jswizzle3737/ontario_laws_and_regs huggingface dataset:
1 The purpose of this Act is, (a)  to provide for community based planning and delivery of housing and homelessness services with general provincial oversight and policy direction; and (b)  to provide flexibility for service managers and housing providers while retaining requirements with respect to housing programs that predate this Act and housing projects that are subject to those programs.  2011, c. 6, Sched. 1, s. 1.
3 A housing project is subject to a transferred housing program for the purposes of this Act only if the project is designated in the regulations for the purposes of subsection 68 (1) and has not ceased to be a designated housing project in accordance with section 68.1 or 101.3. 2011, c. 6, Sched. 1, s. 3; 2020, c. 16, Sched. 2, s. 2. Section Amendments with date in force (d/m/y) 2020, c. 16, Sched. 2, s. 2 - 01/07/2022 Part II   Provincial policies and local plans Provincial Interest
4 (1) For the purposes of sections 5 and 6, it is a matter of provincial interest that there be a system of housing and homelessness services that, (a)  is focussed on achieving positive outcomes for individuals and families; (b)  addresses the housing needs of individuals and families in order to help address other challenges they face; (c)  has a role for non-profit corporations and non-profit housing co-operatives; (d)  has a role for the private market in meeting housing needs; (e)  provides for partnerships among governments and others in the community; (f)  treats individuals and families with respect and dignity; (g)  is co-ordinated with other community services; (h)  is relevant to local circumstances; (i)  allows for a range of housing options to meet a broad range of needs; (j)  ensures appropriate accountability for public funding; (k)  supports economic prosperity; and (l)  is delivered in a manner that promotes environmental sustainability and energy conservation.  2011, c. 6, Sched. 1, s. 4 (1). Same (2) It is also a matter of provincial interest, for the purposes of sections 5 and 6, that a service manager’s housing and homelessness plan be consistent with other plans prescribed for the purposes of this subsection.  2011, c. 6, Sched. 1, s. 4 (2). Additional matters declared by Minister (3) The Minister may, with the approval of the Lieutenant Governor in Council, declare additional matters to be matters of provincial interest for the purposes of sections 5 and 6.  2011, c. 6, Sched. 1, s. 4 (3). Declaration may be included in policy statement (4) A declaration under subsection (3) may be incorporated into a policy statement under section 5.  2011, c. 6, Sched. 1, s. 4 (4). Publication and notice if not in policy statement (5) If a declaration under subsection (3) is not incorporated into a policy statement under section 5, subsections 5 (3) and (4) apply to the declaration with necessary modifications.  2011, c. 6, Sched. 1, s. 4 (5). Minister’s Policy Statements
5 (1) For the purpose of guiding service managers in the preparation of their housing and homelessness plans, the Minister may, with the approval of the Lieutenant Governor in Council, issue policy statements on matters relating to housing or homelessness that are of provincial interest under section 4.  2011, c. 6, Sched. 1, s. 5 (1). Joint issue (2) The Minister may issue a policy statement alone or together with any other minister.  2011, c. 6, Sched. 1, s. 5 (2). Publication and notice (3) If a policy statement is issued, the Minister shall, (a)  publish it in The Ontario Gazette; and (b)  give such notice of it, as the Minister considers appropriate, to each service manager.  2011, c. 6, Sched. 1, s. 5 (3). Legislation Act, 2006 (4) For greater certainty, Part III (Regulations) of the Legislation Act, 2006 does not apply to a policy statement.  2011, c. 6, Sched. 1, s. 5 (4). Review (5) The Minister shall, at least once every 10 years, undertake a review of the policy statement.  2011, c. 6, Sched. 1, s. 5 (5). Consultation (6) In the course of the review of a policy statement, the Minister shall consult with any persons the Minister considers appropriate.  2011, c. 6, Sched. 1, s. 5 (6). Housing and Homelessness Plans
6 (1) Each service manager shall have a plan to address housing and homelessness.  2011, c. 6, Sched. 1, s. 6 (1). What plan must include (2) The plan must include, (a)  an assessment of current and future housing needs within the service manager’s service area; (b)  objectives and targets relating to housing needs; (c)  a description of the measures proposed to meet the objectives and targets; (d)  a description of how progress towards meeting the objectives and targets will be measured; and (e)  such other matters as may be prescribed.  2011, c. 6, Sched. 1, s. 6 (2). Requirements relating to provincial interest, policy statements (3) The plan must, (a)  address the matters of provincial interest under section 4, including each aspect described in a clause of subsection 4 (1); and (b)  be consistent with the policy statements issued under section 5.  2011, c. 6, Sched. 1, s. 6 (3). Prescribed requirements (4) The plan must comply with the prescribed requirements.  2011, c. 6, Sched. 1, s. 6 (4). Period of plan (5) The period covered by the plan must extend for at least the minimum period described in subsection (6) after the plan was approved or, if the plan is reviewed under subsection 10 (1), after the review was completed.  2011, c. 6, Sched. 1, s. 6 (5). Minimum period (6) The minimum period referred to in subsection (5) is 10 years or such other period as may be prescribed.  2011, c. 6, Sched. 1, s. 6 (6). Time for initial plan (7) A service manager shall approve its initial plan on or before the prescribed date.  2011, c. 6, Sched. 1, s. 6 (7).
7 (1) In the course of preparing its housing and homelessness plan, a service manager shall consult with the public and the prescribed persons.  2011, c. 6, Sched. 1, s. 7 (1). Conduct of consultation (2) Consultations under subsection (1) shall be conducted in accordance with any prescribed requirements.  2011, c. 6, Sched. 1, s. 7 (2).
8 (1) Before approving its housing and homelessness plan, a service manager shall consult with the Minister by providing the Minister with a copy of the proposed plan.  2011, c. 6, Sched. 1, s. 8 (1). Comments from Minister (2) The service manager shall allow the Minister at least the prescribed period of time to comment on the plan and, before approving the plan, the service manager shall consider any comments the Minister provides.  2011, c. 6, Sched. 1, s. 8 (2). Copy of approved plan to Minister (3) The service manager shall provide the Minister with a copy of the plan without delay after approving it.  2011, c. 6, Sched. 1, s. 8 (3).
9 A service manager may amend its approved housing and homelessness plan, either after a review under section 10 or at any other time, and sections 7 and 8 apply, with necessary modifications, to the amendment.  2011, c. 6, Sched. 1, s. 9.
10 (1) At least once every five years, a service manager shall review its housing and homelessness plan and amend it as the service manager considers necessary or advisable.  2011, c. 6, Sched. 1, s. 10 (1). Report to Minister (2) The service manager shall give the Minister a written report on the results of the review without delay after the completion of the review.  2011, c. 6, Sched. 1, s. 10 (2). part II.1   SERVICE levels, Access System Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by adding the following section: (See: 2020, c. 16, Sched. 2, s. 4) Service levels 10.1 (1) A service manager shall ensure that assistance related to housing is provided in its service area in accordance with the regulations, including regulations respecting levels at which assistance must be provided. 2020, c. 16, Sched. 2, s. 4. Forms of assistance (2) The assistance related to housing referred to in subsection (1) is, (a)  any form of assistance that is described in the regulations; and (b)  any specified program that has been approved by the Minister for the purposes of this section. 2020, c. 16, Sched. 2, s. 4. Prescribed requirements for assistance (3) A service manager shall comply with the prescribed requirements with respect to the assistance related to housing referred to in clauses (2) (a) and (b), including requirements respecting eligibility and priority for assistance. 2020, c. 16, Sched. 2, s. 4. Legislation Act, 2006 (4) Part III (Regulations) of the Legislation Act, 2006 does not apply to an approval under clause (2) (b). 2020, c. 16, Sched. 2, s. 4. Section Amendments with date in force (d/m/y) 2020, c. 16, Sched. 2, s. 4 - not in force
10.2 (1) A service manager shall have an access system for providing assistance related to housing in its service area. 2020, c. 16, Sched. 2, s. 5. Forms of assistance (2) The assistance related to housing referred to in subsection (1) is, (a)  rent-geared-to-income assistance under Part V; (b)  any form of assistance that is described in the regulations; and (c)  any specified program that has been approved by the Minister for the purposes of this section. 2020, c. 16, Sched. 2, s. 5. Prescribed requirements for system (3) The access system must comply with the prescribed requirements. 2020, c. 16, Sched. 2, s. 5. Prescribed requirements for assistance (4) A service manager shall comply with the prescribed requirements with respect to the assistance related to housing referred to in clauses (2) (b) and (c), including requirements respecting eligibility and priority for assistance. 2020, c. 16, Sched. 2, s. 5. Legislation Act, 2006 (5) Part III (Regulations) of the Legislation Act, 2006 does not apply to an approval under clause (2) (c). 2020, c. 16, Sched. 2, s. 5. Section Amendments with date in force (d/m/y) 2020, c. 16, Sched. 2, s. 5 - 01/01/2023 Part III   Service Managers
11 (1) The regulations shall designate the municipalities and district social services administration boards that are service managers for the purposes of this Act.  2011, c. 6, Sched. 1, s. 11 (1). Service areas (2) The regulations shall specify the geographic area that is the service area of each service manager for the purposes of this Act.  2011, c. 6, Sched. 1, s. 11 (2).
12 A service manager shall, in accordance with its housing and homelessness plan, carry out measures to meet the objectives and targets relating to housing needs within the service manager’s service area.  2011, c. 6, Sched. 1, s. 12.
13 (1) A service manager may establish, administer and fund housing and homelessness programs and services and may provide housing directly.  2011, c. 6, Sched. 1, s. 13 (1). Natural person powers (2) For greater certainty, a service manager may use its powers under the following provisions for the purposes of this Act: 1.  If the service manager is a municipal service manager, section 9 of the Municipal Act, 2001 or section 7 of the City of Toronto Act, 2006. 2.  If the service manager is a dssab service manager, section 15 of the Not-for-Profit Corporations Act, 2010. 2017, c. 20, Sched. 8, s. 88 (1). Powers not exclusive (3) Paragraphs 5 and 6 of subsection 11 (4) of the Municipal Act, 2001 do not apply with respect to a power a service manager has under this section.  2011, c. 6, Sched. 1, s. 13 (3). Section Amendments with date in force (d/m/y) 2011, c. 6, Sched. 1, s. 185 (1) - no effect - see 2017, c. 20, Sched. 8, s. 149 - 14/11/2017 2017, c. 20, Sched. 7, s. 78 (1) - 13/01/2018; 2017, c. 20, Sched. 8, s. 88 (1) - 19/10/2021
14 Section 19 of the Municipal Act, 2001
does not limit a municipal service manager from exercising its powers under this Act or section 9 of the Municipal Act, 2001 throughout its service area for the purposes of this Act.  2011, c. 6, Sched. 1, s. 14.
15 (1) Subsection 4 (1) of the District Social Services Administration Boards Act does not limit a dssab service manager from exercising its powers under this Act or section 15 of the Not-for-Profit Corporations Act, 2010 throughout its service area for the purposes of this Act. 2017, c. 20, Sched. 8, s. 88 (2). Provisions of Municipal Act, 2001 (2) The following provisions of the Municipal Act, 2001 and the regulations that relate to those provisions apply, with necessary modifications, to a dssab service manager for the purposes of this Act: 1.  Section 6. 2.  Sections 106 and 107. 3.  Subsections 110 (1), (2), (3), (4), (10) and (11). 4.  Subsections 417 (1), (2) and (3). 5.  Subsections 418 (1), (2), (3) and (4).  2011, c. 6, Sched. 1, s. 15 (2). Section Amendments with date in force (d/m/y) 2011, c. 6, Sched. 1, s. 185 (2) - no effect - see 2017, c. 20, Sched. 8, s. 149 - 14/11/2017 2017, c. 20, Sched. 7, s. 78 (2) - 13/01/2018; 2017, c. 20, Sched. 8, s. 88 (2) - 19/10/2021
16 (1) This section applies if a dssab service manager wishes to make permanent improvements to a housing project and wishes to obtain financing for the improvements. 2011, c. 6, Sched. 1, s. 16 (1). Direction (2) The dssab service manager may direct a municipality within its service area that is prescribed for the purposes of this subsection to issue and sell debentures on the credit of the municipality to raise such sums as the dssab service manager may require to make the improvements. 2011, c. 6, Sched. 1, s. 16 (2). Same (3) The direction must state the purpose of the debenture and the nature and estimated cost of the improvements. 2011, c. 6, Sched. 1, s. 16 (3). Application for approval (4) A dssab service manager that proposes to give a direction to a municipality shall apply to the Ontario Land Tribunal for approval of the proposed direction under section 474.10.13 of the Municipal Act, 2001 and the dssab service manager is deemed, for the purposes of that section, to make the application on behalf of the municipality. 2021, c. 4, Sched. 6, s. 54 (1). Approval (5) If the Ontario Land Tribunal approves the proposed direction, the council of the municipality shall pass a by-law authorizing the borrowing of money by the issue and sale of debentures on the credit of the municipality for the purposes stated in the direction. 2011, c. 6, Sched. 1, s. 16 (5); 2017, c. 23, Sched. 5, s. 39 (2); 2021, c. 4, Sched. 6, s. 54 (2). Various powers and duties re debentures (6) Section 401, subsections 404 (7) to (13) and section 405 of the Municipal Act, 2001
apply, with necessary modifications, with respect to debentures issued pursuant to a direction under this section as if the dssab service manager were a school board. 2011, c. 6, Sched. 1, s. 16 (6). Interest on temporary borrowing (7) If a municipality has raised money for a dssab service manager by temporary financing pending the sale of debentures issued pursuant to a direction under this section, the municipality shall charge the cost of the borrowing to the dssab service manager for the period before the sale for which the money is borrowed or for a period of one year, whichever is less. 2011, c. 6, Sched. 1, s. 16 (7). Liability under debentures (8) Debentures issued pursuant to a direction under this section are joint and several obligations of the dssab service manager and all of the municipalities in its service area even if the costs of the improvements have not been apportioned to all the municipalities. 2011, c. 6, Sched. 1, s. 16 (8). Same (9) Nothing in subsection (8) affects the rights of the dssab service manager and the municipalities in its service area as among themselves. 2011, c. 6, Sched. 1, s. 16 (9). Debenture costs included in housing costs (10) The costs of servicing debentures issued pursuant to a direction under this section and any costs of borrowing under subsection (7) shall be included as housing costs of the dssab service manager under section 109. 2011, c. 6, Sched. 1, s. 16 (10). Section Amendments with date in force (d/m/y) 2017, c. 23, Sched. 5, s. 39 (1, 2) - 03/04/2018 2021, c. 4, Sched. 6, s. 54 (1, 2) - 01/06/2021
17 (1) Subject to the prescribed limitations, a service manager may, in writing, delegate all or some of its powers and duties under this Act with respect to all or part of its service area.  2011, c. 6, Sched. 1, s. 17 (1). Conditions, etc., relating to exercise (2) A service manager may impose conditions or restrictions relating to the exercise or performance of delegated powers and duties and a service manager shall impose such conditions or restrictions as may be prescribed.  2011, c. 6, Sched. 1, s. 17 (2). Consent of delegate (3) A delegation may not be made without the consent of the delegate.  2011, c. 6, Sched. 1, s. 17 (3). No limit to delegate boundaries, etc. (4) If a delegate is, (a)  a municipality, section 19 of the
Municipal Act, 2001 or section 15 of the City of Toronto Act, 2006 does not limit the municipality from exercising or performing a delegated power or duty outside its municipal boundaries; or (b)  a district social services administration board, subsection 4 (1) of the District Social Services Administration Boards Act does not limit the board from exercising or performing a delegated power or duty outside its district.  2011, c. 6, Sched. 1, s. 17 (4). Service manager remains responsible (5) A service manager remains responsible for the exercise or performance of any delegated powers or duties.  2011, c. 6, Sched. 1, s. 17 (5). Municipal delegation scheme not to apply (6) Sections 23.1 to 23.5 of the
Municipal Act, 2001 and sections 20 to 24 of the City of Toronto Act, 2006 do not apply with respect to powers and duties under this Act.  2011, c. 6, Sched. 1, s. 17 (6).
18 (1) A service manager shall provide its services that relate to housing in both English and French if any part of the service manager’s service area is in an area that is designated in the Schedule to the French Language Services Act.  2011, c. 6, Sched. 1, s. 18 (1). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 18 (1) of the Act is amended by striking out “an area that is designated in the Schedule to the French Language Services Act” at the end and substituting “an area designated for the purposes of clause 5 (1) (b) of the French Language Services Act”. (See: 2021, c. 40, Sched. 13, s. 17 (1)) Same (2) In addition to what is required under subsection (1), a service manager shall provide services in both English and French to the prescribed housing providers.  2011, c. 6, Sched. 1, s. 18 (2). Requirement if services delegated (3) If the provision of services is delegated under section 17, (a)  the requirement under subsection (1) applies to the delegate only if the delegate provides any of the services in an area that is designated in the Schedule to the French Language Services Act; and Note: On a day to be named by proclamation of the Lieutenant Governor, clause 18 (3) (a) of the Act is amended by striking out “an area that is designated in the Schedule to the French Language Services Act” and substituting “an area designated for the purposes of clause 5 (1) (b) of the French Language Services Act”. (See: 2021, c. 40, Sched. 13, s. 17 (2)) (b)  the requirement under subsection (2) applies to the delegate.  2011, c. 6, Sched. 1, s. 18 (3). Section Amendments with date in force (d/m/y) 2021, c. 40, Sched. 13, s. 17 (1, 2) - not in force
19 (1) The Minister may issue policies and directives in writing to service managers in respect of consents given by service managers under this Act.  2011, c. 6, Sched. 1, s. 19 (1). Policies and directives binding (2) A service manager shall ensure that a policy or directive issued under subsection (1) is followed.  2011, c. 6, Sched. 1, s. 19 (2). Legislation Act, 2006 (3) Part III (Regulations) of the Legislation Act, 2006 does not apply to policies and directives issued under subsection (1).  2011, c. 6, Sched. 1, s. 19 (3).
19.1 (1) An enumeration of persons who are homeless shall be conducted by the service manager in the service manager’s service area at the times and in the form and manner directed by the Minister. 2016, c. 25, Sched. 3, s. 1. Clarifications (2) In a direction issued under subsection (1) with respect to the enumeration of persons who are homeless, the Minister may clarify the categories of persons who are or are not considered to be homeless for the purposes of the enumeration. 2016, c. 25, Sched. 3, s. 1. Legislation Act, 2006 (3) Part III (Regulations) of the Legislation Act, 2006 does not apply to a direction issued under subsection (1). 2016, c. 25, Sched. 3, s. 1. Information relating to enumeration (4) A service manager shall give the Minister in the form and manner specified by the Minister and at the times specified by the regulations and at such other times as the Minister may specify, (a)  the information collected in the course of the enumeration; and (b)  any other prescribed information relating to the enumeration. 2016, c. 25, Sched. 3, s. 1. Reporting to public (5) A service manager shall make available to the public in the form and manner specified by the Minister and at the times specified by the regulations and at such other times as the Minister may specify, (a)  a summary of the information collected in the course of the enumeration; and (b)  any other prescribed information relating to the enumeration. 2016, c. 25, Sched. 3, s. 1. Summary, prescribed requirements (6) The summary referred to in clause (5) (a) must comply with the prescribed requirements. 2016, c. 25, Sched. 3, s. 1.
20 (1) At the prescribed times, a service manager shall give the Minister reports on the following: (a)  the implementation of its housing and homelessness plan; (b)  the administration and funding of its transferred housing programs; and (c)  such other matters as may be prescribed.  2011, c. 6, Sched. 1, s. 20 (1). Form, manner and contents (2) The reports required under subsection (1) must be given in the form and manner authorized by the Minister and must include the prescribed information and the prescribed documents.  2011, c. 6, Sched. 1, s. 20 (2). False information (3) A service manager shall not knowingly furnish false information in a report given under subsection (1).  2011, c. 6, Sched. 1, s. 20 (3).
21 (1) A service manager shall give the Minister, (a)  such reports as the regulations require; and (b)  such reports, documents and information as the Minister requests.  2011, c. 6, Sched. 1, s. 21 (1). Timing (2) A service manager shall give reports, documents and information requested under clause (1) (b) at the times the Minister specifies.  2011, c. 6, Sched. 1, s. 21 (2). Form and manner (3) The reports, documents and information required under subsection (1) must be given in the form and manner authorized by the Minister.  2011, c. 6, Sched. 1, s. 21 (3). False information (4) A service manager shall not knowingly furnish false information in a report, document or information given under subsection (1).  2011, c. 6, Sched. 1, s. 21 (4).
22 A service manager shall report to the public in accordance with the prescribed requirements.  2011, c. 6, Sched. 1, s. 22.
24 In this Part, “local housing corporation” means a corporation that was incorporated in accordance with section 23 of the former Act, including a corporation that results from an amalgamation with such a corporation, subject to section 30; (“société locale de logement”) “related service manager” means, in relation to a local housing corporation, (a)  the service manager to whom common shares were deemed to have been issued under subsection 23 (7) of the former Act, or (b)  such other service manager as is prescribed for the purposes of this clause. (“gestionnaire de services lié”)  2011, c. 6, Sched. 1, s. 24. General
25 A local housing corporation is not an agent of the Crown for any purpose, despite the Crown Agency Act and it is not an administrative unit of the Government of Ontario.  2011, c. 6, Sched. 1, s. 25.
26 A local housing corporation is deemed, (a)  not to be a commercial enterprise for the purposes of subsection 106 (1) of the Municipal Act, 2001 and subsection 82 (1) of the City of Toronto Act, 2006; and (b)  not to be a local board of a service manager or of any municipality.  2011, c. 6, Sched. 1, s. 26.
27 (1) A local housing corporation shall be operated in accordance with, (a)  the prescribed rules; and (b)  the rules made by the related service manager.  2011, c. 6, Sched. 1, s. 27 (1). Content (2) The rules may 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 or Lieutenant Governor in Council considers appropriate to ensure the performance of the local housing corporation’s duties under this Act.  2011, c. 6, Sched. 1, s. 27 (2). Capital fund (3) Without limiting the scope of subsection (2), the rules may provide for the establishment and maintenance of a fund for capital expenditures of the local housing corporation.  2011, c. 6, Sched. 1, s. 27 (3). Conflicts (4) A rule made by the related service manager does not apply to the extent that it conflicts with a prescribed rule, unless the prescribed rule provides otherwise.  2011, c. 6, Sched. 1, s. 27 (4). Application of rules to entity that is not a local housing corporation (5) The rules may provide that they apply to an entity described in paragraph 1 or 2 of subsection 30 (1) that owns a housing project that was previously transferred to a local housing corporation by a transfer order under Part IV of the former Act, but the rules may apply to the entity, (a)  only in respect of the housing project; and (b)  only with respect to the period of time in which the entity owns the housing project.  2011, c. 6, Sched. 1, s. 27 (5).
28 (1) The related service manager shall pay a subsidy to a local housing corporation in accordance with the regulations.  2011, c. 6, Sched. 1, s. 28 (1). Same (2) An entity described in paragraph 2 of section 29 or paragraph 2 of subsection 30 (1) is entitled to a subsidy under subsection (1) in respect of a housing project that was previously transferred to a local housing corporation by a transfer order under Part IV of the former Act and is owned by the entity, but only with respect to the period of time during which the entity owns the housing project.  2011, c. 6, Sched. 1, s. 28 (2).
29 Without limiting who else may acquire shares in a local housing corporation, the following are authorized to acquire such shares: 1.  The related service manager. 2.  A municipality in the service manager’s service area, other than a municipality that forms part of the service manager for municipal purposes.  2011, c. 6, Sched. 1, s. 29.
30 (1) A corporation is a local housing corporation only if all the shares are held by the following: 1.  An entity authorized to acquire shares under section 29. 2.  A corporation one of whose objects is the provision of housing and that is controlled by an entity authorized to acquire shares under section 29.  2011, c. 6, Sched. 1, s. 30 (1). Same (2) A corporation is a local housing corporation only if the related service manager owns, legally or beneficially, shares that carry voting rights sufficient to elect a majority of the board of directors.  2011, c. 6, Sched. 1, s. 30 (2).
31 A local housing corporation shall provide its services that relate to housing in both English and French if the corporation provides any of such services in an area that is designated in the Schedule to the French Language Services Act.  2011, c. 6, Sched. 1, s. 31. Note: On a day to be named by proclamation of the Lieutenant Governor, section 31 of the Act is amended by striking out “an area that is designated in the Schedule to the French Language Services Act” at the end and substituting “an area designated for the purposes of clause 5 (1) (b) of the French Language Services Act”. (See: 2021, c. 40, Sched. 13, s. 17 (3)) Section Amendments with date in force (d/m/y) 2021, c. 40, Sched. 13, s. 17 (3) - not in force Restriction on Certain Corporate Changes
32 A local housing corporation shall not issue shares unless, (a)  the related service manager consents in writing; or (b)  the requirements prescribed for the purposes of this clause are satisfied.  2011, c. 6, Sched. 1, s. 32; 2016, c. 25, Sched. 3, s. 2. Section Amendments with date in force (d/m/y) 2016, c. 25, Sched. 3, s. 2 - 01/01/2017
33 (1) A shareholder of a local housing corporation shall not transfer or encumber shares unless, (a)  the related service manager consents in writing; or (b)  the requirements prescribed for the purposes of this clause are satisfied.  2011, c. 6, Sched. 1, s. 33 (1); 2016, c. 25, Sched. 3, s. 3. Duty on local housing corporation (2) A local housing corporation shall not permit or acquiesce in a transfer or encumbrance that is prohibited under subsection (1).  2011, c. 6, Sched. 1, s. 33 (2). Definition (3) For the purposes of this section, “transfer or encumber” includes the transfer or encumbrance of the beneficial ownership in shares.  2011, c. 6, Sched. 1, s. 33 (3). Section Amendments with date in force (d/m/y) 2016, c. 25, Sched. 3, s. 3 - 01/01/2017
34 A local housing corporation shall not amalgamate with another corporation unless, (a)  the related service manager consents in writing; or (b)  the requirements prescribed for the purposes of this clause are satisfied.  2011, c. 6, Sched. 1, s. 34; 2016, c. 25, Sched. 3, s. 4. Section Amendments with date in force (d/m/y) 2016, c. 25, Sched. 3, s. 4 - 01/01/2017
35 A local housing corporation shall not be voluntarily wound up or dissolved unless, (a)  the related service manager consents in writing; or (b)  the requirements prescribed for the purposes of this clause are satisfied.  2011, c. 6, Sched. 1, s. 35; 2016, c. 25, Sched. 3, s. 5. Section Amendments with date in force (d/m/y) 2016, c. 25, Sched. 3, s. 5 - 01/01/2017
35.1 (1) The related service manager shall give the Minister written notice within 30 days of giving a consent under clause 32 (a), 33 (1) (a), 34 (a) or 35 (a). 2016, c. 25, Sched. 3, s. 6. Same, prescribed requirements (2) The notice must comply with the prescribed requirements. 2016, c. 25, Sched. 3, s. 6. Section Amendments with date in force (d/m/y) 2016, c. 25, Sched. 3, s. 6 - 01/01/2017
35.2 The regulations may provide that it shall be the Minister and not the related service manager who gives consent under clause 32 (a), 33 (1) (a), 34 (a) or 35 (a). 2016, c. 25, Sched. 3, s. 6. Section Amendments with date in force (d/m/y) 2016, c. 25, Sched. 3, s. 6 - 01/01/2017
36 (1) An issue, transfer, encumbrance, amalgamation, winding-up or dissolution carried out in contravention of section 32, 33, 34 or 35 is invalid and of no force or effect.  2011, c. 6, Sched. 1, s. 36 (1). Invalidity – things done in furtherance of contravention (2) Anything done by a local housing corporation or the shareholders or directors of a local housing corporation in furtherance of an action that would contravene section 32, 33, 34 or 35 is invalid and of no force or effect.  2011, c. 6, Sched. 1, s. 36 (2).
37 In the event of a conflict between sections 32 to 36 and the Business Corporations Act or regulations made under that Act, sections 32 to 36 prevail.  2011, c. 6, Sched. 1, s. 37. Part V   Rent-geared-to-income Assistance and Special Needs Housing Definitions
38 In this Part, “rent-geared-to-income assistance” means financial assistance provided in respect of a household to reduce the amount the household must otherwise pay to occupy a unit;  (“aide sous forme de loyer indexé sur le revenu”) “special needs housing” means housing intended for use by a household with one or more members who require accessibility modifications or provincially funded support services in order to live independently in the community; (“logement adapté”) “special needs housing administrator” means, in relation to a housing project with special needs housing, (a)  the service manager for the service area where the housing project is located, or (b)  if the regulations so provide, the housing provider operating the housing project. (“administrateur de logements adaptés”)  2011, c. 6, Sched. 1, s. 38. Application of Part
39 (1) This Part applies with respect to rent-geared-to-income assistance and special needs housing provided under a transferred housing program that is prescribed for the purposes of this subsection.  2011, c. 6, Sched. 1, s. 39 (1). Exception (2) Despite subsection (1), sections 55 to 58 are not limited to rent-geared-to-income assistance described in subsection (1).  2011, c. 6, Sched. 1, s. 39 (2). Minimum Service Levels
40 (1) A service manager shall ensure that rent-geared-to-income assistance under this Part is provided in its service area for at least, (a)  the prescribed number of households whose income is no greater than the household income limit; and (b)  the prescribed number of high need households.  2011, c. 6, Sched. 1, s. 40 (1). Households not included (2) A household accommodated under a housing program prescribed for the purpose of this subsection may not be included to meet the requirements of clause (1) (a) or (b).  2011, c. 6, Sched. 1, s. 40 (2). Households included (3) A household may be included to meet the requirements of clause (1) (a) or (b) even if this Part does not apply to the rent-geared-to-income assistance received by the household, as long as the assistance is provided in accordance with the scheme set out in this Part.  2011, c. 6, Sched. 1, s. 40 (3). Same (3.1) A household may be included to meet the requirements of clause (1) (a) or (b) even if no rent-geared-to-income assistance is provided to the household under this Part, if the following requirements are met: 1.  An alternate form of financial assistance related to housing is provided to the household. 2.  The alternate form of financial assistance referred to in paragraph 1 is specified by the regulations or has been approved by the Minister for the purposes of this paragraph. 2016, c. 25, Sched. 3, s. 7. Legislation Act, 2006 (3.2) Part III (Regulations) of the Legislation Act, 2006 does not apply to an approval under paragraph 2 of subsection (3.1). 2016, c. 25, Sched. 3, s. 7. Definitions (4) In this section, “high need household” means a household that meets such criteria as may be prescribed for the purposes of this definition; (“ménage ayant des besoins importants”) “household income limit” means the household income limit prescribed for the purposes of this definition. (“seuil de revenu des ménages”)  2011, c. 6, Sched. 1, s. 40 (4). Note: On a day to be named by proclamation of the Lieutenant Governor, section 40 of the Act is repealed. (See: 2020, c. 16, Sched. 2, s. 6) Section Amendments with date in force (d/m/y) 2020, c. 16, Sched. 2, s. 6 - not in force
41 (1) The following apply with respect to housing projects that are subject to the transferred housing programs prescribed for the purposes of this section: 1.  The service manager shall ensure that the housing projects have, in total, at least the prescribed number of modified units. 2.  The service manager shall ensure that the modified units required under paragraph 1 meet the prescribed requirements.  2011, c. 6, Sched. 1, s. 41 (1). Definition of “modified unit” (2) In this section, “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. 41 (2). Note: On a day to be named by proclamation of the Lieutenant Governor, section 41 of the Act is repealed. (See: 2020, c. 16, Sched. 2, s. 6) Section Amendments with date in force (d/m/y) 2020, c. 16, Sched. 2, s. 6 - not in force Rent-Geared-to-Income Assistance
42 (1) Eligibility for rent-geared-to-income assistance shall be determined in accordance with the following: 1.  The prescribed provincial eligibility rules. 2.  The local eligibility rules made by the service manager. 2011, c. 6, Sched. 1, s. 42 (1). Local rules required (2) A service manager shall make local eligibility rules with respect to the prescribed matters. 2020, c. 16, Sched. 2, s. 7. Other local rules (2.1) A service manager may make local eligibility rules other than those made under subsection (2) with respect to the prescribed matters. 2020, c. 16, Sched. 2, s. 7. Prescribed requirements for local rules (3) The local eligibility rules must comply with the prescribed requirements. 2011, c. 6, Sched. 1, s. 42 (3). Conflicts (4) A local eligibility rule does not apply to the extent that it conflicts with a provincial eligibility rule, unless the provincial eligibility rule provides otherwise. 2011, c. 6, Sched. 1, s. 42 (4). Section Amendments with date in force (d/m/y) 2020, c. 16, Sched. 2, s. 7 - 01/07/2022
43 (1) A service manager shall establish occupancy standards for determining the size and type of unit permissible for a household receiving rent-geared-to-income assistance.  2011, c. 6, Sched. 1, s. 43 (1). Prescribed requirements (2) The occupancy standards must comply with the prescribed requirements.  2011, c. 6, Sched. 1, s. 43 (2).
44 (1) A member of a household may apply, on behalf of the household, to a service manager for rent-geared-to-income assistance for a unit in a housing project in the service manager’s service area.  2011, c. 6, Sched. 1, s. 44 (1). Contents of application (2) An application must include, (a)  the prescribed information and documents; and (b)  the information and documents required by the service manager.  2011, c. 6, Sched. 1, s. 44 (2). Limitations on required information and documents (3) The information and documents a service manager may require under clause (2) (b) are subject to the prescribed limitations.  2011, c. 6, Sched. 1, s. 44 (3). Form of application (4) An application must be in a form authorized by the service manager.  2011, c. 6, Sched. 1, s. 44 (4).
45 (1) The service manager shall determine whether the household is eligible for rent-geared-to-income assistance.  2011, c. 6, Sched. 1, s. 45 (1). Rules guiding determination (2) The service manager’s determination shall be made in accordance with the following: 1.  The eligibility rules referred to in section 42. 2.  The requirements prescribed for the purposes of this paragraph.  2011, c. 6, Sched. 1, s. 45 (2).
46 (1) The service manager shall determine the size and type of unit that would be permissible if the household received rent-geared-to-income assistance.  2011, c. 6, Sched. 1, s. 46 (1). Rules guiding determination (2) The service manager’s determination shall be made in accordance with the occupancy standards established under section 43.  2011, c. 6, Sched. 1, s. 46 (2).
47 (1) A service manager shall have a system for selecting households from those waiting for rent-geared-to-income assistance in the housing projects in the service manager’s service area.  2011, c. 6, Sched. 1, s. 47 (1). Specific inclusions (2) The system must include, (a)  rules for determining whether a unit that becomes vacant should be occupied by a household that will be receiving rent-geared-to-income assistance; (b)  priority rules for households waiting for rent-geared-to-income assistance; and (c)  rules governing the selection by a housing provider of households to occupy units or receive rent-geared-to-income assistance.  2011, c. 6, Sched. 1, s. 47 (2). Prescribed requirements (3) The system must comply with the prescribed requirements.  2011, c. 6, Sched. 1, s. 47 (3). Rules for certain waiting households (4) The regulations may provide that the system may include rules that, (a)  deal with households waiting for rent-geared-to-income assistance that have accepted an offer of an alternate form of financial assistance related to housing that is specified by the regulations or has been approved by the Minister for the purposes of this clause; and (b)  apply despite the prescribed requirements. 2016, c. 25, Sched. 3, s. 8. Legislation Act, 2006 (5) Part III (Regulations) of the Legislation Act, 2006 does not apply to an approval under clause (4) (a). 2016, c. 25, Sched. 3, s. 8.
48 (1) The service manager shall determine the priority of households waiting for rent-geared-to-income assistance, including whether a household is included in a category given priority over other categories.  2011, c. 6, Sched. 1, s. 48 (1).  Rules guiding determination (2) The service manager’s determination shall be made in accordance with the following: 1.  The prescribed provincial priority rules. 2.  The service manager’s priority rules included in the service manager’s system under clause 47 (2) (b).  2011, c. 6, Sched. 1, s. 48 (2). Conflicts (3) A service manager’s priority rule does not apply to the extent that it conflicts with a provincial priority rule, unless the provincial priority rule provides otherwise.  2011, c. 6, Sched. 1, s. 48 (3). Requirement to provide information (4) If a service manager, for the purposes of determining the priority of a household and with the household’s consent, requests another service manager to provide information prescribed for the purposes of this subsection, the other service manager shall supply the requested information.  2011, c. 6, Sched. 1, s. 48 (4).
49 A housing provider shall use the system under section 47 for its housing projects.  2011, c. 6, Sched. 1, s. 49.
50 (1) The service manager shall determine the amount of rent payable by a household receiving rent-geared-to-income assistance for a unit in a housing project in the service manager’s service area.  2011, c. 6, Sched. 1, s. 50 (1). Requirements guiding determination (2) The service manager’s determination shall be made in accordance with the requirements prescribed for the purposes of this subsection.  2011, c. 6, Sched. 1, s. 50 (2). Housing provider bound (3) A determination under this section is binding on the housing provider.  2011, c. 6, Sched. 1, s. 50 (3).
51 (1) The service manager may, upon the application of a household receiving rent-geared-to-income assistance, defer or forgive all or part of the rent payable by the household.  2011, c. 6, Sched. 1, s. 51 (1). Rules guiding decision and deferral or forgiveness (2) The service manager’s decision on an application and any resulting deferral or forgiveness of rent shall be made in accordance with the rules made by the service manager.  2011, c. 6, Sched. 1, s. 51 (2). Prescribed requirements (3) The rules must comply with the prescribed requirements.  2011, c. 6, Sched. 1, s. 51 (3). Housing provider bound (4) A deferral or forgiveness under this section is binding on the housing provider.  2011, c. 6, Sched. 1, s. 51 (4).
52 (1) On a periodic basis and at such other times as the regulations may require, a service manager shall determine whether the households receiving rent-geared-to-income assistance for units in housing projects of the service manager continue to be eligible for rent-geared-to-income assistance.  2011, c. 6, Sched. 1, s. 52 (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. 52 (2). Rules guiding determination (3) The service manager’s determination shall be made in accordance with the following: 1.  The eligibility rules referred to in section 42. 2.  The requirements prescribed for the purposes of this paragraph.  2011, c. 6, Sched. 1, s. 52 (3).
53 (1) A service manager shall give a household written notice, in accordance with any prescribed requirements, of the following decisions: 1.  A determination, under subsection 45 (1), whether the household is eligible for rent-geared-to-income assistance. 2.  A determination, under subsection 46 (1), of the size and type of unit that would be permissible if the household received rent-geared-to-income assistance. 3.  A determination, under subsection 48 (1), whether the household is included in a category given priority over other categories. 4.  A determination, under subsection 50 (1), of the amount of rent payable by the household. 5.  A determination, under subsection 52 (1), that the household is no longer eligible for rent-geared-to-income assistance. 6.  A determination, under subsection 51 (1), as to whether or not rent will be deferred or forgiven. 7.  A decision prescribed for the purposes of this paragraph.  2011, c. 6, Sched. 1, s. 53 (1). Notice to housing provider (2) The service manager shall also give the affected housing provider notice of the following decisions: 1.  A determination described in paragraph 4 of subsection (1) of the amount of rent payable by the household. 2.  A determination described in paragraph 5 subsection (1) that the household is no longer eligible for rent-geared-to-income assistance. 3.  A determination described in paragraph 6 of subsection (1) that rent is being deferred or forgiven. 4. A decision prescribed for the purposes of this paragraph.  2011, c. 6, Sched. 1, s. 53 (2).
54 (1) A service manager shall make the following available to the public in accordance with any prescribed requirements: 1.  The service manager’s procedures for applications for rent-geared-to-income assistance, including what information and documents the service manager requires under clause 44 (2) (b) and the form authorized for the purposes of subsection 44 (4). 2.  The service manager’s local eligibility rules made under section 42. 3.  The service manager’s occupancy standards established under section 43. 4.  The rules included, under subsection 47 (2), in the service manager’s system for selecting households required under section 47. 5.  Information on the housing projects in the service manager’s service area where rent-geared-to-income assistance is provided. 6.  Information about the provincial eligibility rules prescribed for the purposes of paragraph 1 of subsection 42 (1). 7.  Information about the provincial priority rules prescribed for the purposes of paragraph 1 of subsection 48 (2). 8.  Any information or documents prescribed for the purposes of this paragraph.  2011, c. 6, Sched. 1, s. 54 (1). Service manager request for information (2) A housing provider shall provide such information as the service manager requests for the purposes of complying with paragraph 5 of subsection (1).  2011, c. 6, Sched. 1, s. 54 (2). Information, etc., made available by housing provider (3) 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 rent-geared-to-income assistance available to the public in accordance with any prescribed requirements.  2011, c. 6, Sched. 1, s. 54 (3).
55 (1) No member of a household shall knowingly obtain or receive rent-geared-to-income assistance for which the household is not eligible.  2011, c. 6, Sched. 1, s. 55 (1). 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.  2011, c. 6, Sched. 1, s. 55 (2). 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.  2011, c. 6, Sched. 1, s. 55 (3).