90 (1) A service manager may exercise a remedy under section 85 in respect of an occurrence of a triggering event only if, (a)  the service manager has given the housing provider a written notice that complies with subsection (2); (b)  the triggering event continues following the last day of the period referred to in clause (2) (c), and the service manager has subsequently given the housing provider a written notice that complies with subsection (4); (c)  the service manager has given the housing provider an opportunity to make a submission to the service manager in accordance with clause (4) (c); and (d)  the service manager has considered the submission if a submission is made, made a decision, and provided the housing provider with notice of the decision and the reasons for it.  2011, c. 6, Sched. 1, s. 90 (1). Content of notice of triggering event (2) The notice referred to in clause (1) (a) must, (a)  specify the particulars of the occurrence of the triggering event or events; (b)  specify what if anything the housing provider must do or refrain from doing to rectify the situation that gave rise to the occurrence of the triggering event or events in order to avoid an exercise of a remedy or remedies; (c)  specify 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 (d)  if the notice provides for the submission of a plan by the housing provider, specify the matters that must be addressed in the plan.  2011, c. 6, Sched. 1, s. 90 (2). Training requirement (3) Without restricting the generality of clause (2) (b), for the purposes of that clause, a service manager may require a housing provider to ensure that any or all of the following persons receive training: 1.  A director, employee or agent of the housing provider. 2.  A person who has contracted with the housing provider to manage a Part VII housing project on behalf of the housing provider.  2011, c. 6, Sched. 1, s. 90 (3). Content of notice regarding submission (4) The notice referred to in clause (1) (b) must, (a)  specify the particulars of the occurrence of the triggering event or events; (b)  specify the remedy or remedies that the service manager is considering exercising to address the triggering event or events and the reasons why the service manager is considering them; (c)  inform the housing provider that it can make a written submission on the service manager’s proposed exercise of a remedy or remedies to the service manager by a date that is not less than 60 days after the date the notice is given; (d)  inform the housing provider that if no submission is received within the period referred to in clause (c), the service manager will make a decision based on the information that is available to it; and (e)  if the service manager is considering exercising the remedy under paragraph 4 of section 85, advise the housing provider of which powers the service manager would be exercising, which duties the service manager would be performing and the assets, liabilities or undertakings with respect to which it would be acting as the housing provider.  2011, c. 6, Sched. 1, s. 90 (4). Exceptions (5) Subsection (1) does not apply if, (a)  the triggering event is a contravention of section 162; (b)  the housing provider is unable to pay its debts as they become due; (c)  the housing provider has operated a designated housing project in a way that has resulted in, (i)  significant physical deterioration of the housing project affecting the structural integrity of the housing project, or (ii)  danger to the health or safety of the residents of the housing project; (d)  a report of an audit or investigation of the housing provider alleges fraud, criminal activity or a misuse of the assets of the housing provider and the alleged fraud, criminal activity or misuse of assets has been referred to a law enforcement agency; (e)  a designated housing project of the housing provider is subject to a mortgage guaranteed by the Province of Ontario and the mortgage is in default; (f)  the number of directors of the housing provider has been less than the quorum needed for a meeting of the board of directors for a period of 90 days and remains less than the quorum; or (g)  a circumstance exists that is prescribed for the purpose of this clause.  2011, c. 6, Sched. 1, s. 90 (5); 2020, c. 16, Sched. 3, s. 10 (3). Opportunity to make submission regarding court appointed receiver (6) Where a service manager is entitled to seek the appointment of a receiver or a receiver and manager under paragraph 7 of section 85, or to make an application for an extension of the appointment of an interim receiver or an interim receiver and manager under subsection 95 (3), the service manager shall not make a decision to do so unless, (a)  the service manager has first given the housing provider a written notice that complies with subsection (7); (b)  the service manager has given the housing provider an opportunity to make a submission to the service manager in accordance with clause (7) (c); and (c)  the service manager has considered the submission if a submission is made, made a decision, and provided the housing provider with notice of the decision and the reasons for it.  2011, c. 6, Sched. 1, s. 90 (6). Content of notice (7) The notice referred to in clause (6) (a) must, (a) specify the particulars of the occurrence or continuation of the triggering event or events and the circumstances in subsection (5) that are continuing; (b)  specify that the service manager is considering making an application to seek the appointment of a receiver or a receiver and manager under paragraph 7 of section 85 or extend the appointment of an interim receiver or an interim receiver and manager under subsection 95 (3) and the reasons why the service manager is doing so; (c)  inform the housing provider that it can make a written submission on the service manager’s proposed exercise of the remedy or application for extension by a date that is not less than 60 days after the date the notice is given; and (d)  inform the housing provider that if no submission is received by the date specified by the service manager under clause (c), the service manager will make a decision based on the information that is available to it.  2011, c. 6, Sched. 1, s. 90 (7). Decision not to exercise a remedy (8) If the service manager decides not to exercise a remedy specified in a notice referred to in clause (1) (b) but the triggering event or events are continuing, the service manager shall not exercise that remedy unless the service manager has given the housing provider a further written notice that specifies the particulars of the continuation of the triggering event or events and repeats the steps referred to in clauses (1) (c) and (d).  2011, c. 6, Sched. 1, s. 90 (8). Limitation (9) Subsection (8) does not apply if the service manager has decided to exercise the remedy only if specified events do not occur by a specified date.  2011, c. 6, Sched. 1, s. 90 (9). Section Amendments with date in force (d/m/y) 2020, c. 16, Sched. 3, s. 10 (3) - 31/03/2021