jswizzle3737/ontario_laws_and_regs huggingface dataset:
56 (1) This section applies if a household received rent-geared-to-income assistance to which it was not entitled because either, (a)  the amount of the geared-to-income rent was less than what the household was entitled to; or (b)  the household was not entitled to rent-geared-to-income assistance.  2011, c. 6, Sched. 1, s. 56 (1). Repayment by household (2) Subject to any prescribed limitations, the service manager may require the household to pay the service manager the difference between the rent the household paid and the rent the household should have paid.  2011, c. 6, Sched. 1, s. 56 (2). Individuals liable (3) The members of the household who were parties to the lease or occupancy agreement are jointly and severally liable to pay the amount required under subsection (2).  2011, c. 6, Sched. 1, s. 56 (3). Recovery (4) An amount a person is required to pay under subsection (3) is a debt owed to the service manager and the service manager may recover the debt by any remedy or procedure available to the service manager by law.  2011, c. 6, Sched. 1, s. 56 (4). Recovery by rent increase (5) Subject to any prescribed limitations or requirements, the service manager may recover an amount required under subsection (2) by increasing the amount of the geared-to-income rent payable by the household to the housing provider and either, (a)  deducting the increase from the subsidy paid by the service manager to the housing provider under section 28 or 78; or (b)  requiring the housing provider to pay the service manager the increase.  2011, c. 6, Sched. 1, s. 56 (5). Same (6) Sections 116 and 118 of the
Residential Tenancies Act, 2006 do not apply with respect to an increase under subsection (5).  2011, c. 6, Sched. 1, s. 56 (6).
57 (1) A service manager may designate persons as eligibility review officers.  2011, c. 6, Sched. 1, s. 57 (1). 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.  2011, c. 6, Sched. 1, s. 57 (2). Powers (3) An eligibility review officer has the prescribed powers.  2011, c. 6, Sched. 1, s. 57 (3). Search warrants (4) An eligibility review officer may apply for and act under a search warrant.  2011, c. 6, Sched. 1, s. 57 (4). Powers subject to regulations (5) The regulations may govern the exercise of an eligibility review officer’s powers under subsection (3) or (4).  2011, c. 6, Sched. 1, s. 57 (5). Personal information (6) An eligibility review officer is 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.  2011, c. 6, Sched. 1, s. 57 (6). Prohibition, obstruction (7) No person shall obstruct or knowingly give false information to an eligibility review officer engaged in an investigation under subsection (2).  2011, c. 6, Sched. 1, s. 57 (7). Penalty (8) A person who contravenes subsection (7) 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.  2011, c. 6, Sched. 1, s. 57 (8).
58 (1) A service manager, or a 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.  2011, c. 6, Sched. 1, s. 58 (1). Powers and duties (2) A family support worker has the prescribed powers and duties.  2011, c. 6, Sched. 1, s. 58 (2). Personal information (3) A family support worker may collect and disclose personal information to assist in legal proceedings for financial support and in the enforcement of agreements, orders and judgments relating to financial support.  2011, c. 6, Sched. 1, s. 58 (3). Special Needs Housing
59 Eligibility for special needs housing shall be determined in accordance with the prescribed provincial eligibility rules.  2011, c. 6, Sched. 1, s. 59.
60 (1) A member of a household may apply, on behalf of the household, to the special needs housing administrator for special needs housing in a housing project.  2011, c. 6, Sched. 1, s. 60 (1). Contents of application (2) An application must include, (a)  the prescribed information and documents; and (b)  the information and documents required by the special needs housing administrator.  2011, c. 6, Sched. 1, s. 60 (2). Limitations on required information and documents (3) The information and documents the special needs housing administrator may require under clause (2) (b) are subject to the prescribed limitations.  2011, c. 6, Sched. 1, s. 60 (3). Form of application (4) An application must be in a form authorized by the special needs housing administrator.  2011, c. 6, Sched. 1, s. 60 (4).
61 (1) The special needs housing administrator shall determine whether the household is eligible for special needs housing.  2011, c. 6, Sched. 1, s. 61 (1).  Rules guiding determination (2) The special needs housing administrator’s determination shall be made in accordance with the following: 1.  The eligibility rules referred to in section 59. 2.  The requirements prescribed for the purposes of this paragraph.  2011, c. 6, Sched. 1, s. 61 (2).
62 (1) A special needs housing administrator shall have a system for selecting households from those waiting for special needs housing in the administrator’s housing projects.  2011, c. 6, Sched. 1, s. 62 (1).  Prescribed requirements (2) The system must comply with the prescribed requirements.  2011, c. 6, Sched. 1, s. 62 (2).
63 (1) The special needs housing administrator shall determine the priority of households waiting for special needs housing, including whether a household is included in a category given priority over other categories.  2011, c. 6, Sched. 1, s. 63 (1).  Rules guiding determination (2) The special needs housing administrator’s determination shall be made in accordance with the prescribed provincial priority rules.  2011, c. 6, Sched. 1, s. 63 (2).
64 A housing provider shall use the system under section 62 for its housing projects.  2011, c. 6, Sched. 1, s. 64.
65 (1) On a periodic basis and at such other times as the regulations may require, a special needs housing administrator shall determine whether the households that occupy special needs housing in housing projects of the administrator continue to be eligible for special needs housing.  2011, c. 6, Sched. 1, s. 65 (1).  Requirements relating to periodic basis (2) The regulations may govern the periodic basis upon which determinations under subsection (1) shall be made.  2011, c. 6, Sched. 1, s. 65 (2). Rules guiding determination (3) The special needs housing administrator’s determination shall be made in accordance with the following: 1.  The eligibility rules referred to in section 59. 2.  The requirements prescribed for the purposes of this paragraph.  2011, c. 6, Sched. 1, s. 65 (3).
66 (1) A special needs housing administrator shall give a household written notice, in accordance with any prescribed requirements, of the following decisions: 1.  A determination, under subsection 61 (1), whether the household is eligible for special needs housing. 2.  A determination, under subsection 63 (1), whether the household is included in a category given priority over other categories. 3.  A determination, under subsection 65 (1), that the household is no longer eligible for special needs housing. 4.  A decision prescribed for the purposes of this paragraph.  2011, c. 6, Sched. 1, s. 66 (1). Notice to housing provider (2) A special needs housing administrator that is a service manager shall also give the affected housing provider notice of the following decisions: 1.  A determination described in paragraph 3 of subsection (1) that the household is no longer eligible for special needs housing. 2.  A decision prescribed for the purposes of this paragraph.  2011, c. 6, Sched. 1, s. 66 (2).
67 (1) A special needs housing administrator shall make the following available to the public in accordance with any prescribed requirements: 1.  The special needs housing administrator’s procedures for applications for special needs housing, including what information and documents the administrator requires under subsection 60 (2) and the form authorized for the purposes of subsection 60 (4). 2.  The rules included in the special needs housing administrator’s system for selecting households required under section 62. 3.  Information on the special needs housing administrator’s housing projects where there is special needs housing. 4.  Information about the provincial eligibility rules prescribed for the purposes of section 59. 5.  Information about the provincial priority rules prescribed for the purposes of subsection 63 (2). 6.  Any information or documents prescribed for the purposes of this paragraph.  2011, c. 6, Sched. 1, s. 67 (1). Administrator request for information (2) If the special needs housing administrator for a housing project is the service manager, the housing provider shall provide such information as the administrator requests for the purposes of complying with paragraph 3 of subsection (1).  2011, c. 6, Sched. 1, s. 67 (2). Information, etc., made available by service manager (3) If the special needs housing administrator for a housing project is the housing provider, the service manager in whose service area the project is located shall make the prescribed information or documents relating to special needs housing available to the public in accordance with any prescribed requirements.  2011, c. 6, Sched. 1, s. 67 (3). Information, etc., made available by housing provider (4) The housing provider operating a housing project that is subject to a program prescribed for the purposes of subsection 39 (1) shall make the prescribed information or documents relating to special needs housing available to the public in accordance with any prescribed requirements.  2011, c. 6, Sched. 1, s. 67 (4). Part VI   General rules for transferred housing programs and projects
68 (1) A service manager shall administer and fund a transferred housing program as it relates to a housing project designated in the regulations for the purposes of this subsection. 2011, c. 6, Sched. 1, s. 68 (1). How duty carried out (2) A service manager shall carry out the duty under subsection (1) in accordance with, (a)  this Act and the regulations, including such criteria and rules as may be prescribed for the program for the purposes of this clause; and (b)  any applicable pre-reform operating agreement. 2011, c. 6, Sched. 1, s. 68 (2). Conflicts (3) A requirement under clause (2) (a) does not apply to the extent that it conflicts with a requirement under clause (2) (b). 2011, c. 6, Sched. 1, s. 68 (3). Restriction on amendments to agreement (4) No amendment shall be made to a pre-reform operating agreement after this section comes into force if the amendment would result in a conflict with a requirement under clause (2) (a). 2011, c. 6, Sched. 1, s. 68 (4). Same (5) Subsection (3) does not apply with respect to an amendment made contrary to subsection (4). 2011, c. 6, Sched. 1, s. 68 (5). Non-application (6) Subsection (1) does not apply to a housing project that has ceased to be a designated housing project in accordance with section 68.1 or 101.3. 2020, c. 16, Sched. 2, s. 8. Section Amendments with date in force (d/m/y) 2020, c. 16, Sched. 2, s. 8 - 01/07/2022
68.1 (1) A housing project ceases to be a designated housing project on a date determined in accordance with the regulations if, (a)  the housing project satisfies the prescribed criteria, if any; (b)  the housing provider and the service manager have entered into an exit agreement that complies with the prescribed requirements; and (c)  the housing provider and the service manager have given the Minister notice in accordance with subsection (2) of their intention that the housing project cease to be a designated housing project. 2020, c. 16, Sched. 2, s. 9. Notice to Minister (2) The notice referred to in clause (1) (c) must, (a)  be given jointly by the housing provider and the service manager in writing; (b)  be accompanied by the prescribed documents and information; and (c)  comply with the prescribed requirements. 2020, c. 16, Sched. 2, s. 9. List (3) The Minister shall maintain, in accordance with the prescribed requirements, a list of every housing project that is designated in the regulations for the purposes of subsection 68 (1) but that has ceased to be a designated housing project in accordance with this section. 2020, c. 16, Sched. 2, s. 9. Available to public (4) The Minister shall make the list described in subsection (3) available to the public in accordance with the prescribed requirements. 2020, c. 16, Sched. 2, s. 9. Presumed not to be designated housing project (5) In the absence of evidence to the contrary, a housing project is presumed not to be a designated housing project even if it is designated in the regulations for the purposes of subsection 68 (1) if it is included on the list maintained by the Minister. 2020, c. 16, Sched. 2, s. 9. Definition of “exit agreement” (6) In this section, “exit agreement” means an agreement between a housing provider and a service manager in which they provide for a housing project to cease to be a designated housing project. 2020, c. 16, Sched. 2, s. 9. Section Amendments with date in force (d/m/y) 2020, c. 16, Sched. 2, s. 9 - 01/07/2022
69 (1) This section applies to a housing provider that operates a designated housing project.  2011, c. 6, Sched. 1, s. 69 (1). General management (2) The housing provider shall ensure that the project is well managed, maintained in a satisfactory state of repair and fit for occupancy.  2011, c. 6, Sched. 1, s. 69 (2). Rent and leases (3) The housing provider is responsible, in relation to the project, for the collection of rent and the administration of leases.  2011, c. 6, Sched. 1, s. 69 (3). Information to service manager (4) The housing provider shall give such information as the regulations require to the service manager that administers the transferred housing program to which the project is subject.  2011, c. 6, Sched. 1, s. 69 (4). Plans (5) The housing provider shall prepare and follow such plans relating to the governance or operation of the housing provider as the regulations may require.  2011, c. 6, Sched. 1, s. 69 (5).
70 A service manager shall keep records, in accordance with the regulations, in relation to its transferred housing programs and the designated housing projects that are subject to those programs.  2011, c. 6, Sched. 1, s. 70.
71 (1) The Minister may appoint a person to conduct an audit or investigation to ensure that a service manager is administering and funding its transferred housing programs in accordance with this Act and the regulations.  2011, c. 6, Sched. 1, s. 71 (1). Notice to service manager (2) The person appointed under subsection (1) shall give the service manager notice before beginning the audit or investigation.  2011, c. 6, Sched. 1, s. 71 (2). Duty to co-operate (3) The service manager and its employees and agents shall co-operate in all respects with the person appointed under subsection (1).  2011, c. 6, Sched. 1, s. 71 (3). Solicitor-client privilege (4) Subsection (3) does not override any solicitor-client privilege.  2011, c. 6, Sched. 1, s. 71 (4). Report to service manager (5) Within 60 days after the audit or investigation is completed, the Minister shall prepare a report of the results and give a copy of the report to the service manager.  2011, c. 6, Sched. 1, s. 71 (5). Exception if referral to law enforcement agency (6) If the report or circumstances identified in the report have been referred to a law enforcement agency, the Minister is not required to give the service manager a copy under subsection (5) but 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 administration and funding of the transferred housing programs.  2011, c. 6, Sched. 1, s. 71 (6).
72 (1) A service manager shall promptly give written notice to the Minister if, (a)  one of its designated housing projects is in difficulty; and (b)  the project is subject to a mortgage guaranteed by the Province of Ontario. 2011, c. 6, Sched. 1, s. 72 (1); 2020, c. 16, Sched. 3, s. 10 (2). When a project is in difficulty (2) For the purposes of clause (1) (a), a designated housing project is in difficulty if, (a)  the mortgage described in clause (1) (b) is in default; (b)  the service manager is of the opinion that, because of the financial position or the projected financial position of the housing provider, either of the following is likely to happen within 12 months after the end of the current fiscal year of the housing provider, (i)  the mortgage described in clause (1) (b) will go into default, or (ii)  the housing provider will fail to meet a substantial financial obligation; or (c)  the service manager is of the opinion that the housing provider has failed to comply with a substantial obligation under this Act.  2011, c. 6, Sched. 1, s. 72 (2). Notice to housing provider (3) If a service manager gives the Minister notice under subsection (1), the service manager shall, at the same time, give the housing provider a copy of the notice unless there are circumstances contributing to the housing project being in difficulty that have been referred to a law enforcement agency.  2011, c. 6, Sched. 1, s. 72 (3). Content of notice (4) The notice must include such information as may be prescribed.  2011, c. 6, Sched. 1, s. 72 (4). Section Amendments with date in force (d/m/y) 2020, c. 16, Sched. 3, s. 10 (2) - 31/03/2021 Part VII   General rules for certain housing projects Definition
73 In this Part, “Part VII housing project” means a designated housing project that is prescribed for the purposes of this definition.  2011, c. 6, Sched. 1, s. 73. Application of Part
74 This Part applies with respect to, (a)  a housing provider only if it operates a Part VII housing project; and (b)  a service manager only if there is a Part VII housing project in its service area.  2011, c. 6, Sched. 1, s. 74. Operation of Projects
75 (1) A housing provider shall operate a Part VII housing project and govern itself in accordance with, (a)  the prescribed provincial requirements; and (b)  the local standards made by the service manager.  2011, c. 6, Sched. 1, s. 75 (1). Limits of local standards (2) A service manager may make local standards only with respect to the prescribed matters.  2011, c. 6, Sched. 1, s. 75 (2). Conflicts (3) A local standard does not apply to the extent that it conflicts with a provincial requirement, unless the provincial requirement provides otherwise.  2011, c. 6, Sched. 1, s. 75 (3).
76 (1) A mandate of a housing provider established under section 99 of the former Act continues with respect to a Part VII housing project despite the repeal of that section.  2011, c. 6, Sched. 1, s. 76 (1). Amendment, etc. (2) The housing provider and the service manager may amend, terminate or replace the mandate by a written agreement.  2011, c. 6, Sched. 1, s. 76 (2).
77 (1) For each Part VII housing project, there shall be a target for, (a)  the number of units occupied by households receiving rent-geared-to-income assistance as defined in section 38; and (b)  the number of modified units.  2011, c. 6, Sched. 1, s. 77 (1). Definition of “modified unit” (2) In clause (1) (b), “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.  2011, c. 6, Sched. 1, s. 77 (2). Prescribed requirements for target (3) A target, including a target changed under subsection (4) or (5), must comply with the prescribed requirements.  2011, c. 6, Sched. 1, s. 77 (3). Changes by agreement (4) The service manager and housing provider may change a target by a written agreement.  2011, c. 6, Sched. 1, s. 77 (4). Changes by service manager (5) The service manager may change a target without the agreement of the housing provider, subject to the following: 1.  The service manager shall consult with the housing provider before making the change. 2.  The change is subject to the prescribed restrictions.  2011, c. 6, Sched. 1, s. 77 (5). Transition – initial targets (6) The initial targets for a Part VII housing project shall be the targets, applicable immediately before this section came into force, under the targeting plan under section 98 of the former Act with any changes under section 101 of the former Act.  2011, c. 6, Sched. 1, s. 77 (6). Funding
78 (1) A service manager shall pay a subsidy to a housing provider.  2011, c. 6, Sched. 1, s. 78 (1). Amount (2) The amount of the subsidy shall be determined in the prescribed manner.  2011, c. 6, Sched. 1, s. 78 (2). Times for payment (3) The subsidy shall be paid at the prescribed times.  2011, c. 6, Sched. 1, s. 78 (3). Determinations by Minister (4) The regulations may provide for the Minister to determine amounts to be used in the determination of the amount of the subsidy.  2011, c. 6, Sched. 1, s. 78 (4). Notice of determinations by Minister (5) If the Minister determines any amounts under the regulations, the Minister shall give the following notices in accordance with any prescribed requirements: 1.  A notice to each housing provider of the amounts relevant to the determination of the subsidy paid to the housing provider. 2.  A notice to each service manager of the amounts relevant to the determination of the subsidies paid by the service manager.  2011, c. 6, Sched. 1, s. 78 (5). Records and Reports
79 (1) A housing provider shall keep records in accordance with the regulations.  2011, c. 6, Sched. 1, s. 79 (1).  Records required by service manager (2) A housing provider shall also keep such records as the service manager specifies for such periods as the service manager specifies.  2011, c. 6, Sched. 1, s. 79 (2).
80 (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.  2011, c. 6, Sched. 1, s. 80 (1).  Form and contents (2) The annual report must be in the form authorized by the Minister and must include the prescribed information and the prescribed documents.  2011, c. 6, Sched. 1, s. 80 (2). False information (3) A housing provider shall not knowingly furnish false information in an annual report.  2011, c. 6, Sched. 1, s. 80 (3). Reduction in subsidy (4) If a housing provider does not give the service manager its annual report in accordance with this section, the service manager may reduce the subsidy payments to be made to the housing provider under section 78 by no more than 2 per cent of the unreduced subsidy for the fiscal year or $5,000, whichever is less, for each month in which the report remains undelivered.  2011, c. 6, Sched. 1, s. 80 (4). Notice (5) The service manager shall give the housing provider written notice of the reduction in its subsidy under subsection (4) at least 30 days before implementing it.  2011, c. 6, Sched. 1, s. 80 (5).
81 (1) A housing provider shall give the service manager such reports, documents and information as the service manager requests at the times the service manager specifies.  2011, c. 6, Sched. 1, s. 81 (1).  Form and manner (2) The reports, documents and information required under subsection (1) must be given in the form and manner authorized by the service manager.  2011, c. 6, Sched. 1, s. 81 (2). False information (3) A housing provider shall not knowingly furnish false information in a report, document or information given under subsection (1).  2011, c. 6, Sched. 1, s. 81 (3). Enforcement
82 (1) A service manager may appoint a person to conduct an audit or investigation to ensure that a housing provider is complying with this Act and the regulations.  2011, c. 6, Sched. 1, s. 82 (1). Notice to housing provider (2) The person appointed under subsection (1) shall give the housing provider notice before beginning the audit or investigation.  2011, c. 6, Sched. 1, s. 82 (2). Entry, etc., into housing project (3) For the purposes of the audit or investigation, the person appointed under subsection (1) may enter and inspect a Part VII housing project at any reasonable time.  2011, c. 6, Sched. 1, s. 82 (3). Restriction (4) Despite subsection (3), the person appointed under subsection (1) shall not enter and inspect a unit in which a household resides unless a member of the household consents to the entry and inspection after being informed that he or she may refuse to consent to the entry and inspection.  2011, c. 6, Sched. 1, s. 82 (4). Use of force prohibited (5) For greater certainty, subsection (3) does not authorize the use of force.  2011, c. 6, Sched. 1, s. 82 (5). Duty to co-operate (6) The housing provider and its employees and agents shall co-operate in all respects with the person appointed under subsection (1).  2011, c. 6, Sched. 1, s. 82 (6). Solicitor-client privilege (7) Subsection (6) does not override any solicitor-client privilege.  2011, c. 6, Sched. 1, s. 82 (7). Report to housing provider (8) Within 60 days after the audit or investigation is completed, the service manager shall prepare a report of the results and give a copy of the report to the housing provider.  2011, c. 6, Sched. 1, s. 82 (8). Exception if referral to law enforcement agency (9) If the report or circumstances identified in the report have been referred to a law enforcement agency, the service manager is not required to give the housing provider a copy under subsection (8) but 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 provider.  2011, c. 6, Sched. 1, s. 82 (9).
83 The following are triggering events for the purposes of sections 84 to 98: 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 or wind up the housing provider. 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.  Revoked: 2017, c. 2, Sched. 3, s. 5 (1). 7.  Any assets of the housing provider are seized under execution or attachment. 8.  The housing provider is unable to fulfil its obligations. 9.  The housing provider incurs an expenditure that is, in the opinion of the service manager, substantial and excessive. 10.  The housing provider incurs an accumulated deficit that is, in the opinion of the service manager, substantial and excessive. 11.  In the opinion of the service manager, the housing provider has failed to operate a designated housing project properly. 12.  The housing provider contravenes a lease under which it has a leasehold interest in a designated housing project or in land where a designated housing project is located.  2011, c. 6, Sched. 1, s. 83; 2017, c. 2, Sched. 3, s. 5 (1). Section Amendments with date in force (d/m/y) 2017, c. 2, Sched. 3, s. 5 (1) - 22/03/2017 Assistance before triggering event 84. (1) If a housing provider notifies the service manager of a situation that may give rise to a triggering event, or if the service manager otherwise becomes aware of such a situation, the service manager shall use reasonable efforts to assist the housing provider to deal with the situation.  2011, c. 6, Sched. 1, s. 84 (1). Expenditures not required (2) Subsection (1) does not require the service manager to do anything that would require the expenditure of funds.  2011, c. 6, Sched. 1, s. 84 (2). No limit on remedies (3) The duty under subsection (1) does not limit the use of a remedy under section 85.  2011, c. 6, Sched. 1, s. 84 (3).
85 If a triggering event occurs, the service manager may exercise the following remedies: 1.  The service manager may discontinue or suspend the subsidy payments under section 78. 2.  The service manager may reduce the amount of the subsidy payments under section 78. 3.  The service manager may deduct amounts from the subsidy payments under section 78 to pay all or part of a debt of the housing provider. 4.  The service manager may, i.  exercise any of the powers or perform any of the duties of the housing provider under this Act, or ii.  act as the housing provider with respect to all or part of the assets, liabilities and undertakings of the housing provider, including its housing projects. 5.  The service manager may appoint an operational advisor for the housing provider. 6.  The service manager may appoint an interim receiver or interim receiver and manager for the housing provider. 7.  The service manager may seek the appointment by the Superior Court of Justice of a receiver or receiver and manager for the housing provider. 8.  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. 9.  The service manager may appoint one or more individuals as directors of the housing provider.  2011, c. 6, Sched. 1, s. 85.
86 (1) Nothing in sections 84 to 98 limits the exercise of any remedy the service manager may have other than under section 85.  2011, c. 6, Sched. 1, s. 86 (1). Exception (2) Subsection (1) does not apply with respect to the appointment, by the court, of a receiver or receiver and manager for a housing provider and a service manager may not seek such an appointment other than under paragraph 7 of section 85.  2011, c. 6, Sched. 1, s. 86 (2).
87 In respect of the same occurrence of a triggering event, the service manager may, (a)  exercise more than one remedy; or (b)  exercise the same or different remedies at different times.  2011, c. 6, Sched. 1, s. 87.
88 The following apply with respect to a waiver by a service manager of the right to exercise a remedy under section 85: 1.  To be effective, a waiver must be in writing and must be signed by the service manager. 2.  No delay by the service manager operates as a waiver. 3.  A waiver of the right to exercise a remedy in respect of an occurrence of a triggering event does not operate as a waiver, i.  to exercise another remedy in respect of that same occurrence, or ii.  to exercise the same remedy in respect of a different occurrence.  2011, c. 6, Sched. 1, s. 88.
89 The service manager may exercise a remedy only if, in the circumstances, it is reasonable to exercise the remedy and the remedy is exercised in a reasonable way.  2011, c. 6, Sched. 1, s. 89.
91 A service manager shall not discontinue or suspend subsidy payments under paragraph 1 of section 85 unless the service manager is of the opinion that the triggering event is substantial.  2011, c. 6, Sched. 1, s. 91.
94 A service manager may appoint an interim receiver or interim receiver and manager under paragraph 6 of section 85, or seek the appointment of a receiver or receiver and manager under paragraph 7 of section 85, only if one of the situations listed in subsection 90 (5) is continuing.  2011, c. 6, Sched. 1, s. 94.
96 (1) This section applies with respect to the exercise of the remedy to seek the appointment of a receiver or receiver and manager under paragraph 7 of section 85.  2011, c. 6, Sched. 1, s. 96 (1). Return of control (2) When it is appropriate, in the opinion of the service manager, to return control to the housing provider, the service manager shall seek the termination by the court of the appointment of the receiver or receiver and manager.  2011, c. 6, Sched. 1, s. 96 (2).
97 (1) This section applies with respect to a receiver or receiver and manager appointed under paragraph 7 of section 85.  2011, c. 6, Sched. 1, s. 97 (1). Restriction on dealing with housing project (2) For greater certainty, section 162 applies to a receiver or receiver and manager.  2011, c. 6, Sched. 1, s. 97 (2). Restriction on transfer to service manager, etc. (3) A receiver or receiver and manager shall not transfer a designated housing project unless, (a)  the receiver or receiver and manager used an open and competitive process to select a transferee that would continue to operate the project under the transferred housing program administered by the service manager; or (b)  the receiver or receiver and manager was of the opinion that it would not be reasonable to use such a process.  2011, c. 6, Sched. 1, s. 97 (3).
98 (1) This section applies with respect to the exercise of the remedy to appoint individuals as directors under paragraph 9 of section 85.  2011, c. 6, Sched. 1, s. 98 (1). Maximum not to be exceeded (2) The remedy may not be exercised in a way that results in the total number of directors exceeding the maximum number allowed under the legislation applying to the governance of the housing provider or under the housing provider’s articles, letters patent, by-laws or similar governing documents.  2011, c. 6, Sched. 1, s. 98 (2). Three-year term limit (3) A director may not be appointed for a term exceeding three years.  2011, c. 6, Sched. 1, s. 98 (3). Return of control (4) When it is appropriate, in the opinion of the service manager, to return control to a board of directors that does not include directors appointed under paragraph 9 of section 85, the service manager shall terminate the appointment of those appointed directors.  2011, c. 6, Sched. 1, s. 98 (4). Requirements, qualifications and disqualifications (5) The following do not apply with respect to an appointed director: 1.  A requirement that a director be a shareholder or member of the housing provider or a shareholder, member, director or employee of a member of the housing provider, even if the requirement is in legislation. 2.  A qualification or disqualification under the housing provider’s articles, letters patent, by-laws or similar governing documents.  2011, c. 6, Sched. 1, s. 98 (5). Consultation before appointment (6) Before appointing a director, the service manager shall consult with the current directors, if any.  2011, c. 6, Sched. 1, s. 98 (6). No other directors without consent (7) While an appointed director is in office, the shareholders or members of the housing provider may not elect or appoint a director without the written consent of the service manager.  2011, c. 6, Sched. 1, s. 98 (7).
99 (1) Despite subsections 92 (13), 93 (10) and 95 (14), the housing provider is not required to provide the service manager, a property manager, an operational advisor, an interim receiver or an interim receiver and manager with access to any records or documents that are solicitor-client privileged and relate to a proceeding, or bringing a proceeding, involving any such party.  2011, c. 6, Sched. 1, s. 99 (1). No waiver (2) The provision of access to books and records under subsection 92 (13), 93 (10) or 95 (14) does not constitute a waiver of any applicable solicitor-client privilege.  2011, c. 6, Sched. 1, s. 99 (2).
100 The Minister shall, by the prescribed date, undertake a review of sections 82 to 99 of this Act.  2011, c. 6, Sched. 1, s. 100. Conflicts with Other Acts, etc.
101 (1) In the event of a conflict between this Part and any of the Acts specified in subsection (2) or a regulation made under any of those Acts, this Part prevails.  2011, c. 6, Sched. 1, s. 101 (1). Specified Acts (2) The Acts referred to in subsection (1) are the following: 1.  The Not-for-Profit Corporations Act, 2010. 2.  The Business Corporations Act. 3.  The
Co-operative Corporations Act. 2011, c. 6, Sched. 1, s. 101 (2), 185 (3). Section Amendments with date in force (d/m/y) 2011, c. 6, Sched. 1, s. 185 (3) - 19/10/2021 part VII.1   Part VII.1 Housing Projects
101.1 In this Part, “exit agreement” means an agreement between a housing provider and a service manager in which they provide for a housing project to cease to be a Part VII.1 housing project; (“accord de cessation”) “Part VII.1 housing project” means a housing project that has become a Part VII.1 housing project in accordance with section 101.2, other than a housing project that has ceased to be a Part VII.1 housing project in accordance with section 101.7; (“ensemble domiciliaire visé par la partie VII.1”) “service agreement” means an agreement between a housing provider and a service manager relating to the administration of a Part VII.1 housing project. (“accord de services”) 2020, c. 16, Sched. 2, s. 10. Section Amendments with date in force (d/m/y) 2020, c. 16, Sched. 2, s. 10 - 01/07/2022
101.2 (1) A housing project becomes a Part VII.1 housing project on a date determined in accordance with the regulations if, (a)  the housing provider and the service manager in whose service area the housing project is located have entered into a service agreement that complies with the prescribed requirements; (b)  the housing provider and the service manager have given the Minister notice in accordance with subsection (3) of their intention that the housing project be a Part VII.1 housing project; and (c)  at the time notice is given under clause (b), the housing project is, (i)  a designated housing project that satisfies the prescribed criteria, if any, or (ii)  such other type of housing project as may be prescribed. 2020, c. 16, Sched. 2, s. 10. Service agreement, prescribed requirements (2) The prescribed requirements referred to in clause (1) (a) may relate to any aspect of the service agreement, including terms of the agreement relating to administration, funding and operation of the housing project and governance of the housing provider. 2020, c. 16, Sched. 2, s. 10. Notice to Minister (3) The notice referred to in clause (1) (b) must, (a)  be given jointly by the housing provider and the service manager in writing; (b)  be accompanied by the prescribed documents and information; and (c)  comply with the prescribed requirements. 2020, c. 16, Sched. 2, s. 10. Section Amendments with date in force (d/m/y) 2020, c. 16, Sched. 2, s. 10 - 01/07/2022
101.3 (1) A designated housing project that becomes a Part VII.1 housing project in accordance with section 101.2 ceases to be a designated housing project on the date it becomes a Part VII.1 housing project. 2020, c. 16, Sched. 2, s. 10. Same (2) Subsection (1) applies even if the housing project subsequently ceases to be a Part VII.1 housing project. 2020, c. 16, Sched. 2, s. 10. Section Amendments with date in force (d/m/y) 2020, c. 16, Sched. 2, s. 10 - 01/07/2022 Lists of Part VII.1 housing projects
101.4 (1) A service manager that has one or more Part VII.1 housing projects in its service area shall maintain a list of those housing projects in accordance with the prescribed requirements. 2020, c. 16, Sched. 2, s. 10. Available to public (2) The service manager shall make the list described in subsection (1) available to the public in accordance with the prescribed requirements. 2020, c. 16, Sched. 2, s. 10. Notice to Minister (3) The service manager shall, without delay and in accordance with the prescribed requirements, provide the Minister with the list maintained by the service manager and any subsequent changes to it. 2020, c. 16, Sched. 2, s. 10. Minister’s list (4) The Minister shall maintain a list of all Part VII.1 housing projects in accordance with the prescribed requirements. 2020, c. 16, Sched. 2, s. 10. Available to public (5) The Minister shall make the list described in subsection (4) available to the public in accordance with the prescribed requirements. 2020, c. 16, Sched. 2, s. 10. Presumed Part VII.1 housing project (6) In the absence of evidence to the contrary, a housing project is presumed to be a Part VII.1 housing project even if it is designated in the regulations for the purposes of subsection 68 (1) if it is included on the list maintained by the Minister. 2020, c. 16, Sched. 2, s. 10. Section Amendments with date in force (d/m/y) 2020, c. 16, Sched. 2, s. 10 - 01/07/2022
101.5 (1) A housing provider and a service manager that have entered into a service agreement in respect of a Part VII.1 housing project shall comply with the agreement. 2020, c. 16, Sched. 2, s. 10. Successor housing provider bound (2) If a housing provider transfers the operation of a Part VII.1 housing project to another housing provider, the successor housing provider is bound by the service agreement that is in effect in respect of the project. The successor housing provider is deemed to be the housing provider under the service agreement. 2020, c. 16, Sched. 2, s. 10. Amendment or replacement (3) The housing provider and the service manager shall not amend or replace a service agreement unless the amended agreement or replacement agreement continues to comply with the requirements referred to in clause 101.2 (1) (a). 2020, c. 16, Sched. 2, s. 10. Termination (4) The housing provider and the service manager shall not terminate a service agreement except, (a)  as part of replacing the agreement in accordance with subsection (3); or (b)  as permitted by the regulations. 2020, c. 16, Sched. 2, s. 10. Invalidity if subs. (3) or (4) contravened (5) Any amendment, replacement or termination of a service agreement that contravenes subsection (3) or (4), as applicable, is invalid and of no force or effect. 2020, c. 16, Sched. 2, s. 10. Invalidity if inconsistent with directive (6) A provision of a service agreement that is inconsistent with a directive issued under subsection 101.6 (1) is, to the extent of the inconsistency, invalid and of no force or effect, but only if the directive so provides. 2020, c. 16, Sched. 2, s. 10. Section Amendments with date in force (d/m/y) 2020, c. 16, Sched. 2, s. 10 - 01/07/2022
101.6 (1) The Minister may issue directives with respect to, (a)  the administration of Part VII.1 housing projects by service managers; and (b)  the operation of Part VII.1 housing projects by housing providers and the governance of housing providers that operate Part VII.1 housing projects. 2020, c. 16, Sched. 2, s. 10. Categories (2) A directive issued under subsection (1) may create different categories of housing providers and Part VII.1 housing projects and may contain different provisions in respect of each category. 2020, c. 16, Sched. 2, s. 10. Reports, etc. (3) For greater certainty, a directive issued under clause (1) (b) may require housing providers to provide reports, documents and other information to service managers. 2020, c. 16, Sched. 2, s. 10. Notice (4) The Minister shall give notice of a directive issued under subsection (1) in accordance with the prescribed requirements. 2020, c. 16, Sched. 2, s. 10. Compliance (5) Every service manager and housing provider shall comply with the applicable directives issued under subsection (1). 2020, c. 16, Sched. 2, s. 10. Legislation Act, 2006 (6) Part III (Regulations) of the
Legislation Act, 2006 does not apply to a directive issued under subsection (1). 2020, c. 16, Sched. 2, s. 10. Section Amendments with date in force (d/m/y) 2020, c. 16, Sched. 2, s. 10 - 01/07/2022
101.7 (1) A housing project ceases to be a Part VII.1 housing project on a date determined in accordance with the regulations if, (a)  the housing provider and the service manager have entered into an exit agreement that complies with the prescribed requirements; and (b)  the housing provider and the service manager have given notice to the Minister in accordance with subsection (2) of their intention that the housing project cease to be a Part VII.1 housing project. 2020, c. 16, Sched. 2, s. 10. Notice to Minister (2) The notice referred to in clause (1) (b) must, (a)  be given jointly by the housing provider and the service manager in writing; (b)  be accompanied by the prescribed documents and information; and (c)  comply with the prescribed requirements. 2020, c. 16, Sched. 2, s. 10. Section Amendments with date in force (d/m/y) 2020, c. 16, Sched. 2, s. 10 - 01/07/2022 Part VIII   Payment of Certain Housing Costs Distribution of Federal Housing Funding
103 (1) For the purposes of sections 104 to 108, the provincial housing costs for a period are the costs incurred or to be incurred by the Minister or the Crown in right of Ontario in respect of that period that are, (a)  costs relating to a transferred housing program; (b)  costs relating to a housing project that is subject to, or formerly was subject to, a transferred housing program; (c)  costs relating to a mortgage on a housing project that is subject to, or formerly was subject to, a transferred housing program, even if the mortgage is not related to a transferred housing program; or (d)  costs under the social housing agreement dated November 15, 1999 between the Canada Mortgage and Housing Corporation and Her Majesty the Queen in right of the Province of Ontario as represented by the Minister of Municipal Affairs and Housing, as amended from time to time.  2011, c. 6, Sched. 1, s. 103 (1). Clarifications (2) The Minister may clarify, by a written notice to service managers, types of costs that are or are not provincial housing costs.  2011, c. 6, Sched. 1, s. 103 (2).
104 (1) For each billing period, the Minister shall determine, in accordance with the regulations, the amount of the provincial housing costs.  2011, c. 6, Sched. 1, s. 104 (1). Billing periods (2) The billing periods for provincial housing costs shall be prescribed.  2011, c. 6, Sched. 1, s. 104 (2).
105 For each billing period, the Minister shall determine, in accordance with the regulations, the amount of the provincial housing costs to be recovered from service managers.  2011, c. 6, Sched. 1, s. 105.
106 (1) The Minister shall allocate, in accordance with the regulations, the amount determined under section 105 among the service managers.  2011, c. 6, Sched. 1, s. 106 (1).  Notice of amounts due (2) If an amount other than zero is allocated to a service manager, the Minister shall give the service manager a written notice setting out, (a)  the amount allocated to the service manager; (b)  the date the service manager is required to pay the amount; and (c)  such other information as may be prescribed.  2011, c. 6, Sched. 1, s. 106 (2). Payment by service manager (3) The service manager shall pay the allocated amount to the Minister of Finance in accordance with the notice.  2011, c. 6, Sched. 1, s. 106 (3).
107 (1) The Minister may revise a determination of provincial housing costs under subsection 104 (1), a determination of recoverable costs under section 105 or an allocation among service managers under subsection 106 (1).  2011, c. 6, Sched. 1, s. 107 (1). Required revisions in relation to estimates (2) If any estimates of costs were used, the Minister shall make the appropriate revisions under subsection (1) after the actual costs are known.  2011, c. 6, Sched. 1, s. 107 (2). If revision changes allocation (3) If a revision under subsection (1) would result in a change to the allocation to a service manager, the Minister shall give the service manager a written notice setting out, (a)  the revised amount allocated to the service manager; (b)  if the amount allocated to a service manager is increased, the date the service manager is required to pay the difference; and (c)  such other information as may be prescribed.  2011, c. 6, Sched. 1, s. 107 (3). If allocation is increased (4) If the amount allocated to a service manager is increased, the service manager shall pay the difference to the Minister of Finance in accordance with the notice.  2011, c. 6, Sched. 1, s. 107 (4). If allocation is decreased (5) If the amount allocated to a service manager is decreased, the Minister of Finance shall, (a)  pay the difference to the service manager; or (b)  credit the service manager with the difference for any future amount the service manager is required to pay.  2011, c. 6, Sched. 1, s. 107 (5).