a final amount determined under subsection (1), without the consent of the housing provider to whom the amount applies if,
(a)at the time the final amount was initially determined, the housing provider was administering a waiting list for rent-geared-to-income units or for special needs housing or was determining the amount of geared-to-income rent payable by households; and
(b)the housing provider has since ceased to do so.
Estimates by housing provider
105. (1) Before the beginning of each fiscal year, a housing provider entitled to a subsidy calculated under section 103 shall determine the following amounts with respect to its housing projects in the service area of each service manager:
1.The estimated total amount of market rent the provider will receive in the fiscal year from its rent-geared-to-income units in those housing projects.
2.The estimated rental payments the provider will receive in the fiscal year from households residing in its rent-geared-to-income units in those housing projects.
3.The amount of the provider's mandatory payment for the fiscal year in respect of those housing projects.
4.The estimated amount of the property taxes payable for the fiscal year in respect of those housing projects.
5.The estimated amount of principal and interest payable for the fiscal year under mortgages guaranteed by the Province of Ontario or the Ontario Housing Corporation in respect of those housing projects.
Notice by housing provider
(2) Every housing provider referred to in subsection (1) shall notify the service manager for each service area in which the provider has housing projects of the amounts determined under subsection (1) in respect of the projects in the service manager's service area not less than 90 days before the beginning of each fiscal year.
Notice of change, mortgage
(3) A housing provider referred to in subsection (1) shall notify the service manager for the service area in which it has a housing project of every change in the amount of principal or interest payable by the provider in respect of the project.
Same
(4) The housing provider shall give the notice required under subsection (3) before the change takes effect.
Subsidy re certain housing providers
106. (1) The amount of the subsidy payable under section 102 to a housing provider for a fiscal year in respect of its housing projects in a service area of a service manager is determined in accordance with this section if the housing provider is prescribed by the Minister for the purposes of this section and if the Minister is satisfied that substantially all of the units in the provider's housing projects in the service area are rent-geared-to-income units.
Amount of subsidy
(2) The amount of the housing provider's total subsidy for the fiscal year is determined using the formula,
(A B) + C + D E
in which, "
A"is the amount of the provider's indexed operating costs for the fiscal year in respect of its housing projects in the service area; "
B"is the amount of revenue received by the provider for the fiscal year in respect of housing projects in the service area, determined in the prescribed manner by the provider; "
C"is the amount of principal and interest payable by the provider for the fiscal year under mortgages guaranteed by the Province of Ontario or the Ontario Housing Corporation in respect of the provider's housing projects in the service area;
"
D"is the amount of property taxes payable by the provider for the fiscal year in respect of its housing projects in the service area; "
E"is the amount equal to 50 per cent of the amount of the provider's surplus, if any, for the fiscal year in respect of its housing projects in the service area or such lesser amount as the service manager may determine.
Indexed operating costs
(3) The amount of the provider's indexed operating costs for a fiscal year in respect of its housing projects in a service area is the amount determined in accordance with the following rules:
1.For the first fiscal year for which the housing provider is eligible to receive a subsidy under this Act, the amount of its indexed operating costs is the amount of its benchmark operating costs as determined by the Minister under section 107 in respect of those housing projects.
2.For each subsequent fiscal year, the amount of the housing provider's indexed operating costs is the amount determined by multiplying the cost index prescribed by the Minister that is applicable to the housing projects for the fiscal year by the amount of the provider's indexed operating costs for the previous fiscal year in respect of those housing projects.
Surplus
(4) The amount, if any, of the provider's surplus for a fiscal year in respect of its housing projects in the service area is the amount determined using the formula,
F (G + H)
in which, "
F"is the amount of the provider's indexed operating costs for the fiscal year in respect of those housing projects; "
G"is the amount of the provider's operating costs for the fiscal year in respect of those housing projects, as determined by the Minister; and "
H"is the amount of an operating reserve, as determined in the manner prescribed by the Minister.
Benchmark operating costs
107. (1) The Minister shall prescribe the manner of determining and shall determine for each housing provider entitled to a subsidy calculated under section 106 the amount of the provider's benchmark operating costs in respect of its housing projects in each service area.
Notice
(2) The Minister shall notify each housing provider and the service manager within whose service area the units are located of the following matters:
1.The amount of the provider's benchmark operating costs determined under subsection (1) for its housing projects located in the service manager's service area.
2.The cost index prescribed for the year by the Minister for the purposes of section 106 that is applicable to the provider and to the service area.
Amounts determined once
(3) The Minister shall determine an amount under subsection (1) only once, unless the housing provider to whom the amount applies and the Minister agree that the amount should be changed.
Exception
(4) Despite subsection (3), the Minister may re-determine an amount determined under subsection (1), without the consent of the housing provider to whom the amount applies if,
(a)at the time the amount was initially determined, the housing provider was administering a waiting list for rent-geared-to-income units or for special needs housing or was determining the amount of geared-to-income rent payable by households; and
(b)the housing provider has since ceased to do so.
Estimates by housing provider
108. (1) Before the beginning of each fiscal year, a housing provider entitled to a subsidy calculated under section 106 shall determine the following amounts with respect to its housing projects in the service area of each service manager:
1.The estimated total amount of revenue the provider will receive in the fiscal year from those housing projects.
2.The estimated amount of the property taxes payable for the fiscal year in respect of those housing projects.
3.The estimated amount of principal and interest payable for the fiscal year under mortgages guaranteed by the Province of Ontario or the Ontario Housing Corporation in respect of those housing projects.
Application of s. 105
(2) Subsections 105 (2) to (4) apply with necessary modifications to a housing provider referred to in subsection (1).
Debt repayment
109. (1) If a housing provider and the Minister entered into a repayment schedule under an agreement that is terminated under this Act, the Minister may establish a new schedule for the repayment of the amount and may direct that the repayment be made to another person.
Schedule binding
(2) A new schedule established under subsection (1) and any direction given by the Minister under that subsection are binding on the housing provider.
Surplus to be applied
(3) A housing provider who is bound by a new repayment schedule established under subsection (1) shall apply the amount of its surplus, if any, as determined under subsection 103 (10) or 106 (4), to the payment of the amounts it owes under the new schedule, until the Minister is satisfied that all amounts owing under that schedule have been paid.
Guidelines and requirements
110. (1) The Minister may provide guidelines to service managers and prescribe requirements governing the manner of calculating and paying amounts on account of the subsidies payable under this Part.
Alteration of formula
(2) The Minister may, under subsection (1), prescribe requirements that alter the formula for calculating the subsidy payable to a housing provider as set out in sections 103 to 108 if, in the opinion of the Minister, the economic conditions in respect of the rental housing sector prevailing in Ontario or a part of Ontario are such that the application of the formula does not produce a result that is consistent with the objectives of this Act.
Application for additional subsidy
111. (1) A housing provider who is otherwise entitled to a subsidy under section 102 may apply to a service manager for an additional subsidy in respect of its housing projects in the service area of the service manager.
Additional subsidy
(2) A service manager may pay an additional subsidy to the housing provider if the service manager is satisfied that the additional subsidy is appropriate by reason of the provider's financial situation.
Terms and conditions
(3) The Minister may prescribe terms and conditions that a service manager may impose for the payment of additional subsidies and a service manager may impose any one or more of the prescribed terms and conditions that it considers appropriate for the payment of any additional subsidy.
Restriction
(4) A service manager shall not impose under subsection (3) a term or condition that may have the effect of requiring the housing provider to amend its targeting plan or mandate unless, in the opinion of the service manager, the implementation by the housing provider of the targeting plan or mandate, as the case may be, contributed to the provider's financial situation.
Decision final
(5) The service manager's decision is final and binding on both the service manager and the housing provider with respect to,
(a)whether to pay an additional subsidy to the housing provider;
(b)the amount of any additional subsidy the service manager pays; and
(c)any prescribed terms and conditions the service manager imposes on the payment.
Administration
Records
112. (1) A housing provider shall keep the prescribed records for the prescribed periods of time.
Same
(2) A housing provider shall keep such additional records as may reasonably be required by the service manager for the period of time specified by the service manager.
Annual report
113. (1) Within five months after the end of each fiscal year of a housing provider, the housing provider shall give the service manager an annual report for the year.
Contents of annual report
(2) The annual report shall be in the form authorized by the Minister and shall contain the prescribed information and include the prescribed documents.
Report re households
(3) If required to do so by a regulation, a housing provider shall give the service manager a report about the number, type and income of households occupying units under housing programs in the housing provider's housing projects in the service area.
Contents
(4) The report described in subsection (3) shall be in the form authorized by the Minister and shall contain the prescribed information and include the prescribed documents.
Restriction
(5) The housing provider shall not be required to collect or report information about the income of households not receiving rent-geared-to-income assistance in a housing project.
Other reports, etc.
(6) A housing provider shall give the service manager, at the times specified by the service manager, such other reports, documents and information as the service manager may reasonably request relating to the housing provider's compliance with this Act and the regulations.
Form and manner
(7) The reports, documents and information mentioned in subsection (6) shall be given in the form and manner approved by the service manager.
False information
(8) A housing provider shall not knowingly furnish false information in a report, document or information given to the service manager under this section.
Reduction in subsidy
(9) If a housing provider does not give the service manager its annual report in accordance with this section, the service manager may reduce the amount of the subsidy payments required to be made to the housing provider under section 102 by no more than 0.5 per cent or $1,000, whichever is less, for each month in which the report remains undelivered.
Notice
(10) The service manager shall give the housing provider written notice of the reduction in its subsidy under subsection (9) at least 30 days before implementing it.
Audit or investigation
114. (1) In this section, "
auditor" means a person appointed by a service manager under subsection (2).
Appointment of auditor
(2) A service manager may appoint any of its employees or agents to conduct an audit or investigation for the purpose of ensuring that a housing provider operating a housing project is complying with this Act and the regulations.
Duty of auditor
(3) The auditor shall conduct the audit or investigation in accordance with this section and shall give the housing provider notice on or before the date on which he or she begins the audit or investigation.
Entry
(4) For the purposes of the audit or investigation, the auditor may enter and inspect the housing project at any reasonable time.
Restriction
(5) Despite subsection (4), the auditor shall not enter and inspect a unit in the housing project unless a member of the household residing in the unit consents to the entry and inspection after being informed that he or she may refuse to consent to the entry and inspection.
Use of force prohibited
(6) The auditor shall not use force when conducting an audit or investigation.
Duty to co-operate
(7) The housing provider and its employees and agents shall co-operate in all respects with the auditor.
Restriction
(8) Nothing in subsection (7) requires a person to breach any privilege that he or she may have in law with respect to giving information, answering questions or producing documents and things.
Report must be given to housing provider
(9) Within 60 days after the completion of an audit or investigation, the service manager shall prepare a report of the results of the audit or investigation and shall give the housing provider a copy of the report, unless the report has, or circumstances identified in the report have, been referred to a law enforcement agency.
Report may be given to housing provider
(10) If the report has, or circumstances identified in the report have, been referred to a law enforcement agency, the service manager may give the housing provider a copy of all or part of the report if the service manager is satisfied that the housing provider will use it only for the purposes of the proper operation of the housing project.
Enforcement
Triggering events
115. The following are triggering events for the purposes of this Part:
1.The housing provider contravenes this Act or the regulations.
2.The housing provider becomes bankrupt or insolvent, takes the benefit of any statute for bankrupt or insolvent debtors or makes any proposal, assignment or arrangement with its creditors.
3.Steps are taken or proceedings are commenced by any person to dissolve, wind up or terminate the existence of the housing provider or to liquidate its assets.
4.The housing provider ceases or threatens to cease to carry on business in the normal course.
5.A trustee, receiver, receiver and manager or similar person is appointed with respect to the business or assets of the housing provider.
6.The housing provider makes a bulk sale, other than a bulk sale made under the Bulk Sales Act in conjunction with a transfer approved by the Minister.
7.Any assets of the housing provider are seized under execution or attachment.
8.The housing provider is unable to meet its obligations as they come due.
9.The housing provider incurs an expenditure that is material and excessive, having regard to the normal practices of similar housing providers.
10.The housing provider incurs an accumulated deficit that is material and excessive, having regard to the normal practices of similar housing providers.
11.The housing provider has failed to operate the housing project properly, having regard to the normal practices of similar housing providers.
12.In the case of a housing project on land in which the housing provider has a leasehold interest under a ground lease, the housing provider contravenes the ground lease.
13.In the case of a housing project comprising one or more buildings in which the housing provider has a leasehold interest under a lease, the housing provider contravenes the lease.
Remedies
116. (1) If a triggering event occurs, the service manager may exercise one or more of the following remedies and the remedy must be reasonable in the circumstances:
1.The service manager may discontinue or suspend the subsidy payments required to be made to the housing provider under section 102.
2.The service manager may reduce the amount of any subsidy payments required to be made to the housing provider under section 102.
3.The service manager may pay directly to a creditor of the housing provider all or part of a debt owing by the housing provider to the creditor and may reduce the amount of any subsidy payments required to be made to the housing provider under section 102 by the amount of the payment made to the creditor.
4.The service manager may perform any of the duties and exercise any of the powers of the housing provider under this Act.
5.The service manager may appoint a receiver or receiver and manager for a housing project operated by the housing provider.
6.The service manager may seek the appointment by the Superior Court of Justice of a receiver or receiver and manager for a housing project operated by the housing provider.
7.The service manager may remove some or all of the directors or the deemed directors of the housing provider, regardless of whether they were elected or appointed or became directors by virtue of their office.
8.The service manager may appoint one or more individuals as directors of the housing provider.
9.The service manager may exercise any other remedy that it has in law or in equity.
Waiver
(2) A delay by the service manager in exercising a remedy under this Part does not operate as a waiver of the service manager's right to exercise the remedy at a later time.
Same
(3) A waiver by a service manager of its right to exercise a remedy under this Part does not bind the service manager unless the waiver is in writing and signed by the service manager.
Same
(4) A waiver by a service manager of its right to exercise one remedy in respect of a triggering event does not operate as a waiver by the service manager of its right to exercise another remedy in respect of that triggering event.
Same
(5) A waiver by a service manager of its right to exercise a remedy in respect of a triggering event under one paragraph of section 115 does not operate as a waiver by the service manager of its right to exercise a remedy in respect of,
(a)a triggering event under another paragraph of section 115;
(b)a different triggering event under the same paragraph of section 115; or
(c)the same triggering event, if it reoccurs at a later time.
Notice of exercise of remedy
117. (1) A service manager shall not exercise a remedy under section 116 as a result of a triggering event unless,
(a)before exercising the remedy, the service manager gives the housing provider a written notice,
(i)specifying the particulars of the triggering event,
(ii)specifying the activities that the housing provider must carry out or refrain from carrying out or the course of action that the housing provider must take or refrain from taking in order to cure the situation that gave rise to the triggering event,
(iii)specifying the period within which the housing provider must comply with the notice, which may not be less than 60 days from the date the notice is given, and
(iv)if the notice provides for the submission of a plan by the housing provider, specifying the matters that must be addressed in the plan; and
(b)the housing provider does not, within the period specified in the notice, comply with the notice or, if the notice provides for the submission of a plan by the housing provider, the plan submitted by the housing provider does not address the matters specified in the notice or the service manager is reasonably of the opinion that the plan is not acceptable.
Minister's consent, project in difficulty
(2) If the service manager is required by clause 18 (2) (a), (b) or (c) to give notice to the Minister that a housing project is in difficulty, the service manager shall not exercise any remedy against the housing provider for a triggering event respecting the housing project unless the service manager obtains the prior written consent of the Minister.
Exceptions
(3) Subsections (1) and (2) do not apply if,
(a)the triggering event is one described in paragraphs 2 to 8 of section 115;
(b)the triggering event is that the housing provider has sold, leased or otherwise disposed of or offered, listed, advertised or held out for sale, lease or other disposal, the housing project or any part of it, in a manner contrary to this Act;
(c)there is an emergency situation and complying with subsection (1) or (2), as the case may be, may materially worsen the situation; or
(d)a report of an audit or investigation of the housing provider has been, or circumstances identified in such a report have been, referred to a law enforcement agency and the report or the circumstances relate to a triggering event.
Training requirement
(4) One of the requirements that the service manager may impose on the housing provider for the purposes of subclause (1) (a) (ii) is the requirement to ensure that a director, employee or agent of the housing provider or a person who has contracted with the housing provider to manage the housing project on behalf of the housing provider receives training in respect of prescribed matters.
Discontinuation or suspension of subsidy
118. A service manager shall not discontinue or suspend subsidy payments under paragraph 1 of subsection 116 (1) unless the service manager is of the opinion that,
(a)the triggering event is material and substantial; and
(b)the housing provider has not proceeded diligently to comply with the notice given by the service manager under clause 117 (1) (a).
Performance of duties, etc., by service manager
119. (1) If a service manager performs any of the duties or exercises any of the powers of a housing provider under paragraph 4 of subsection 116 (1), the housing provider shall, upon request, give the service manager all of the housing provider's records and information relevant to the performance of those duties or the exercise of those powers.
Expenses of service manager
(2) If a service manager performs any of the duties or exercises any of the powers of a housing provider under paragraph 4 of subsection 116 (1), the service manager may bill the housing provider for the expenses incurred by the service manager in performing those duties and exercising those powers.
Payment by housing provider
(3) A housing provider that is billed under subsection (2) shall pay the amount billed at the time specified by the service manager.
Collection of amount owing
(4) An amount billed to a housing provider under subsection (2) is a debt owing by the housing provider to the service manager and may be recovered by any remedy or procedure available to the service manager by law, including reducing the amount of any subsidy payments required to be made to the housing provider under section 102 by the amount billed.
Appointment, etc., of receiver
120. (1) A service manager shall not appoint a receiver or receiver and manager under paragraph 5 of subsection 116 (1) or seek the appointment of a receiver or receiver and manager under paragraph 6 of subsection 116 (1) unless,
(a)a significant financial or other event has resulted in or, in the opinion of the service manager, is likely to result in the housing provider being unable to pay its debts as they become due;
(b)the operation by the housing provider of the housing project has resulted in or, in the opinion of the service manager, is likely to result in,
(i)significant physical deterioration of the housing project or its contents, or
(ii)significant danger to the health or safety of the occupants of the housing project; or
(c)in the opinion of the service manager, there is or is likely to be a misuse of the assets of the housing provider, including a misuse for personal gain by a director, employee, member or agent of the housing provider.
Powers of receiver
(2) A receiver or receiver and manager appointed under paragraph 5 of subsection 116 (1) has the prescribed powers, subject to the conditions and restrictions that are set out in the terms of the appointment.
Remuneration
(3) The remuneration of the receiver or receiver and manager appointed under paragraph 5 of subsection 116 (1) shall be determined by the agreement of the service manager and the receiver or receiver and manager and shall be paid out of the revenues of the housing provider.
Deemed agency
(4) The receiver or receiver and manager appointed under paragraph 5 of subsection 116 (1) shall be deemed to be the agent of the housing provider, and the service manager is not responsible for the acts or omissions of the receiver or receiver and manager.
Deemed ratification
(5) The housing provider shall be deemed to ratify and confirm whatever the receiver or receiver and manager appointed under paragraph 5 of subsection 116 (1) does in the course of the receivership, if it is done in accordance with this Act, the regulations and the terms of the appointment.
Deemed release
(6) The housing provider shall be deemed to release and discharge the service manager, the receiver or receiver and manager appointed under paragraph 5 of subsection 116 (1) and every person for whom either of them would be responsible, from every claim of any nature arising by reason of any act or omission on the part of any of them, other than the following claims:
1.A claim for an accounting of the money and other property received by the receiver or receiver and manager in the course of the receivership.
2.A claim that is the direct and proximate result of negligence, dishonesty or fraud by the receiver or receiver and manager or by another person for whom either of them would be responsible.
Change to appointment
(7) Subject to subsection (9), the service manager may change, extend or terminate the appointment of a receiver or receiver and manager appointed under paragraph 5 of subsection 116 (1) and may make a new appointment of the same person or a different person.
No powers for housing provider
(8) The housing provider does not have the powers listed in subsection (7).
Period of receivership
(9) The period of time for which a receiver or receiver and manager is appointed under paragraph 5 of subsection 116 (1) for a housing project shall not exceed one year, and the receivership terminates one year after the date of the appointment unless the Superior Court of Justice orders otherwise on the application of the service manager made before the expiry of the one-year period.
Replacement of directors
121. (1) A service manager shall not remove a director from the board of directors of a housing provider under paragraph 7 of subsection 116 (1) or appoint a director to the board of directors of a housing provider under paragraph 8 of subsection 116 (1) without the prior written consent of the Minister.
Rules for appointing directors
(2) The following rules apply to the exercise by a service manager of the remedy of appointing one or more directors to the board of directors of a housing provider under paragraph 8 of subsection 116 (1):
1.The service manager may appoint any number of directors, so long as the total number of directors of the housing provider after the appointment does not exceed the maximum number of directors permitted by the housing provider's articles, letters patent or supplementary letters patent within the meaning of the Business Corporations Act, the Corporations Act or the Co-operative Corporations Act.
2.The service manager shall not appoint a director for a term exceeding three years.
3.The service manager may appoint an individual as a director and the individual may serve as a director, whether or not the individual is at the time of the appointment, and whether or not the individual becomes after the appointment, a shareholder or member of the housing provider, or a director, officer, shareholder or member of a corporate member of the housing provider. If the individual or a corporation of which he or she is an officer, director, shareholder or member ceases to be a shareholder or member of the housing provider, the individual does not cease to be a director.
4.The service manager may appoint an individual as a director and the individual may serve as a director, whether or not the individual meets, at the time of the appointment or after the appointment, the requirements for being a director contained in the housing provider's articles, letters patent or supplementary letters patent. If the individual ceases to meet the requirements for being a director, the individual does not cease to be a director.
No removal of director
(3) If a service manager appoints a director to the board of directors of a housing provider under paragraph 8 of subsection 116 (1), the shareholders or members of the housing provider have no authority to remove that director before the expiration of his or her term of office.
No increase or decrease
of directors
(4) Neither the housing provider, nor its directors, nor its shareholders or members have the authority to increase or decrease the number, or the minimum or maximum number, of directors of the housing provider during the term of office of any director appointed by the service manager under paragraph 8 of subsection 116 (1).
Indemnity
(5) A service manager who appoints a director to the board of directors of a housing provider under paragraph 8 of subsection 116 (1) may indemnify the director and his or her heirs and legal representatives against any liability sustained by him or her, and any costs, charges and expenses reasonably incurred by him or her, in respect of any civil, criminal or administrative action or proceeding to which he or she is made a party by reason of being or having been a director of the housing provider, including an amount paid to settle the action or proceeding or to satisfy the judgment,
(a)if he or she acted honestly and in good faith with a view to the best interests of the housing provider; and
(b)if, in the case of a criminal or administrative action or proceeding that is enforced by a monetary penalty, he or she had reasonable grounds for believing that his or her conduct was lawful.
Conflict
(6) This section, paragraphs 7 and 8 of subsection 116 (1), and any other provisions of this Act relating to the exercise by a service manager of the remedy of removing a director from, or appointing a director to, the board of directors of a housing provider apply despite any provisions to the contrary in the Business Corporations Act, the Corporations Act, the Co-operative Corporations Act, the regulations made under those Acts, the articles, letters patent, supplementary letters patent or by-laws of the housing provider, the resolutions of the directors or shareholders of the housing provider, or an agreement among the shareholders or members of the housing provider.
part Vii
payment of provincial and
local housing costs
Provincial Housing Costs
Provincial housing costs
122. (1) For the purposes of this Act, provincial housing costs for a period are the amount determined by the Minister to be the total of the costs incurred or to be incurred by the Minister in respect of that period to administer and pay expenses relating to prescribed housing programs excluding such costs as may be prescribed.
Exclusions
(2) The Minister may, in his or her discretion, make payments to a person in relation to transferred housing programs or transferred housing projects and those payments are not included in the provincial housing costs.
Amount
(3) The amount of the provincial housing costs for a prescribed billing period is to be determined in accordance with the regulations, and may include estimates of costs still to be incurred in respect of the billing period.
Same
(4) If the amount of the provincial housing costs includes an estimate of costs still to be incurred, the amount may be recalculated in accordance with section 124.
Recoverable amount
123. (1) The Minister shall determine, in accordance with the regulations, the amount to be recovered by the Crown in right of Ontario under this Act in respect of the provincial housing costs for a prescribed billing period.
Allocation
(2) The Minister shall allocate the amount determined under subsection (1) among the service managers in accordance with the regulations.
Notice
(3) The Minister shall give each service manager a written notice setting out the amount allocated to the service manager for the billing period, the date by which the service manager is required to pay the allocated amount and such other information as may be prescribed.
When notice to be given
(4) The notice must be given on or before the date the allocated amount is payable.
Payment
(5) The service manager shall pay the allocated amount to the Minister of Finance in accordance with the notice.
Recalculation of provincial housing costs
124. (1) If the amount of the provincial housing costs for a prescribed billing period as determined under section 122 includes an estimate of costs still to be incurred, the Minister shall recalculate the amount when the actual costs become known and shall make the necessary adjustment in the amount payable by each service manager.
Change in allocations
(2) If the Minister is of the opinion that an adjustment is required to a determination under section 122 or to an allocation to a service manager under section 123, or to both, the Minister may review the matter and make the necessary adjustment in the amount payable by one or more service managers.
Determination final
(3) Subject to subsections (1) and (2), the Minister's determination and allocation are final.
Notice of adjustment
(4) If the Minister makes an adjustment under subsection (1) or (2) in an amount payable by a service manager, the Minister shall give the service manager a written notice of the adjustment, and subsections 123 (3) and (4) apply to this notice with necessary modifications.
Refund or credit
(5) If an amount allocated to a service manager is reduced as a result of an adjustment under subsection (1) or (2), the Minister of Finance shall,
(a)pay the difference to the service manager; or
(b)subtract the difference from the amount allocated to the service manager for the next prescribed billing period.
Additional payment by service manager
(6) If an amount allocated to a service manager is increased as a result of an adjustment under subsection (1) or (2), the service manager shall pay the difference to the Minister of Finance in accordance with the notice.
Interest and penalties
125. If a service manager does not pay the Minister of Finance the amount payable under a notice given under section 123 or 124, the Crown in right of Ontario may charge the service manager interest and penalties in accordance with the regulations.
Collection of amounts owing
126. (1) An amount allocated to a service manager is a debt of the service manager owing to the Crown in right of Ontario on and after the due date set out in the notice, and the debt together with any interest or penalty that is charged by the Crown under this Act may be recovered by any remedy or procedure available to the Crown by law.
Same
(2) The Minister of Finance may set off against amounts owing to the service manager under a housing program any amount payable by the service manager to the Minister of Finance.
Service Manager's Housing Costs
Service manager's housing costs
127. (1) A service manager's housing costs for a period are the sum of,
(a)the total of the costs incurred or to be incurred by the service manager in respect of that period in funding and administering, in accordance with this Act and the regulations, the service manager's transferred housing programs as they relate to its transferred housing projects; and
(b)the portion of provincial housing costs that the Minister allocated to the service manager under subsection 123 (2) for that period.
Exclusions
(2) A service manager's housing costs do not include such amounts as may be prescribed.
Calculation by service manager
128. (1) A service manager shall calculate the amount of its housing costs and shall do so in accordance with such requirements as may be prescribed.
Billing periods
(2) A municipal service manager may set its own billing periods for billing independent municipalities in its service area, and a dssab service manager may do so for billing municipalities in its service area.
Estimates of future costs
(3) A service manager may include in the amount referred to in subsection (1) estimates of costs still to be incurred in respect of the billing period; in that case, section 131 applies.
Apportionment by municipal service manager
129. (1) A municipal service manager that has one or more independent municipalities in its service area shall apportion the amount of its housing costs calculated under subsection 128 (1) among itself and the independent municipalities in accordance with the regulations.
Notice to municipalities
(2) A municipal service manager shall give each of the independent municipalities a written notice for each billing period setting out,
(a)the amount apportioned to the municipality for the billing period;
(b)the date the amount is payable; and
(c)
such other information as may be prescribed.
Same
(3) The notice must be given on or before the date the amount is payable.
Payment
(4) Each independent municipality shall pay the amount set out in the notice to the municipal service manager in accordance with the notice.
Apportionment by dssab service manager
130. (1) A dssab service manager shall apportion the amount of its housing costs calculated under subsection 128 (1) between the municipalities within its service area and the territory without municipal organization in its service area and shall do so in accordance with the regulations.
Same
(2) After making the apportionment required by subsection (1) to the municipalities as a group, the dssab service manager shall further apportion the group apportionment among the municipalities and shall do so in accordance with the regulations.
Payment
(3) Each municipality shall pay the amount apportioned to it under subsection (2) to the dssab service manager on demand.
Same
(4) The Minister shall pay to the dssab service manager, in accordance with the regulations,
(a)the amount apportioned to the territory without municipal organization under subsection (1); and
(b)the amounts prescribed for the purposes of subsection 127 (2) that are incurred or to be incurred by the dssab service manager in respect of housing programs prescribed for the purposes of subsection 122 (1) with respect to a municipality that is deemed to be territory without municipal organization under a regulation made under subsection (7).
Same
(5) If an amount paid under subsection (4) includes estimates of costs still to be incurred,
(a)the dssab service manager shall pay to the Minister, in accordance with the regulations, the amount by which the estimates of costs still to be incurred exceed the actual costs; and
(b)the Minister shall pay to the dssab service manager, in accordance with the regulations, the amount by which the estimates of costs still to be incurred are less than the actual costs.
Recovery of amount
(6) The amount apportioned to the territory without municipal organization under subsection (1) may be recovered by the Crown from persons living in the territory, except those living in a municipality deemed to be territory without municipal organization under a regulation made under subsection (7), in the same manner as taxes imposed on property under the Provincial Land Tax Act.
Deeming
(7) A regulation may specify that a municipality shall be deemed to be territory without municipal organization for the purposes of this section.
Recalculation of housing costs
131. (1) If an amount determined under subsection 128 (1) includes estimates of costs still to be incurred, the service manager shall recalculate the amount when the actual costs become known and shall make the necessary adjustment in the amount payable by the affected municipalities.
Other adjustments
(2) If a service manager is of the opinion that an adjustment is required to a determination under section 128 or to an apportionment under section 129 or 130, as the case may be, or to both, the service manager may review the matter and make the necessary adjustment in the amount payable by the affected municipalities.
Determination final
(3) Subject to subsections (1) and (2), the service manager's determination and apportionment are final.
Notice of adjustment
(4) A service manager that makes an adjustment under subsection (1) or (2) shall give the affected municipality notice of the adjustment.
Refund or credit
(5) If an amount apportioned to a municipality is reduced as a result of an adjustment under subsection (1) or (2), the service manager shall,
(a)pay the difference to the municipality; or
(b)subtract the difference from the amount apportioned to the municipality for the next billing period or, if the service manager is a dssab service manager, from a future amount apportioned to the municipality as determined by the service manager.
Additional payment
(6) If an amount apportioned to a municipality is increased as a result of an adjustment under subsection (1) or (2), the municipality shall pay the difference to the service manager in accordance with the notice.
Interest and penalties
132. (1) If an independent municipality does not pay a municipal service manager the amount payable under a notice given under section 129 or 131, the service manager may charge the municipality interest and penalties in accordance with the regulations.
Same
(2) If a municipality within a dssab service manager's service area does not pay the service manager the amount payable under section 130 or 131, the service manager may charge the municipality interest and penalties in accordance with the regulations.
Collection of amounts owing
133. (1) An amount apportioned to a municipality is a debt of the municipality owing to the service manager, and the debt together with any interest or penalty that is charged by the service manager under this Act may be recovered by any remedy or procedure available to the service manager by law.
Same
(2) The service manager may set off against amounts owing to the municipality by the service manager any amount payable by the municipality to the service manager.
Distribution of Federal Funding
Payment to service managers
134. (1) Each year, the Minister shall pay to each service manager the amount of federal funding for the year that the Minister determines, and shall make the payment in equal instalments that are due on January 1, April 1, July 1 and October 1.
Public notice
(2) The Minister shall publish a notice setting out the amount of federal funding payable to each service manager in The Ontario Gazette.
Use of funds
(3) The service manager is permitted to use the federal funds to defray the costs described in subsection (4) that are incurred by the service manager with respect to the housing programs prescribed for the purposes of this section and is not permitted to use those funds for any other purpose.
Same
(4) For the purposes of subsection (3), the permitted costs are those incurred in respect of residential accommodation and facilities, common areas and services used directly with the residential accommodation, but they do not include costs incurred in respect of non-residential uses such as commercial or institutional uses, social or recreational services and services or facilities related to mental or physical health care, education, corrections, food services, social support or public recreation.
Payments for GTA
(5) Despite subsection (1), the Minister shall pay any amount of federal funding allocated under this section to GTA service managers in accordance with section 136.
Use by Minister of federal funds
(6) The Minister may use some or all of the amount of federal funding allocated to a service manager for a year to pay amounts owing in that year,
(a)by the Ontario Housing Corporation to the Crown in right of Ontario in respect of a housing project developed under the National Housing Act (Canada) that is located within the service area of the service manager; or
(b)by the Ontario Housing Corporation to the Canada Mortgage and Housing Corporation under a debenture issued by the Ontario Housing Corporation in favour of the Canada Mortgage and Housing Corporation to secure the capital funding advanced by the Canada Mortgage and Housing Corporation for a housing project developed under the National Housing Act (Canada) that is located within the service area of the service manager.
Reduction
(7) The amount payable to a service manager under subsection (1) is reduced by any amount paid by the Minister under subsection (6) or (9).
Notice by Minister
(8) The Minister shall give written notice to the service manager of any payment made by the Minister under subsection (6) or (9) and shall do so no later than 30 days after the payment is made.
Transition
(9) The Minister may, at any time before payment is due to a service manager, pay to a local housing corporation in which the service manager is a shareholder all or part of the amount otherwise payable to the service manager under subsection (1) that is due on January 1, 2001, April 1, 2001 or July 1, 2001.
Special Rules for the
Greater Toronto Area
Definition
135. In sections 136 to138, "
GTA service manager" means the City of Toronto or the regional municipality of Durham, Halton, Peel or York.
GTA equalization
136. (1) The rules governing the amount of housing costs payable by GTA service managers are the rules set out in this section.
Application of certain provisions
(2) Sections 122 to 127 and subsection 128 (1) apply in respect of GTA service managers.
Notice to Minister
(3) A GTA service manager shall give the Minister a written notice setting out the amount of the GTA service manager's housing costs for each billing period specified by the Minister, and the notice must contain such information as the Minister may require.
Estimates of future costs
(4) The GTA service manager may include in the amount referred to in subsection (3) estimates of costs still to be incurred in respect of the billing period; in that case, section 131 applies.
Reallocation
(5) The Minister shall, in accordance with the regulations,
(a)reallocate among the GTA service managers the sum of the housing costs of all GTA service managers as determined by each of them for the billing period;
(b)determine, for each GTA service manager, how much of the amount reallocated to it under clause (a) the service manager is required to pay to the Minister of Finance; and
(c)determine, for each GTA service manager, how much of the amount reallocated to it under clause (a) the service manager is required to pay to one or more of the other GTA service managers.
Notice to service manager
(6) The Minister shall give each GTA service manager a written notice setting out,
(a)the amount allocated to each GTA service manager under clause (5) (a);
(b)the amount each GTA service manager must pay to the Minister, as determined under clause (5) (b);
(c)the amount each GTA service manager must pay to the other GTA service managers, as determined under clause (5) (c);
(d)the dates on which the amounts referred to in clauses (b) and (c) are payable; and
(e)such other information as the Minister considers appropriate.
When notice to be given
(7) The notice under subsection (6) shall be given on or before the earliest of the dates on which the amounts are payable.
Payment
(8) A GTA service manager shall make payment to the Minister of Finance and to the other service managers in accordance with the notice.
Interest and penalties
(9) If a GTA service manager does not pay the Minister of Finance or another GTA service manager the amount payable under a notice given under subsection (6), the Crown in right of Ontario or the other GTA service manager, as the case may be, may charge the service manager interest and penalties in accordance with the regulations.
Collection of amounts payable
(10) An amount payable under a notice given under subsection (6) is a debt of the GTA service manager owing to the Crown in right of Ontario or to another GTA service manager, as the case may be, on and after the due date set out in the notice, and the debt together with any interest or penalty that is charged on the debt under this Act may be recovered by any remedy or procedure available by law to the Crown or the GTA service manager, as the case may be.
Same
(11) The Minister of Finance may set off against amounts owing to a GTA service manager under a housing program any amount payable by the GTA service manager to the Minister of Finance under this section.
Same
(12) A GTA service manager may set off against amounts it owes to another GTA service manager any amount payable by the other GTA service manager to it under this section.
Use by Minister of federal funds
(13) The Minister may use some or all of the amount of federal funding allocated to a GTA service manager to pay all or part of an amount payable by that GTA service manager to another GTA service manager as determined under clause (5) (c) and, if the Minister does so, the amount payable by that GTA service manager to the other GTA service manager is the difference between the amount determined under clause (5) (c) and the amount paid by the Minister.
Change in allocation method
137. (1) The method established under section 136 of allocating GTA service managers' housing costs among the GTA service managers may be changed in accordance with this section.
Agreement
(2) The GTA service managers may change the method of allocating their housing costs if the change is agreed upon by a majority of the service managers representing at least two-thirds of the total weighted assessment within the Greater Toronto Area as determined under the Municipal Act.
Effect of agreement
(3) If an agreement is made under this section, the Minister shall make the reallocation and the determinations described in section 136 in accordance with the agreement and not in accordance with the regulations.
Request for review
138. (1) A GTA service manager who disagrees with an allocation made by the Minister under section 136 may request that the allocation be reviewed, and shall do so in accordance with this section.
Notice to Minister
(2) The service manager shall give written notice of the request to the Minister and the notice must contain such information as may be prescribed.
Notice by Minister
(3) Using the prescribed criteria, the Minister shall determine whether the allocation is reviewable and shall notify the service manager of his or her decision.
Request to GTSB
(4) If the Minister determines that the allocation is reviewable, the service manager may ask the Greater Toronto Services Board to undertake a review.
Review by GTSB
(5) The Greater Toronto Services Board shall establish a committee to undertake the review requested by the service manager, and subsection 23 (3) of the Greater Toronto Services Board Act, 1998 applies to the committee.
Powers of GTSB
(6) When a committee is established, the Board may,
(a)appoint any of the employees or agents of the Board to conduct an audit or investigation of the service manager for the purpose of assisting in the review;
(b)require the service manager to give the Board such information, documents and reports as the Board may request with respect to the allocation being reviewed.
part VIiI
social housing services
corporation
Definition
139. In this Part, "
corporation" means the corporation established under section 140.
Creation of corporation
140. (1) A corporation to be known in English as Social Housing Services Corporation and in French as Socit des services de logement social is hereby established as a corporation without share capital.
Composition
(2) The corporation is composed of,
(a)all service managers;
(b)all local housing corporations;
(c)prescribed housing providers that are non-profit housing corporations;
(d)prescribed housing providers that are non-profit housing co-operatives; and
(e)other housing providers that meet such requirements as may be prescribed.
Certain members need not act
(3) Members described in clause (2) (e) are permitted, but not required, to participate in the activities of the corporation.
Status
(4) The corporation is not an agent of Her Majesty for any purpose, despite the Crown Agency Act, and it is not an administrative unit of the Government of Ontario.
Deemed status
(5) The corporation shall be deemed to be an institution for the purposes of the Municipal Freedom of Information and Protection of Privacy Act and that Act applies, with necessary modifications, to the corporation.
Same
(6) The corporation shall be deemed to be an employer within the meaning and for the purposes of the Ontario Municipal Employees Retirement System Act but section 9 of that Act does not apply to the corporation or its employees.
Conflict of interest, indemnification
(7) Sections 132 and 136 of the Business Corporations Act apply, with necessary modifications, to members of the board and officers of the corporation.
Non-application
(8) The Corporations Act and the Corporations Information Act do not apply to the corporation.
Objects of the corporation
141. The objects of the corporation are,
(a)to co-ordinate insurance programs for prescribed housing providers under prescribed housing programs;
(b)to manage the pooling of capital reserve funds for prescribed housing providers;
(c)to establish and manage schemes for the joint purchase of goods and services by prescribed housing providers under prescribed housing programs;
(d)to undertake studies and provide advice to the province, service managers and prescribed housing providers with respect to the establishment and use of benchmarks and best practices to achieve the efficient and effective provision of housing.
Powers
142. (1) The board of directors of the corporation has the powers of a natural person and the powers necessary to carry out the objects of the corporation and for that purpose may,
(a)make by-laws governing its proceedings;
(b)manage funds held by the corporation on behalf of prescribed housing providers or cause such funds to be managed;
(c)establish investment policies to be followed by prescribed housing providers for capital reserves pooled under clause 93 (2) (f);
(d)establish policies and processes for providing insurance to prescribed housing providers and tender for programs of insurance on behalf of prescribed housing providers;
(e)study the costs and processes used in the provision of housing to which this Act applies and advise service managers and prescribed housing providers how these costs could be reduced and processes improved;
(f)arrange for the provision of education and training programs to service managers and prescribed housing providers and their employees with respect to any of the above matters;
(g)enter into agreements that are directly related to the objects of the corporation with any person;
(h)undertake such other activities as are necessary to achieve the corporation's objects.
Funds
(2) The funds that are managed under clause (1) (b) on behalf of a housing provider remain the property of that housing provider.
Restriction
(3) The corporation shall use its income solely in furtherance of its objects.
Board of directors
143. (1) The affairs of the corporation shall be managed by a board of directors consisting of two members appointed by the Minister, one of whom may be a representative of a local housing corporation, and the following members selected in accordance with the regulations:
1.One person, selected by the council of the City of Toronto.
2.One person selected by the councils of the regional municipalities of Durham, Halton, Peel and York.
3.One person selected by the council of the City of Toronto and the councils of the regional municipalities of Durham, Halton, Peel and York.
4.One person selected by the dssab service managers.
5.Four persons selected by the dssab service managers and the councils of the municipal service managers.
6.Three persons selected by the housing providers described in clause 140 (2) (c).
7.Two persons selected by the housing providers described in clause 140 (2) (d).
Term
(2) The term of a member of the board of directors is three years.
Same
(3) A member of the board of directors may hold office for more than one term.
End of term
(4) The term of a member of the board of directors ends on December 31 of the last year of his or her term but the member continues in office until his or her successor is elected or appointed.
First board
(5) Despite subsection (1), the first board of directors of the corporation is composed of 15 members appointed by the Minister for the following terms:
1.Five persons for a term ending December 31, 2002.
2.Eight persons for a term ending December 31, 2003.
3.Two persons for a term ending December 31, 2004.
Rotating terms
(6) The members of the first board of directors shall be replaced in the following manner:
1.In 2002 and each three years subsequently, the board of directors shall arrange for the selection of the members described in paragraphs 6 and 7 of subsection (1).
2.In 2003 and each three years subsequently, the board of directors shall arrange for the selection of the members described in paragraphs 1, 2, 3, 4 and 5 of subsection (1).
3.In 2004 and each three years subsequently, the Minister shall appoint the two members referred to under subsection (1) as being appointed by the Minister.
Timing
(7) The selection referred to in paragraph 2 of subsection (6) shall be made after the date of the general election conducted under the Municipal Elections Act, 1996.
Vacancies, generally
144. (1) A member of the board of directors of the corporation who is a member of a council referred to in subsection 143 (1), a district social services administration board or the board of directors of a housing provider ceases to be a member of the board of directors of the corporation if he or she,
(a)ceases to be a member of that council, district social services administration board or board of directors;
(b)resigns; or
(c)is unable to perform his or her duties or has refused to act for a period of 90 days.
Replacement
(2) If a vacancy occurs as described in subsection (1), the board of directors of the corporation shall appoint a person to hold office for the remainder of the unexpired term.
Vacancies, Ministerial appointments
(3) A member of the board of directors of the corporation who is appointed by the Minister ceases to be a member of the board if he or she resigns or is unable to perform his or her duties or has refused to act for a period of 90 days, and the Minister may appoint another person in his or her place for the remainder of the unexpired term.
Quorum
145. (1) A quorum consists of a majority of the members of the board of directors, which must, after December 31, 2002, include at least one member described in paragraph 6 or 7 of subsection 143 (1).
Voting
(2) Each member of the board of directors has one vote.
Tie vote
(3) The chair does not have a vote except for the purpose of breaking a tie.
Acting chair
(4) An acting chair described in subsection 146 (7) does have a vote.
Chair
146. (1) The board of directors shall elect one of its members as chair of the board.
Term
(2) The term of office of the chair is one year, but a person may be re-elected as chair for one additional term.
First board
(3) Despite subsections (1) and (2), the Minister shall appoint one of the members of the first board whose term expires on December 31, 2004 as chair for a term that ends on that date.
Disqualification
(4) A chair who ceases to be a member of the board of directors before the end of his or her term ceases to be the chair at the same time.
Vacancy
(5) If the office of the chair becomes vacant before the end of the chair's term,
(a) the board of directors shall promptly elect another member of the board as chair for the remainder of the unexpired term; or
(b)in the case of the first board, the Minister shall appoint another person, who need not be a member of the board, as chair for the remainder of the unexpired term.
Duty
(6) It is the duty of the chair to preside over the meetings of the board of directors.
Acting chair
(7) The board of directors may by by-law or resolution appoint a member of the board to act in the place of the chair when the chair is absent or refuses to act or the office of the chair is vacant and, while so acting, such member has all the powers and shall perform the duties of the chair.
Remuneration
147. (1) A member of the board of directors shall be paid such remuneration as the by-laws provide.
First chair
(2) Despite subsection (1), the Minister shall set the remuneration of the first chair.
Expenses
(3) A member of the board of directors is entitled to be reimbursed for reasonable expenses incurred in the course of performing his or her duties.
Decisions not made at meeting
148. (1) The board of directors may make a decision otherwise than at a meeting and the signature of a majority of the members of the board on a document setting out the decision is evidence of the board's decision.
Committees
(2) Subsection (1) applies with necessary modifications to a committee of the board of directors.
Meeting by telephone, etc.
149. Subsection 126 (13) of the Business Corporations Act applies, with necessary modifications, to meetings of the board of directors or a committee of the board of directors of the corporation.
Chief executive officer
150. (1) The board of directors shall appoint a chief executive officer who is responsible for the operation of the corporation and who shall implement the policies and procedures and perform such other duties as may be established by the board.
Secretary
(2) The chief executive officer is the secretary of the board of directors and shall conduct the elections under subsection 143 (1).
First CEO
(3) The chair appointed by the Minister for the first board is the chief executive officer until December 31, 2004 and, if that chair is replaced by the Minister under subsection 144 (3), the replacement is the chief executive officer until that date.
Expenditures before 2005
151. (1) This section applies with respect to expenditures incurred by the corporation during 2001, 2002, 2003 and 2004.
Budget
(2) The board of directors shall prepare a proposed annual budget for the corporation for 2001, 2002, 2003 and 2004 and shall submit the budget for each year to the Minister before the deadline fixed by the Minister.
Approval
(3) The Minister may approve any or all of the expenditures set out in the annual budget.
Payment
(4) The Minister of Finance shall pay the corporation an amount equal to the total of the expenditures that are incurred before December 31, 2004 and approved under subsection (3).
Expenditures in and after 2005
152. With respect to expenditures incurred by the corporation on and after January 1, 2005, the members of the corporation who are service managers shall pay such of those expenditures as are prescribed and shall pay them in the prescribed manner.
Annual report
153. (1) The corporation shall prepare an annual report on the affairs of the corporation and deliver it to the Minister within 150 days after the end of its fiscal year.
Contents
(2) The annual report shall include the audited financial statements and such other information as may be prescribed.
Copy to members
(3) A copy of the report shall be provided to each member of the board of directors.
Reports by service managers, etc.
154. (1) Service managers and housing providers shall file reports with the corporation containing the prescribed information in the prescribed manner and at the prescribed times.
Information on request
(2) On the request of the corporation, a service manager or housing provider shall provide the corporation with such information as the corporation considers necessary to carry out its objects.
Immunity
155. No action or other proceeding for damages shall be brought against a member of the board of directors or any employee of the corporation as a result of any act done in good faith in the performance or intended performance of any duty under this Act or in the exercise or intended exercise of any power under this Act, or as a result of any neglect in the performance or exercise in good faith of such duty or power, but such action or proceeding may be brought against the corporation.
part ix
general
Administrative Matters
Conflicts
156. (1) This Act applies despite any general or special Act and despite any regulation made under any other Act.
Same
(2) In the event of a conflict between this Act and another Act or a regulation made under another Act, this Act prevails except where otherwise provided in this Act.
Power to amend, replace certain operating
agreements
157. (1) This section applies with respect to an operating agreement to which the Government of Canada or the Canada Mortgage and Housing Corporation is a party that was entered into with respect to a prescribed transferred housing program.
Same
(2) The service manager to whom responsibility for funding and administering a housing project under the housing program to which the operating agreement relates and the housing provider may amend or terminate and replace the operating agreement as it relates to the housing project, and shall do so in writing.
Fraud control unit
158. (1) The Minister may establish a social housing fraud control unit or may assign duties for investigating and preventing social housing fraud to a social assistance fraud control unit established under subsection 57 (1) of the Ontario Works Act, 1997.
Local unit
(2) Each service manager may establish a local social housing fraud control unit or may assign duties for investigating and preventing social housing fraud in all or part of the service manager's geographic area to a local fraud control unit established under subsection 57 (2) of the Ontario Works Act, 1997.
Mandate
(3) A fraud control unit established or assigned duties under this section may investigate the eligibility of a household to receive or to continue to receive rent-geared-to-income assistance, including possible violations of this Act and the regulations.
Deeming provision
(4) Persons engaged in investigations under this section or section 159 shall be deemed to be engaged in law enforcement for the purposes of the Freedom of Information and Protection of Privacy Act and the Municipal Freedom of Information and Protection of Privacy Act.
Eligibility review officers
159. (1) The Minister or a service manager may designate persons as eligibility review officers.
Investigation
(2) An eligibility review officer may investigate the past or present eligibility of a household to receive rent-geared-to-income assistance, and may investigate any member of a household under investigation, and for that purpose has the prescribed powers and the power to apply for and act under a search warrant.
Family support workers
(3) A service manager, or person or organization authorized to do so by the service manager, may designate persons as family support workers to assist any member of a household that is eligible for rent-geared-to-income assistance in taking whatever action is necessary to pursue financial support from persons with a legal obligation to provide it.
Powers and duties
(4) Family support workers have the prescribed powers and duties, including the authority to collect and disclose personal information to assist in legal proceedings for support and in the enforcement of agreements, orders and judgments relating to support.
Prohibition, obstruction
160. (1) No person shall obstruct or knowingly give false information to a person engaged in an investigation authorized by section 158 or 159.
Penalty
(2) A person who contravenes subsection (1) is guilty of an offence and, on conviction, is liable to a fine of not more than $5,000 or to imprisonment for a term of not more than six months or to both.
Electronic signature
161. (1) If this Act or the regulations require an individual's signature, one or more of the individual's personal identification number, password or photographic image may be used in the place of his or her signature to authenticate the individual's identity and to act as authorization of or consent to a transaction relating to an application for rent-geared-to-income assistance.
Storage
(2) If a person collects an individual's personal identification number, password or photographic image under this Act, it shall be recorded and stored in a secure electronic environment.
Collection, Use and Disclosure of
Personal Information
Personal information, standards
162. (1) A housing provider and any person providing services with respect to a housing program prescribed for the purposes of this subsection or housing project prescribed for the purposes of this subsection, including any person acting pursuant to an agreement under section 16, shall comply with the prescribed standards for the collection, use, disclosure and safeguarding of privacy of personal information and for a person's access to his or her personal information.
Exception
(2) Subsection (1) does not apply to a housing provider or person that is defined as an institution under the Freedom of Information and Protection of Privacy Act or the Municipal Freedom of Information and Protection of Privacy Act.
Disclosure to institutions
(3) Where this Act or the regulations authorize the disclosure of information from or to an institution, as defined under the Freedom of Information and Protection of Privacy Act or the Municipal Freedom of Information and Protection of Privacy Act,
(a)subsection 39 (2) of the Freedom of Information and Protection of Privacy Act and subsection 29 (2) of the Municipal Freedom of Information and Protection of Privacy Act do not apply to the institution to which the information is being disclosed in respect of that information;
(b)the information shall be deemed to have been disclosed for the purpose of complying with this section; and
(c)the information shall be deemed to have been obtained or compiled by the receiving institution for a purpose consistent with the purpose for which the information was initially obtained or compiled.
Control of record
(4) A person does not have control of a record for the purposes of the Freedom of Information and Protection of Privacy Act or the Municipal Freedom of Information and Protection of Privacy Act just because the person is entitled under section 20 or 21, subsection 55 (4) or (9) or section 113 or 114 to obtain a copy of a record.
Agreements of Minister
163. (1) The Minister may enter into agreements with respect to the collection, use and disclosure of information with the following:
1.The Government of Canada or a department, ministry or agency of it.
2.The government of a province or territory in Canada or a department, ministry or agency of it.
3.The government of the United States or the government of a state of the United States or a department or agency of either.
4.A body that is an institution under the Freedom of Information and Protection of Privacy Act or under the Municipal Freedom of Information and Protection of Privacy Act.
5.The government of another country or a department or agency of it.
6.Such other bodies as may be prescribed.
Disclosure of personal information
(2) The Minister may disclose to a government or body referred to in subsection (1) personal information collected for the purpose of administering or enforcing this Act and the regulations if,
(a)the disclosure is made in accordance with the agreement;
(b)the government or body administers or enforces a social benefit program or a social housing or rent-geared-to-income assistance program or is conducting research related to such programs or the information relates to the administration or enforcement of or research relating to the Income Tax Act, the Income Tax Act (Canada), the Immigration Act (Canada), or the prescribed Acts; and
(c)the government or body agrees to use the information only for the purpose of administering, enforcing or conducting research related to a social benefit program or social housing or rent-geared-to-income assistance program, the Income Tax Act, the Income Tax Act (Canada), the Immigration Act (Canada) or the prescribed Acts.
Confidentiality
(3) An agreement under this section shall provide that personal information collected, used or disclosed under it is confidential and shall establish mechanisms for maintaining the confidentiality and security of the information.
No notice required
(4) Subsection 39 (2) of the Freedom of Information and Protection of Privacy Act and subsection 29 (2) of the Municipal Freedom of Information and Protection of Privacy Act do not apply with respect to information collected under an agreement under subsection (1) if,
(a)the information has been collected by data matching;
(b)notice to the individual might frustrate an investigation; or
(c)notice to the individual is not feasible.
Collection of personal information
(5) The Minister may collect personal information from a government or body with whom he or she has made an agreement under this section in accordance with that agreement.
Disclosure by institution
(6) A body described in paragraph 4 of subsection (1) may disclose personal information in its possession to the Minister, service manager or housing provider if the information is necessary for purposes related to their powers and duties under this Act.
Confidentiality provisions in other Acts
(7) Subsection (6) prevails over a provision in any other Act, other than the Freedom of Information and Protection of Privacy Act or the Municipal Freedom of Information and Protection of Privacy Act.
Service manager bound
(8) A service manager is bound by the terms and conditions of an agreement with a government or body referred to in subsection (1) unless the service manager also has a similar agreement with that body.
Information about identifiable individuals
(9) Information disclosed under this section or section 164 shall not include the names of individuals unless information about identifiable individuals is necessary for the purposes of the agreement.
Disposition of personal information
(10) An agreement under this section or section 164 shall include a plan for the disposition of the personal information.
Accuracy of information
(11) The Minister and each service manager shall take reasonable measures to seek assurances that information collected under this section or section 164 is accurate and current.
Agreements of service managers
164. (1) With the approval of the Minister, a service manager may enter into an agreement with a government or body referred to in subsection 163 (1) with respect to the collection, use and disclosure of information.
Disclosure of personal information
(2) A service manager that is party to an agreement under subsection (1) may disclose personal information collected for the purpose of administering or enforcing this Act to any government or body with whom the agreement has been made if,
(a)the disclosure is made in accordance with the agreement;
(b)the government or body administers or enforces a social benefit program or a social housing or rent-geared-to-income assistance program or is conducting research related to a social benefit program or a social housing or rent-geared-to-income assistance program or the information relates to the administration or enforcement of or research relating to the Income Tax Act, the Income Tax Act (Canada), the Immigration Act (Canada) or the prescribed Acts; and
(c)the government or body agrees to use the information only for the purpose of administering, enforcing or conducting research related to a social benefit program or a social housing or rent-geared-to-income assistance program, the Income Tax Act, the Income Tax Act (Canada), the Immigration Act (Canada) or the prescribed Acts.
Confidentiality
(3) An agreement under this section shall provide that personal information collected, used or disclosed under it is confidential and shall establish mechanisms for maintaining the confidentiality and security of the information.
Collection of personal information
(4) A service manager that is party to an agreement under subsection (1) may collect personal information from a government or body that is party to the agreement in accordance with that agreement.
Sharing information
165. (1) The Minister, the Ontario Housing Corporation, the Social Housing Services Corporation, each service manager, each administrator, each housing provider, each lead agency and each person or organization providing services by contract to any of them may share with any of the following persons personal information that is in their possession and was collected under this Act, the Ontario Works Act, 1997, the Ontario Disability Support Program Act, 1997 or the Day Nurseries Act, if the information is necessary for the purposes of making decisions or verifying eligibility for assistance under this or those Acts:
1.With one another.
2.With the Director appointed under the Ontario Disability Support Program Act, 1997 and any person exercising the Director's powers and duties under section 39 of that Act.
3.With the Director appointed under the Ontario Works Act, 1997 and any person exercising the Director's powers and duties under section 47 of that Act.
4.With the Director or an administrator appointed under the Day Nurseries Act.
Notification on collection
(2) When a service manager, supportive housing provider or lead agency collects personal information from a household in the course of performing its duties under this Act, it shall,
(a)notify the household that information provided by the household may be shared,
(i)as necessary for the purposes of making decisions or verifying eligibility for assistance under this Act, the Ontario Disability Support Program Act, 1997, the Ontario Works Act, 1997 or the Day Nurseries Act, or
(ii)as authorized by an agreement made under section 163 or 164; and
(b)notify the household of the name, business address and business telephone number of a person who can answer questions and respond to complaints about the collection, use or disclosure of the information.
Restriction re prescribed personal information
166. The prescribed types of personal information shall not be disclosed or shared under section 163, 164 or 165 except in accordance with the regulations.
Regulations
Regulations generally
167. (1) The Lieutenant Governor in Council may make regulations respecting the following matters:
1.Defining words and expressions that are not defined in this Act.
2.Prescribing any matter required or permitted by this Act to be, or referred to in this Act as, prescribed by the regulations, for which a specific power is not otherwise provided in sections 168 to 176.
3.Exempting any person, premises or thing, any combination of any of them or any class of any of them from any provision of this Act or the regulations, and prescribing conditions or restrictions that apply in respect of an exemption.
4.Providing for such transitional matters as the Lieutenant Governor in Council considers necessary or advisable in connection with the implementation of this Act.
Minister's regulations (general)
(2) The Minister may make regulations respecting the following matters:
1.Exempting any person, premises or thing, any combination of them or any class of them from any provision of a regulation made by the Minister and prescribing conditions or restrictions that apply in respect of an exemption.
2.Providing for such transitional matters relating to a regulation made by the Minister that the Minister considers necessary or advisable in connection with the implementation of the matter addressed by the regulation.
Transition regulations
(3) A regulation made under paragraph 4 of subsection (1),
(a)may provide that despite the proclamation of this Act or a provision of this Act, this Act or the provision does not take effect in all or part of the province until the date specified in the regulation;
(b)may provide that another Act or a provision of another Act that is repealed by this Act continues to apply, for a specified period of time and with necessary modifications, to specified things or in specified circumstances;
(c)may specify that, for a specified period of time, a person is entitled to exercise the powers or required to perform the duties of another person under this or any other Act instead of the person otherwise entitled or required to do so and providing that actions by the person who exercises those powers or performs those duties shall be deemed, for the purposes of the applicable Act, to be the actions of the person otherwise entitled to exercise the powers or required to perform the duties under that Act.
General or particular
(4) A regulation may be general or particular in its application.
Classes
(5) A regulation may create different classes and may establish different rules in relation to the different classes.
Conditions and restrictions
(6) A regulation may impose conditions and restrictions with respect to the exercise of a power or the performance of a duty established by the regulation.
Regulations respecting Part I (Interpretation)
168. The Lieutenant Governor in Council may make regulations respecting the following matters:
1.Prescribing housing programs for the purposes of the definition of "federal funding" in section 2.
2.Prescribing criteria for the purposes of the definition of "high need household" in section 2.
3.Prescribing programs for the purposes of the definition of "housing program" in section 2.
Regulations respecting Part II (Service Managers)
169. (1) The Lieutenant Governor in Council may make regulations respecting the following matters:
1.For the purposes of section 5 (powers of service manager), prescribing additional powers and prescribing conditions and restrictions on the exercise of powers.
2.Prescribing municipalities for the purposes of subsection 8 (2) (powers of dssab service manager re debentures).
3.Prescribing housing programs for the purposes of subsection 9 (2) (restrictions re mortgage financing).
4.Prescribing the matters referred to in subsection 10 (1) as being prescribed (duties re transferred housing programs).
5.For the purposes of subsection 10 (3), prescribing criteria and rules to be met with respect to the administration and funding of housing programs.
6.Prescribing housing providers for the purposes of subsection 10 (6) (language of services).
7.Prescribing the matters referred to in subsection 11 (1) (service levels, households) as being prescribed.
8.Prescribing housing programs for the purposes of subsection 11 (2) (exclusions).
9.Prescribing the matters referred to in subsection 11 (3) (service levels, modified units) as being prescribed.
10.For the purposes of subsection 12 (1) (prescribed duties), prescribing additional duties of service managers.
11.For the purposes of subsection 12 (2) (prescribed restrictions, etc.), prescribing conditions and restrictions on the performance of duties.
12.Prescribing conditions and restrictions for the purposes of clause 15 (1) (b) (appointment of administrator).
13.For the purposes of subsection 18 (4) (notice of project in difficulty), prescribing information to be included in the written notice.
14.For the purposes of section 19 (records), prescribing the records to be kept by a service manager and the length of time that they must be kept.
15.Prescribing dates, information and documents for the purposes of subsections 20 (1) and (2) (annual report).
Minister's regulations (Part II Service Managers)
(2) The Minister may make regulations in respect of the following matters:
1.For the purposes of subsection 4 (1) (designation of service manager), designating municipalities, district social services administration boards, area services boards and other agencies, boards and commissions as service managers.
2.For the purposes of subsection 4 (2) (service area), specifying the geographic area that is the service area of each service manager.
3.Establishing a system or process by which a service manager may obtain mortgage financing on behalf of or for the benefit of a housing provider described in section 9. The regulation may authorize another ministry or entity to operate the system or process.
4.For the purposes of subsection 16 (2) (agreement regarding performance by another person), prescribing conditions and restrictions on the authority of the service manager to enter into an agreement and on the scope of the agreement.
Regulations respecting Part III (Local Housing Corporations)
170. (1) The Lieutenant Governor in Council may make regulations respecting the following matters:
1.For the purposes of subsection 23 (7) (first share issuance), prescribing the number of common shares a local housing corporation is deemed to have issued to a prescribed service manager.
2.For the purposes of subsection 32 (3) (relationship of local housing corporation to related service manager), prescribing provincial rules governing the accountability of a local housing corporation to its related service manager for its operations and activities.
3.Prescribing housing programs for the purposes of subsection 32 (5) (relationship of local housing corporation to related service manager).
4.For the purposes of paragraph 3 of subsection 32 (5) (relationship of local housing corporation to related service manager), prescribing rules respecting the establishment and use of benchmarks and best practices.
Minister's regulations (Part III Local Housing Corporations)
(2) The Minister may make regulations respecting the following matters:
1.For the purposes of paragraph 1 of subsection 32 (5) (relationship of local housing corporation to related service manager), prescribing the manner of determining the amounts payable by a service manager to a local housing corporation.
Regulations respecting Part IV (Transfer Orders)
171. (1) The Lieutenant Governor in Council may make regulations with respect to the following matters:
1.Prescribing the matters referred to in subsections 41 (1) and (2) (inspection of transfer orders) as being prescribed.
2.Prescribing the matters referred to in subsection 48 (3) (transfer deemed not to have certain effects) as being prescribed.
3.Prescribing criteria for the purposes of subparagraph 4 ii of subsection 50 (2) (restrictions, real property).
4.Prescribing the matters referred to in section 60 (legislation from which certain transfers exempt) as being prescribed.
5.Governing the transfer of assets, liabilities, rights and obligations, including the transfer of employees, under Part IV and supplementing the provisions of Part IV.
Minister's regulations (Part IV Transfer Orders)
(2) The Minister may make regulations with respect to the following matters:
1.Prescribing archival documents or classes of archival documents for the purposes of subsections 55 (3) and (6) (transfer of documents).
Regulations respecting Part V (Eligibility for Assistance)
172. (1) The Lieutenant Governor in Council may make regulations respecting the following matters:
1.Prescribing policy statements to be applied in the interpretation of Part V and of regulations made with respect to Part V and requiring service managers, lead agencies and housing providers to apply them.
2.Prescribing housing programs for the purposes of the definition of "designated housing project" in section 62.
3.Prescribing information and documents for the purposes of subsection 65 (2) (application for assistance).
4.Prescribing the requirements for a notice given under subsection 66 (5) (eligibility for assistance).
5.Prescribing the requirements for a notice given under subsection 67 (4) (type of accommodation).
6.For the purposes of subsection 68 (1) (waiting lists for units), prescribing the requirements to be met by service managers when establishing and administering waiting lists.
7.For the purposes of subsection 68 (4) (waiting lists for units), prescribing the requirements to be met when determining the category within a waiting list a household is to be included in.
8.Prescribing the requirements for a notice given under subsection 68 (6) (waiting lists for units).
9.For the purposes of subsection 69 (2) (amount of geared-to-income rent), prescribing the standards to be used when determining the amount of geared-to-income rent payable by a household.
10.Prescribing the requirements for a notice given under subsection 69 (3) (amount of geared-to-income rent).
11.For the purposes of subsection 70 (2) (deferral of rent), prescribing the requirements to be met for an application for deferral of rent.
12.Prescribing circumstances and criteria for the purposes of subsection 70 (3) (deferral of rent).
13.Prescribing the requirements for a notice given under subsection 70 (4) (deferral of rent).
14.Prescribing information and documents for the purposes of subsection 71 (2) (application for special needs housing).
15.Prescribing the requirements for a notice given under subsection 72 (5) (eligibility for special needs housing).
16.Prescribing the requirements for a notice given under subsection 73 (4) (type of accommodation).
17.For the purposes of subsection 74 (1) (waiting lists for special needs housing), prescribing the requirements to be met by service managers, supportive housing providers and lead agencies when establishing and administering waiting lists.
18.For the purposes of subsection 74 (3) (waiting lists for special needs housing), prescribing the requirements to be met when determining the category within a waiting list a household is to be included in.
19.Prescribing the requirements for a notice given under subsection 74 (5) (waiting lists for special needs housing).
20.Prescribing requirements for the provision of information, for the purposes of subsection 74 (7) (waiting lists for special needs housing).
21.For the purposes of section 75 (eligibility rules), establishing provincial eligibility rules for rent-geared-to-income assistance and for special needs housing.
22.For the purposes of subsection 75 (5) (eligibility rules), prescribing the matters that may be dealt with in local eligibility rules.
23.For the purposes of subsection 75 (6) (eligibility rules), prescribing the requirements with which a service manager must comply in establishing local eligibility rules.
24.Establishing provincial occupancy standards for the purposes of section 76 (occupancy standards).
25.Prescribing the matters referred to in subsection 76 (4) (occupancy standards) as being prescribed.
26.Establishing provincial priority rules for the purposes of section 77 (priority rules).
27.For the purposes of subsection 82 (2) (internal review), prescribing requirements relating to a request for an internal review of a decision.
28.For the purposes of subsection 83 (1) (conduct of review), prescribing requirements for the conduct of an internal review of a decision.
29.For the purposes of subsection 86 (3) (reimbursement of service manager), prescribing the requirements for determining the amount to be paid to the service manager.
30.Prescribing a percentage for the purposes of subsection 86 (5) (reimbursement of service manager).
31.Prescribing the requirements for a notice given under subsection 86 (6) (reimbursement of service manager).
32.Prescribing requirements for the purposes of subsection 88 (1) (designation of lead agencies).
33.Terminating a referral agreement and prescribing the date on which it is terminated, for the purposes of subsection 89 (2) (referral agreements).
34.Prescribing rules for the purposes of subsection 89 (3) (referral agreements).
Minister's regulations (Part V Eligibility for Assistance)
(2) The Minister may make regulations in respect of the following matters:
1.For the purposes of section 64 (service manager, supportive housing provider or lead agency), prescribing provisions of Part V that apply to a supportive housing provider in respect of a specified service area.
2.For the purposes of subsection 90 (5) (application procedures), prescribing requirements to be met by service managers, supportive housing providers and lead agencies in establishing application procedures for special needs housing.
Regulations respecting Part VI (Operating Framework -
Certain Transferred Housing Programs)
173. (1) The Lieutenant Governor in Council may make regulations respecting the following matters:
1.Prescribing the matters referred to in section 91 (termination of operating agreements) as being prescribed.
2.Prescribing rules for the purposes of clause 95 (3) (a) (restrictions on mortgage, etc., of housing project).
Minister's regulations (Part VI Operating Framework - Certain Transferred Housing Programs)
(2) The Minister may make regulations respecting the following matters:
1.For the purposes of section 93 (provincial requirements for housing providers), establishing provincial requirements for housing providers.
2.For the purposes of subsection 94 (1) (local standards), prescribing the matters that may be dealt with in local standards for housing providers.
3.For the purposes of subsection 102 (2) (duty to pay subsidy), prescribing the date on which the duty to pay a subsidy for a housing project is terminated.
4.Prescribing one or more market rent indices for the purposes of section 103 (general subsidy).
5.Prescribing the manner of determining the amount of the operating reserve referred to in the definition of "P" in subsection 103 (10) (general subsidy).
6.Prescribing the manner of determining the amounts referred to in subsection 103 (11) (general subsidy).
7.Prescribing the manner of determining the amounts referred to in subsection 104 (1) (benchmark revenue, etc.).
8.Prescribing units and classes of units for the purposes of paragraph 4 of subsection 104 (1) (benchmark revenue, etc.).
9.Prescribing housing providers for the purposes of subsection 106 (1) (subsidy re certain housing providers).
10.Prescribing one or more cost indices for the purposes of section 106 (subsidy re certain housing providers).
11.Prescribing the manner of determining benchmark operating costs for the purposes of section 107 (benchmark operating costs).
12.Prescribing the manner of determining the amount of the operating reserve referred to in the definition of "H" in subsection 106 (4) (subsidy re certain housing providers).
13.Prescribing requirements referred to in section 110 (guidelines and requirements).
14.Prescribing terms and conditions for the purposes of subsection 111 (3) (additional subsidy).
15.For the purposes of section 112 (records), prescribing the records to be kept by a housing provider and the length of time that they must be kept.
16.Prescribing information and documents for the purposes of subsection 113 (2) (annual report).
17.For the purposes of subsections 113 (3) and (4) (report re households), requiring housing providers to give the service manager a report and prescribing information and documents to be included in the report.
Regulations respecting Part VII (Payment of Provincial and
Local Housing Costs)
174. (1) The Lieutenant Governor in Council may make regulations with respect to the following matters:
1.Prescribing housing programs and costs for the purposes of subsection 122 (1) (provincial housing costs).
2.For the purposes of subsection 122 (3) (provincial housing costs), prescribing billing periods and prescribing the manner of determining the amount of the provincial housing costs for a billing period.
3.Prescribing the manner of making the determination required by subsection 123 (1) (recoverable amount).
4.Prescribing the manner of making the allocation required by subsection 123 (2) (allocation).
5.Prescribing the other information referred to in subsection 123 (3) (notice).
6.Governing interest and penalties for the purposes of section 125 (interest and penalties).
7.Prescribing amounts for the purposes of subsection 127 (2) (service manager's housing costs).
8.For the purposes of subsection 128 (1) (calculation by service manager), prescribing requirements for the calculation of the amount of the service manager's housing costs.
9.Governing the apportionment of a municipal service manager's housing costs for the purposes of subsection 129 (1) (apportionment by municipal service manager).
10.Prescribing information to be included in the notice required by subsection 129 (2) (apportionment by municipal service manager).
11.Governing the apportionment of a dssab service manager's housing costs for the purposes of section 130 (apportionment by dssab service manager).
12.For the purposes of section 130 (apportionment by dssab service manager), specifying that a municipality shall be deemed to be territory without municipal organization.
13.Governing payment by the Minister to a dssab service manager of the amounts referred to in subsection 130 (4) (payment).
14.Governing payment by a dssab service manager to the Minister of the amount referred to in clause 130 (5) (a) and payment by the Minister to a dssab service manager of the amount referred to in clause 130 (5) (b).
15.Governing interest and penalties for the purposes of section 132 (interest and penalties).
16.Prescribing housing programs for the purposes of subsection 134 (3) (use of federal funds).
17.Governing the duties of the Minister set out in subsection 136 (5) (GTA equalization).
18.Governing interest and penalties for the purposes of subsection 136 (9) (GTA equalization).
19.Prescribing the requirements for a notice given under subsection 138 (2) (request for review).
20.For the purposes of subsection 138 (3) (request for review), prescribing criteria for determining whether an allocation is reviewable.
Apportionment regulations
(2) A regulation under paragraph 9 or 11 of subsection (1) may do one or more of the following:
1.Subject to the requirements and conditions specified in the regulation,
i.in the case of a regulation under paragraph 9 of subsection (1), provide for the apportionment to be determined by the agreement of the municipal service manager and the independent municipalities in its service area, and authorize municipalities to enter into these agreements, and
ii.in the case of a regulation under paragraph 11 of subsection (1), provide for the method of apportionment to be determined by the dssab service manager.
2.Subject to the specified requirements and conditions, provide for the apportionment to be determined by an arbitration process, and set out the arbitration process.
3.Subject to the specified requirements and conditions, provide for the apportionment to be determined by any other method, and set out the method.
Interim apportionment
(3) A regulation under paragraph 1 or 2 of subsection (2) may,
(a)provide for the apportionment to be determined by another method on an interim basis until such time as an agreement or an arbitration decision is made, and set out the method;
(b)permit an agreement or an arbitration decision to apply to amounts paid or owing before the agreement or arbitration decision is made; and
(c)provide for the reconciliation of amounts paid on an interim basis.
Regulations respecting interest and penalties
(4) A regulation under paragraph 15 of subsection (1) may, subject to the requirements and conditions specified in the regulation,
(a)if the apportionment is determined by the agreement of the municipal service manager and the independent municipalities in its service area, provide for interest and penalties to be determined by such agreement and, if the method of apportionment is determined by the dssab service manager, provide for the interest and penalties to be determined by the dssab service manager;
(b)provide for interest and penalties to be determined in accordance with the arbitration decision made following the arbitration process referred to in paragraph 2 of subsection (2); or
(c)provide for interest and penalties to be determined in accordance with any other method, and set out the method.
Regulations respecting Part VIII (Social Housing Services
Corporation)
175. The Lieutenant Governor in Council may make regulations respecting the following matters:
1.Prescribing housing providers for the purposes of clauses 140 (2) (c) and (d) (creation of corporation).
2.Prescribing requirements for the purposes of clause 140 (2) (e) (creation of corporation).
3.Prescribing housing providers and housing programs for the purposes of clauses 141 (a), (b), (c) and (d) (objects of the corporation).
4.Prescribing housing providers for the purposes of clauses 142 (1) (b), (c), (d), (e), (f) and (g) (powers).
5.Governing the selection of the members of the board of directors described in paragraphs 1 to 7 of subsection 143 (1).
6.Prescribing the expenditures of the corporation that the members who are service managers must pay and the manner in which they must be paid, for the purposes of section 152 (expenditures in and after 2005).
7.Prescribing information and documents for the purposes of subsection 153 (2) (annual report).
8.Prescribing the matters referred to in subsection 154 (1) (reports by service managers, etc.) as being prescribed.
Regulations respecting Part IX (General)
176. The Lieutenant Governor in Council may make regulations respecting the following matters:
1.Prescribing transferred housing programs for the purposes of subsection 157 (1) (power to amend, replace certain operating agreements).
2.For the purposes of subsection 159 (2) (eligibility review officers), prescribing the powers of eligibility review officers.
3.For the purposes of subsection 159 (4) (family support workers), prescribing the powers and duties of family support workers.
4.For the purposes of subsection 162 (1) (personal information, standards), prescribing housing programs and housing projects and governing standards for the collection, use, disclosure and safeguarding of privacy of personal information and for a person's access to his or her personal information.
5.Prescribing bodies for the purposes of paragraph 6 of subsection 163 (1) (agreements of Minister).
6.Prescribing statutes for the purposes of clauses 163 (2) (b) and (c) (agreements of Minister).
7.Prescribing Acts for the purposes of clauses 164 (2) (b) and (c) (agreements of service managers).
8.Prescribing types of personal information and rules for the disclosure or sharing of each type of personal information, for the purposes of section 166 (restriction re prescribed personal information).
part x
amendments, REPEALS,
commencement AND SHORT TITLE
Amendments to the Ontario Housing Corporation Act
177. (1) The definition of "Minister" in section 1 of the Ontario Housing Corporation Act is repealed and the following substituted: "
Minister" means the Minister of Municipal Affairs and Housing or such other member of the Executive Council to whom the administration of this Act may be assigned under the Executive Council Act. ("ministre")
(2) Subsection 2 (2) of the Act is repealed and the following substituted:
Composition
(2) The Corporation shall consist of not fewer than three members appointed by the Lieutenant Governor in Council, each of whom must be a public servant.
(3) Subsection 3 (1) of the Act is amended by striking out "and one of them as vice-chair".
(4) Subsection 3 (2) of the Act is repealed.
(5) Subsection 6 (1) of the Act is amended by striking out "sections 2 and 4" and substituting "section 2".
(6) Subsection 6 (3) of the Act is repealed.
(7) Subsection 6 (5) of the Act is repealed.
(8) Subsection 10 (1) of the Act is amended by striking out "Treasurer of Ontario" and substituting "Minister of Finance".
Repeal of the
Social Housing Funding Act, 1997
178. (1) The Social Housing Funding Act, 1997 is repealed.
Transition
(2) Despite the repeal of the Social Housing Funding Act, 1997, that Act, as it reads immediately before its repeal, continues to apply,
(a)in respect of billing periods ending before the day this section comes into force; and
(b)to a review under subsection 5 (3) of that Act commenced before the day this section comes into force.
Amendments to the Tenant Protection Act, 1997
179. (1) Subsection 5 (1) of the Tenant Protection Act, 1997 is amended by adding the following paragraph:
1.1A rental unit in a residential complex described in paragraph 1 whose ownership, operation or management is transferred under the Social Housing Reform Act, 2000 to a service manager or local housing corporation as defined in that Act.
(2) Paragraph 2 of subsection 5 (1) of the Act is repealed and the following substituted:
2.A rental unit located in a non-profit housing project or other residential complex, if the non-profit housing project or other residential complex was developed or acquired under a prescribed federal, provincial or municipal program and continues to operate under,
i.Part VI of the Social Housing Reform Act, 2000,
ii.an operating agreement, as defined in the Social Housing Reform Act, 2000, or
iii.an agreement made between a housing provider, as defined in the Social Housing Reform Act, 2000, and one or more of,
A.a municipality,
B.an agency of a municipality,
C.a non-profit corporation controlled by a municipality, if an object of the non-profit corporation is the provision of housing,
D.a local housing corporation, as defined in the Social Housing Reform Act, 2000, or
E.a service manager, as defined in the Social Housing Reform Act, 2000.
(3) Clause 5 (2) (a) of the Act is amended by striking out "2 or 3" and substituting "1.1, 2 or 3".
(4) Subsection 5 (3) of the Act is amended by striking out "2 or 3" and substituting "1.1, 2 or 3".
(5) Section 5 of the Act is amended by adding the following subsection:
Exception
(4.1) Despite subsection (1), the provisions of this Act set out in that subsection apply with respect to a rental unit described in paragraph 1.1 of that subsection if the tenant occupying the rental unit pays rent to a landlord other than a service manager or local housing corporation as defined in the Social Housing Reform Act, 2000 or an agency of either of them.
(6) Subsection 6 (1) of the Act is amended by striking out "2 or 3" and substituting "1.1, 2 or 3".
(7) Paragraph 2 of subsection 60 (1) of the Act is amended by striking out "2 or 3" and substituting "1.1, 2 or 3".
(8) Subsection 62 (2) of the Act is amended by striking out "2 or 3" and substituting "1.1, 2 or 3".
Commencement
180. This Act comes into force on a day to be named by proclamation of the Lieutenant Governor.
Short title
181. The short title of this Act is the Social Housing Reform Act, 2000.