jswizzle3737/ontario_laws_and_regs huggingface dataset:
108 An amount a service manager is required to pay the Minister of Finance under subsection 106 (3) or 107 (4) is a debt of the service manager owing to the Crown in right of Ontario and the debt together with any interest or penalty that is charged may be recovered by any remedy or procedure available to the Crown by law.  2011, c. 6, Sched. 1, s. 108.  Service Manager’s Housing Costs
109 (1) For the purposes of sections 110 to 116, a service manager’s housing costs for a period are the sum of, (a)  the costs incurred or to be incurred by the service manager in respect of that period in administering and funding the service manager’s transferred housing programs; and (b)  the amount for that period allocated to the service manager under subsection 106 (1).  2011, c. 6, Sched. 1, s. 109 (1). Exclusion (2) A service manager’s housing costs do not include such amounts as may be prescribed.  2011, c. 6, Sched. 1, s. 109 (2).
110 A service manager shall determine, in accordance with the regulations, the amount of its housing costs.  2011, c. 6, Sched. 1, s. 110.
111 (1) This section provides for the apportionment of housing costs by a municipal service manager if there is a municipality within the service manager’s service area that does not form part of the service manager for municipal purposes.  2011, c. 6, Sched. 1, s. 111 (1). Billing periods (2) The billing periods for a service manager shall be determined by the service manager.  2011, c. 6, Sched. 1, s. 111 (2). Apportionment (3) For each billing period, the service manager shall apportion, in accordance with the regulations, the service manager’s housing costs among itself and each municipality described in subsection (1).  2011, c. 6, Sched. 1, s. 111 (3). Notice of amounts due (4) The service manager shall give each municipality described in subsection (1) a written notice setting out, (a)  the amount apportioned to the municipality; (b)  the date the municipality is required to pay the amount; and (c)  such other information as may be prescribed.  2011, c. 6, Sched. 1, s. 111 (4). Payment by municipality (5) The municipality shall pay the apportioned amount to the service manager in accordance with the notice.  2011, c. 6, Sched. 1, s. 111 (5). Lower-tier municipalities (6) Where a municipality described in subsection (1) is an upper-tier municipality, subsections (3) to (5) do not apply with respect to the individual lower-tier municipalities within the upper-tier municipality.  2011, c. 6, Sched. 1, s. 111 (6). Interpretation (7) For the purposes of this section, “lower-tier municipality” and “upper-tier municipality” have the same meaning as in the Municipal Act, 2001.  2011, c. 6, Sched. 1, s. 111 (7).
112 (1) This section provides for the apportionment of housing costs by a dssab service manager.  2011, c. 6, Sched. 1, s. 112 (1). Billing periods (2) The billing periods for a service manager shall be determined by the service manager.  2011, c. 6, Sched. 1, s. 112 (2). Apportionment (3) For each billing period, the service manager shall apportion, in accordance with the regulations, the service manager’s housing costs among the municipalities and territory without municipal organization in the service manager’s service area.  2011, c. 6, Sched. 1, s. 112 (3). Payment of municipal apportionment (4) A municipality shall pay the amount apportioned to it to the service manager on demand.  2011, c. 6, Sched. 1, s. 112 (4). Payment of unorganized territory apportionment (5) The Minister shall pay to the service manager, in accordance with the regulations, (a)  the amount apportioned to territory without municipal organization; and (b)  any amount excluded under subsection 109 (2) if, (i)  the amount is a cost relating to a transferred housing program, and (ii)  the amount is a cost incurred or to be incurred with respect to a municipality that is deemed, under subsection (6), to be territory without municipal organization.  2011, c. 6, Sched. 1, s. 112 (5). Municipality deemed to be unorganized (6) A regulation may specify that a municipality is deemed to be territory without municipal organization for the purposes of this section.  2011, c. 6, Sched. 1, s. 112 (6).
113 The following apply with respect to the regulations referred to in subsections 111 (3) and 112 (3) relating to the apportionment of the service manager’s housing costs: 1.  The regulations may provide for the apportionment to be done by a method set out in the regulations. 2.  The regulations may provide for the apportionment to be done by an arbitration process set out in the regulations. 3.  The regulations may provide for the apportionment to be done, i.  if the service manager is a municipal service manager, by agreement between the service manager and each municipality described in subsection 111 (1), or ii.  if the service manager is a dssab service manager, by a method determined by the service manager. 4.  The regulations may provide for the apportionment to be done by an interim method specified by the regulations until an arbitration referred to in paragraph 2 is completed or an agreement referred to in subparagraph 3 i is entered into and may provide for the reconciliation, after the arbitration is completed or agreement is entered into, of any amounts paid on an interim basis.  2011, c. 6, Sched. 1, s. 113.
114 (1) A service manager may revise a determination of housing costs under section 110 or an apportionment under subsection 111 (3) or 112 (3).  2011, c. 6, Sched. 1, s. 114 (1). Required revisions in relation to estimates (2) If any estimates of costs were used, the service manager shall make the appropriate revisions under subsection (1) after the actual costs are known.  2011, c. 6, Sched. 1, s. 114 (2). If revision changes apportionment (3) If a revision under subsection (1) would result in a change to the apportionment to a municipality, the service manager shall give the municipality a written notice of the change setting out such information as may be prescribed.  2011, c. 6, Sched. 1, s. 114 (3). If apportionment is increased (4) If the amount apportioned to a municipality is increased, the municipality shall pay the difference to the service manager in accordance with the notice.  2011, c. 6, Sched. 1, s. 114 (4). If apportionment is decreased (5) If the amount apportioned to a municipality is decreased, the service manager shall, (a)  pay the difference to the municipality; or (b)  credit the municipality with the difference for any future amount the municipality is required to pay.  2011, c. 6, Sched. 1, s. 114 (5). Apportionment change – unorganized territory (6) The following apply if a revision under subsection (1) would result in a change to the apportionment to territory without municipal organization under subsection 112 (3), including to a municipality that is deemed to be territory without municipal organization under subsection 112 (6): 1.  If the apportioned amount is increased, the Minister shall pay the difference to the service manager in accordance with the regulations. 2.  If the apportioned amount is decreased, the service manager shall pay the difference to the Minister in accordance with the regulations.  2011, c. 6, Sched. 1, s. 114 (6).
115 (1) If a municipality does not pay a service manager an amount required under subsection 111 (5), 112 (4) or 114 (4), the service manager may charge the municipality interest and penalties in accordance with the regulations.  2011, c. 6, Sched. 1, s. 115 (1).  If apportionment by arbitration or agreement (2) If the regulations to which section 113 applies provide for the apportionment to be done by an arbitration process or by agreement, the regulations may provide for the interest and penalties to be determined in accordance with the arbitration process or the agreement.  2011, c. 6, Sched. 1, s. 115 (2). If apportionment by dssab service manager (3) If the regulations to which section 113 applies provide for the apportionment to be done by a method determined by the dssab service manager, the regulations may provide for the interest and penalties to be determined by the service manager.  2011, c. 6, Sched. 1, s. 115 (3).
116 (1) An amount a municipality is required to pay a service manager under subsection 111 (5), 112 (4) or 114 (4) is a debt of the municipality owing to the service manager and the debt together with any interest or penalty that is charged by the service manager under this Act may be recovered by any remedy or procedure available to the service manager by law.  2011, c. 6, Sched. 1, s. 116 (1).  Same (2) A service manager may set off against amounts owing to a municipality any amount it may recover from that municipality under subsection (1).  2011, c. 6, Sched. 1, s. 116 (2). Special Rules for the Greater Toronto Area
117 In sections 118 and 119, “GTA service manager” means a service manager whose service area is within the area consisting of the City of Toronto and the regional municipalities of Durham, Halton, Peel and York.  2011, c. 6, Sched. 1, s. 117.
118 Section 114 does not apply with respect to a GTA service manager.  2011, c. 6, Sched. 1, s. 118. 119 Repealed: 2011, c. 6, Sched. 1, s. 119 (8). Section Amendments with date in force (d/m/y) 2011, c. 6, Sched. 1, s. 119 (8) - 01/07/2016 Part IX   Housing Services Corporation Definition
120 In this Part, “Corporation” means the Housing Services Corporation continued under section 121.  2011, c. 6, Sched. 1, s. 120. Continuation, Objects, Powers, etc.
121 The Social Housing Services Corporation established under the former Act is continued as a corporation without share capital under the name Housing Services Corporation in English and Société des services de logement in French.  2011, c. 6, Sched. 1, s. 121.
122 The objects of the Corporation are the following: 1.  To improve the operation, efficiency and long-term sustainability of housing providers that provide housing for moderate and low-income households. 2.  To improve the management, maintenance and long-term sustainability and viability of the physical assets of housing providers that provide housing for moderate and low-income households. 3.  To improve the quality of life of residents in housing for moderate and low-income households. 4.  Such other objects as may be prescribed.  2011, c. 6, Sched. 1, s. 122.
123 The Corporation has the capacity, rights, powers and privileges of a natural person.  2011, c. 6, Sched. 1, s. 123.
124 The Corporation shall, (a)  establish and manage insurance programs for members prescribed for the purposes of this clause; (b)  establish and manage schemes to pool capital reserve funds for members that are housing providers and that are prescribed for the purposes of this clause; (c)  establish and manage schemes for the joint purchase of natural gas by members that are housing providers and that are prescribed for the purposes of this clause; (d)  undertake research and provide advice to the Province of Ontario, service managers and housing providers with respect to the establishment and use of performance measures and good practices to achieve the efficient and effective provision and long-term sustainability and viability of housing for moderate and low-income households; and (e)  undertake such other activities as are prescribed.  2011, c. 6, Sched. 1, s. 124.
125 The 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. 125.
126 The Not-for-Profit Corporations Act, 2010
does not apply to the Corporation except as provided for in the regulations. 2011, c. 6, Sched. 1, s. 126, 185 (4). Section Amendments with date in force (d/m/y) 2011, c. 6, Sched. 1, s. 185 (4) - 19/10/2021 Members
127 The members of the Corporation are, (a)  all service managers; (b)  all local housing corporations; (c)  the housing providers that are non-profit corporations and that are prescribed for the purposes of this clause; (d)  the housing providers that are non-profit housing co-operatives under the Co-operative Corporations Act and that are prescribed for the purposes of this clause; and (e)  the housing providers or other persons that meet the requirements prescribed for the purposes of this clause.  2011, c. 6, Sched. 1, s. 127. Directors and Officers
128 (1) The Corporation shall have a board of directors that shall manage, or supervise the management of, the Corporation.  2011, c. 6, Sched. 1, s. 128 (1). Composition (2) The board of directors shall consist of the following: 1.  Two directors appointed by the Minister. 2.  One director selected by the City of Toronto. 3.  One director selected jointly by the regional municipalities of Durham, Halton, Peel and York. 4.  One director selected jointly by the City of Toronto and the regional municipalities of Durham, Halton, Peel and York. 5.  One director selected jointly by the dssab service managers. 6.  Four directors selected jointly by the service managers. 7.  Three directors selected jointly by the housing providers described in clause 127 (c). 8.  Two directors selected jointly by the housing providers described in clause 127 (d).  2011, c. 6, Sched. 1, s. 128 (2). Selection process (3) The regulations may govern the selection of directors under paragraphs 2 to 8 of subsection (2).  2011, c. 6, Sched. 1, s. 128 (3).
129 (1) A director appointed or selected under subsection 128 (2) shall hold office for the prescribed term, subject to sections 130 to 133.  2011, c. 6, Sched. 1, s. 129 (1). Continuation until successor selected, etc. (2) Despite subsection (1) but subject to sections 130 to 133, a director continues in office after the end of his or her prescribed term until his or her successor is appointed or selected under subsection 128 (2).  2011, c. 6, Sched. 1, s. 129 (2). More than one term (3) A director may hold office for more than one term.  2011, c. 6, Sched. 1, s. 129 (3).
130 (1) A director may be removed at any time by the person or entity or entities that appointed or selected the director.  2011, c. 6, Sched. 1, s. 130 (1). Removal process (2) The regulations may govern the removal of directors under subsection (1).  2011, c. 6, Sched. 1, s. 130 (2).
131 The board of directors may remove a director if, (a)  the director is unable to perform his or her duties; or (b)  the director has not performed his or her duties for a period of 90 days or more.  2011, c. 6, Sched. 1, s. 131.
132 A director selected under paragraphs 2 to 8 of subsection 128 (2) ceases to be a director if, (a)  when selected, the director was a member of the council or board of the entity or one of the entities that selected the director; and (b)  the director ceases to be a member of that council or board.  2011, c. 6, Sched. 1, s. 132.
133 A director may resign.  2011, c. 6, Sched. 1, s. 133.
134 (1) If there is a vacancy on the board of directors, a replacement may be appointed, (a)  by the Minister, if the director being replaced was appointed by the Minister; or (b)  by the board of directors of the Corporation, in any other case.  2011, c. 6, Sched. 1, s. 134 (1). Consultation before appointment (2) Before appointing a replacement under clause (1) (b), the board of directors shall consult, or make reasonable efforts to consult, with the entity or entities that selected the director being replaced.  2011, c. 6, Sched. 1, s. 134 (2). Alternative for certain directors (3) In relation to the replacement of a director selected under paragraph 6, 7 or 8 of subsection 128 (2), the regulations may prescribe different consultation requirements as an alternative to what would otherwise be required under subsection (2).  2011, c. 6, Sched. 1, s. 134 (3). Reappointment of certain directors (4) If a person ceases to be a director under section 132, the board of directors may reappoint that person under clause (1) (b).  2011, c. 6, Sched. 1, s. 134 (4). Term of replacement director (5) Subject to sections 130 and 133, a director appointed under subsection (1) shall hold office until a successor is appointed or selected under subsection 128 (2).  2011, c. 6, Sched. 1, s. 134 (5).
135 (1) The board of directors shall elect one of the directors as chair.  2011, c. 6, Sched. 1, s. 135 (1). Term (2) The term of the chair is two years.  2011, c. 6, Sched. 1, s. 135 (2). Limit on terms (3) A chair may not be elected for more than two terms.  2011, c. 6, Sched. 1, s. 135 (3). If chair ceases to be member (4) If the chair ceases to be a director, the chair ceases to be the chair.  2011, c. 6, Sched. 1, s. 135 (4). Filling vacancy (5) If the office of chair becomes vacant before the end of the chair’s term, the board of directors shall elect one of the directors as a replacement for the remainder of the term.  2011, c. 6, Sched. 1, s. 135 (5). Acting chair (6) The board of directors may, by by-law or resolution, provide for a director to act in the place of the chair when the chair is absent or refuses to act or when the office of the chair is vacant.  2011, c. 6, Sched. 1, s. 135 (6).
136 A quorum for the board of directors is a majority of the directors, including at least one director selected under paragraph 7 or 8 of subsection 128 (2) or appointed under section 134 to replace such a director.  2011, c. 6, Sched. 1, s. 136.
137 (1) Each director has one vote.  2011, c. 6, Sched. 1, s. 137 (1). Chair (2) The chair, including a replacement under subsection 135 (5), does not have a vote, except to break a tie.  2011, c. 6, Sched. 1, s. 137 (2). Acting chair (3) An acting chair under subsection 135 (6) may vote as a director, but does not have an additional vote to break ties.  2011, c. 6, Sched. 1, s. 137 (3).
138 (1) The Corporation shall pay the directors such remuneration as the by-laws of the Corporation provide.  2011, c. 6, Sched. 1, s. 138 (1). Expenses (2) The board of directors shall establish a policy for the reimbursement of reasonable expenses incurred by a director in the course of performing his or her duties, and the Corporation shall follow that policy when reimbursing a director for expenses.  2011, c. 6, Sched. 1, s. 138 (2). Regulations (3) The regulations may govern the policy referred to in subsection (2).  2011, c. 6, Sched. 1, s. 138 (3).
139 (1) The board of directors may make a decision otherwise than at a meeting and the signature of a majority of the directors on a document setting out the decision is evidence of the board’s decision.  2011, c. 6, Sched. 1, s. 139 (1). Committees (2) Subsection (1) applies with necessary modifications to a committee of the board of directors.  2011, c. 6, Sched. 1, s. 139 (2).
140 Subsection 126 (13) of the Business Corporations Act applies, with necessary modifications, with respect to the Corporation.  2011, c. 6, Sched. 1, s. 140.
141 (1) The board of directors shall appoint a chief executive officer who is responsible for the operation of the Corporation and who shall implement the policies and procedures established by the board and perform such other duties as may be assigned by the board.  2011, c. 6, Sched. 1, s. 141 (1). Secretary (2) The chief executive officer is the secretary of the board of directors.  2011, c. 6, Sched. 1, s. 141 (2). Conduct of elections (3) The chief executive officer shall conduct elections of, (a)  the chair under subsection 135 (1); and (b)  a replacement chair under subsection 135 (5).  2011, c. 6, Sched. 1, s. 141 (3).
142 Section 132 of the Business Corporations Act applies, with necessary modifications, with respect to the Corporation.  2011, c. 6, Sched. 1, s. 142.
143 Section 134 of the Business Corporations Act
applies, with necessary modifications, with respect to the Corporation.  2011, c. 6, Sched. 1, s. 143.
144 Section 135 (4) of the Business Corporations Act applies, with necessary modifications, with respect to the Corporation.  2011, c. 6, Sched. 1, s. 144.
145 Section 136 of the Business Corporations Act
applies, with necessary modifications, with respect to the Corporation.  2011, c. 6, Sched. 1, s. 145. Financial Provisions
146 The service managers shall pay such amounts as may be prescribed to the Corporation and shall pay the amounts in the prescribed manner and at the prescribed times.  2011, c. 6, Sched. 1, s. 146.
147 Funds that are held by the Corporation on behalf of a member and any returns on such funds are the property of the member.  2011, c. 6, Sched. 1, s. 147.
148 The Corporation shall use its income solely in furtherance of its objects and shall not distribute it to its members.  2011, c. 6, Sched. 1, s. 148.
149 The regulations may govern the fees the Corporation may charge for services it provides.  2011, c. 6, Sched. 1, s. 149.
150 The accounts of the Corporation shall be audited annually by an auditor or auditors appointed by the board of directors.  2011, c. 6, Sched. 1, s. 150. Miscellaneous
151 (1) The regulations may require prescribed members of the Corporation to participate in the prescribed programs and activities of the Corporation.  2011, c. 6, Sched. 1, s. 151 (1). Specific requirements (2) Without limiting what other programs and activities a local housing corporation may be required to participate in under subsection (1), a local housing corporation shall participate in the following, unless the Minister gives written consent for the local housing corporation to not participate: 1.  The insurance programs under clause 124 (a). 2.  The schemes for the joint purchase of natural gas under clause 124 (c).  2011, c. 6, Sched. 1, s. 151 (2).
152 (1) The Corporation shall prepare an annual report on the affairs of the Corporation and deliver it to the Minister within 180 days after the end of its fiscal year.  2011, c. 6, Sched. 1, s. 152 (1). Contents (2) The report must include the audited financial statements and such other information as may be prescribed.  2011, c. 6, Sched. 1, s. 152 (2). Copies to directors (3) The Corporation shall provide a copy of the report to each director.  2011, c. 6, Sched. 1, s. 152 (3). Report available to public (4) The Corporation shall make the report available to the public.  2011, c. 6, Sched. 1, s. 152 (4).
153 (1) A service manager or housing provider shall file reports with the Corporation containing the prescribed information in the prescribed manner and at the prescribed times.  2011, c. 6, Sched. 1, s. 153 (1). Information on request (2) A service manager or housing provider shall provide the Corporation with such information as the Corporation requests for the purposes of carrying out its objects.  2011, c. 6, Sched. 1, s. 153 (2). Limit to members (3) This section only applies to members of the Corporation.  2011, c. 6, Sched. 1, s. 153 (3).
154 The following apply to the Corporation: 1.  The Corporation is deemed to be an institution for the purposes of the Municipal Freedom of Information and Protection of Privacy Act. 2.  The Corporation is deemed to be a local board for the purposes of the Ontario Municipal Employees Retirement System Act, 2006, but section 7 of that Act does not apply to the Corporation or its employees.  2011, c. 6, Sched. 1, s. 154. Part X   Miscellaneous Reviews of Certain Decisions
155 (1) A service manager shall have a system for dealing with reviews requested under section 156 or 157.  2011, c. 6, Sched. 1, s. 155 (1). System may be shared (2) The system may be shared with one or more other service managers.  2011, c. 6, Sched. 1, s. 155 (2). Requirements (3) The system must include, (a)  provision for a review body, including rules for the appointment and removal of members and their remuneration; and (b)  procedural rules for the reviews.  2011, c. 6, Sched. 1, s. 155 (3). Prescribed requirements (4) The system must comply with the prescribed requirements.  2011, c. 6, Sched. 1, s. 155 (4).
156 A member of a household may, on behalf of the household, request a review of the following decisions: 1.  A determination, under subsection 45 (1), that the household is not 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), that the household is not 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 61 (1), that the household is not eligible for special needs housing. 7.  A determination, under subsection 63 (1), that the household is not included in a category given priority over other categories. 8.  A determination, under subsection 65 (1), that the household is no longer eligible for special needs housing. 9.  A decision prescribed for the purposes of this paragraph.  2011, c. 6, Sched. 1, s. 156.
157 A housing provider may request a review of a decision of a service manager if the decision is prescribed for the purposes of this section.  2011, c. 6, Sched. 1, s. 157.
158 The following rules apply to a review requested under section 156 or 157: 1.  The review body may substitute its decision for the decision that was reviewed. 2.  The review body shall give its decision in writing and shall give reasons in writing. 3.  The review body shall give notice of its decision and reasons to, i.  the person who requested the review, ii.  the person who made the decision that was reviewed, and iii.  any housing provider that was given notice, under subsection 53 (2) or 66 (2), of the decision that was reviewed. 4.  The Statutory Powers Procedure Act does not apply.  2011, c. 6, Sched. 1, s. 158.
159 (1) The date on which the following are effective shall be determined in accordance with the regulations: 1.  A decision for which a review may be requested under section 156 or 157. 2.  A decision made by the review body conducting a review requested under section 156 or 157.  2011, c. 6, Sched. 1, s. 159 (1). Regulations (2) Without limiting what else the regulations may provide, the regulations may provide for a decision to be effective, (a)  on a date specified by the person or body making the decision; or (b)  as of a date before the decision is made.  2011, c. 6, Sched. 1, s. 159 (2). Restrictions on Dealing with Certain Housing Projects and Land
160 In sections 161 to 165, “develop” includes redevelop; (“aménager”) “mortgage” includes encumbering in any way and includes extending or amending a mortgage or encumbrance; (“hypothéquer”) “transfer” includes transferring or granting an interest, including a leasehold interest. (“transférer”)  2011, c. 6, Sched. 1, s. 160.
161 (1) This section applies with respect to a designated housing project that was transferred under a transfer order made under Part IV of the former Act. 2016, c. 25, Sched. 3, s. 10. Consent required for certain transactions or activities (2) The housing provider may transfer, mortgage or develop the designated housing project or the land where it is located only with the written consent of the service manager in whose service area the designated housing project is located. 2016, c. 25, Sched. 3, s. 10. Clarification of scope (3) For greater certainty, the restrictions under subsection (2) apply to a housing provider even if the housing provider is not the transferee under the transfer order referred to in subsection (1). 2016, c. 25, Sched. 3, s. 10. Prescribed exceptions (4) The following apply with respect to a transaction or activity prescribed for the purposes of this subsection: 1.  Consent is not required under subsection (2) for the transaction or activity. 2.  If a document is to be registered or deposited under the Registry Act or the Land Titles Act in respect of a transaction for which the exemption in paragraph 1 is being relied on, the document must include a statement setting out the reason why consent is not required under subsection (2). 3.  A statement included under paragraph 2 is deemed to be conclusive evidence of the facts stated in it for the purposes of determining whether consent is not required under subsection (2). 2016, c. 25, Sched. 3, s. 10. Transition, statements on title (5) The following apply to a statement setting out the restrictions imposed by section 50 of the former Act included in a document registered or deposited under section 43 of the former Act: 1.  References to the restrictions imposed by section 50 of the former Act are deemed to be references to the restrictions imposed by subsection (2). 2.  A reference to the consent of the Minister is deemed to be a reference to consent required under subsection (2). 2016, c. 25, Sched. 3, s. 10. Statements on title of no force or effect (6) For greater certainty, a statement referred to in subsection (5) that is included in a document registered or deposited under section 43 of the former Act with respect to real property is of no force or effect if the designated housing project included in the real property ceases to be a designated housing project. 2016, c. 25, Sched. 3, s. 10. Section Amendments with date in force (d/m/y) 2016, c. 25, Sched. 3, s. 10 - 01/01/2017
162 (1) This section applies with respect to, (a)  a Part VII housing project as defined in section 73; and (b)  a designated housing project with respect to which a pre-reform operating agreement applies. 2016, c. 25, Sched. 3, s. 11. Consent required for certain transactions (2) The housing provider may transfer or mortgage the housing project or the land where it is located only with the written consent of the service manager in whose service area the housing project is located. 2016, c. 25, Sched. 3, s. 11. Same, Minister (3) For a transfer of the housing project or the land where it is located, the written consent required under subsection (2) shall be the written consent of the Minister if, (a)  a receiver or receiver and manager for the housing provider has been appointed under paragraph 7 of section 85; or (b)  the board of directors of the housing provider includes one or more directors appointed under paragraph 9 of section 85. 2016, c. 25, Sched. 3, s. 11. Prescribed exceptions (4) Consent is not required under subsection (2) for a transaction prescribed for the purposes of this subsection. 2016, c. 25, Sched. 3, s. 11. Transition, statements on title (5) The following apply to a statement setting out the restrictions imposed by section 95 of the former Act included in a document registered or deposited under section 96 of the former Act: 1.  The references to the restrictions imposed by section 95 of the former Act are deemed to be references to the restrictions imposed by subsections (2) and (3). 2.  A reference to the consent of the service manager and the Minister is deemed to be a reference to consent required under subsection (2). 3.  A reference to the exceptions under section 95 of the former Act is deemed to be a reference to the exceptions under subsection (4). 2016, c. 25, Sched. 3, s. 11. Statements on title of no force or effect (6) For greater certainty, a statement referred to in subsection (5) that is included in a document registered or deposited under section 96 of the former Act with respect to a housing project is of no force or effect if the housing project ceases to be a Part VII housing project as defined in section 73. 2016, c. 25, Sched. 3, s. 11. Section Amendments with date in force (d/m/y) 2016, c. 25, Sched. 3, s. 11 - 01/01/2017
163 (1) A service manager shall give the Minister written notice within 10 days of giving a consent under subsection 161 (2) or 162 (2), other than a consent referred to in subsection (2). 2016, c. 25, Sched. 3, s. 12. Notice before consent is given (2) Where a housing project is subject to a mortgage guaranteed by the Province of Ontario, a service manager shall give the Minister written notice at least 45 days before giving a consent under subsection 161 (2) or 162 (2) to transfer the housing project or the land where it is located. 2016, c. 25, Sched. 3, s. 12; 2020, c. 16, Sched. 3, s. 10 (5). Notice, prescribed requirements (3) A notice under subsection (1) or (2) must comply with the prescribed requirements. 2016, c. 25, Sched. 3, s. 12. Waiver of notice or abridgment of time (4) The Minister may, at any time and in writing, (a)  waive the giving of the notice under subsection (2); or (b)  abridge the time for the giving of the notice under subsection (2). 2016, c. 25, Sched. 3, s. 12. Section Amendments with date in force (d/m/y) 2016, c. 25, Sched. 3, s. 12 - 01/01/2017 2020, c. 16, Sched. 3, s. 10 (5) - 31/03/2021
164 The regulations may provide that it shall be the Minister and not a service manager who gives consent under subsection 161 (2) or 162 (2).  2011, c. 6, Sched. 1, s. 164.
165 (1) Anything done in contravention of subsection 161 (2) or 162 (2) or (3) is invalid and of no force or effect. 2016, c. 25, Sched. 3, s. 13. Exception (2) Subsection (1) does not affect an interest acquired by a person in contravention of subsection 161 (2) in a designated housing project or in land where a designated housing project is located if, at the time the interest was acquired, no notice of the restrictions imposed by section 50 of the former Act had been registered or deposited against title to the property under section 43 of the former Act. 2016, c. 25, Sched. 3, s. 13. Conflict with other Acts (3) Subsection (1) prevails over the Land Titles Act or any other Act with which subsection (1) conflicts. 2016, c. 25, Sched. 3, s. 13. Section Amendments with date in force (d/m/y) 2016, c. 25, Sched. 3, s. 13 - 01/01/2017 Restrictions on Certain Corporate Changes
166 (1) This section applies with respect to a housing provider that is a corporation and that operates, (a)  a Part VII housing project as defined in section 73; or (b)  a designated housing project with respect to which a pre-reform operating agreement applies.  2011, c. 6, Sched. 1, s. 166 (1). Amendment of articles (2) A housing provider’s articles or any other document or instrument by which the housing provider was incorporated may not be amended without the consent described in subsection (5).  2011, c. 6, Sched. 1, s. 166 (2). Amalgamation (3) A housing provider shall not amalgamate with another corporation without the consent described in subsection (5).  2011, c. 6, Sched. 1, s. 166 (3). Voluntary wind-up or dissolution (4) A housing provider shall not be voluntarily wound up or dissolved without the consent described in subsection (5).  2011, c. 6, Sched. 1, s. 166 (4). Required consent (5) The consent required under subsection (2), (3) or (4) in relation to a housing provider is the written consent of each service manager whose service area includes a housing project described in subsection (1) that is operated by the housing provider.  2011, c. 6, Sched. 1, s. 166 (5). Prescribed exceptions (6) Consent is not required under subsection (2), (3) or (4) in the circumstances prescribed for the purposes of this subsection.  2011, c. 6, Sched. 1, s. 166 (6). Invalidity if provisions contravened (7) An amendment, amalgamation, winding-up or dissolution carried out in contravention of subsection (2), (3) or (4) is invalid and of no force or effect.  2011, c. 6, Sched. 1, s. 166 (7). Notice (8) A service manager shall give the Minister written notice within 10 days of giving a consent under subsection (2), (3) or (4).  2011, c. 6, Sched. 1, s. 166 (8). Content of notice (9) A notice under subsection (8) must comply with the prescribed requirements.  2011, c. 6, Sched. 1, s. 166 (9). Exemptions for Certain Transfers
167 (1) Subject to such conditions and limitations as may be prescribed, the following do not apply to the transfers described in subsection (2): 1.  The Assignments and Preferences Act. 2.  Revoked: 2017, c. 2, Sched. 3, s. 5 (2). 3.  The Environmental Assessment Act. Note: On a day to be named by proclamation of the Lieutenant Governor, paragraph 3 of subsection 167 (1) of the Act is repealed. (See: 2020, c. 18, Sched. 6, s. 56) 4.  The Fraudulent Conveyances Act. 5.  The Land Transfer Tax Act. 6.  The Retail Sales Tax Act. 7.  Such other Acts or provisions of Acts as may be prescribed for the purposes of this paragraph. 8.  Such regulations or provisions of regulations as may be prescribed for the purposes of this paragraph.  2011, c. 6, Sched. 1, s. 167 (1); 2017, c. 2, Sched. 3, s. 5 (2). Exempt transfers (2) Subsection (1) applies to the following transfers: 1.  A transfer of an asset, liability, right or obligation that was transferred to a local housing corporation by a transfer order under Part IV of the former Act if the transfer is from the local housing corporation to, i.  the related service manager as defined in section 24, ii.  a municipality in the related service manager’s service area, other than a municipality that forms part of the service manager for municipal purposes, or iii.  a non-profit corporation controlled by an entity described in subparagraph i or ii, but only if an object of the non-profit corporation is the provision of housing. 2.  A transfer that is related to housing and that is prescribed for the purposes of this paragraph.  2011, c. 6, Sched. 1, s. 167 (2). Power to prescribe transfers (3) A transfer may be prescribed for the purposes of paragraph 2 of subsection (2) even if the transfer is not a transfer of an asset, liability, right or obligation that was transferred by a transfer order under Part IV of the former Act or if the transfer is not to or from an entity referred to in paragraph 1 of subsection (2).  2011, c. 6, Sched. 1, s. 167 (3). Section Amendments with date in force (d/m/y) 2017, c. 2, Sched. 3, s. 5 (2) - 22/03/2017 2020, c. 18, Sched. 6, s. 56 - not in force 168 Repealed: See Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006. Section Amendments with date in force (d/m/y) See Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2021 Dealing with Information
169 (1) A person providing services with respect to a housing program prescribed for the purposes of this subsection shall comply with the prescribed standards for the collection, use, disclosure and safeguarding of privacy of personal information and for a person’s access to his or her personal information.  2011, c. 6, Sched. 1, s. 169 (1). Exception (2) This section does not apply to an institution under the Freedom of Information and Protection of Privacy Act or the Municipal Freedom of Information and Protection of Privacy Act.  2011, c. 6, Sched. 1, s. 169 (2).
170 (1) If this Act or the regulations authorize the disclosure of information to or from an institution under the Freedom of Information and Protection of Privacy Act or the Municipal Freedom of Information and Protection of Privacy Act, (a)  subsection 39 (2) of the Freedom of Information and Protection of Privacy Act and subsection 29 (2) of the Municipal Freedom of Information and Protection of Privacy Act do not apply to the receiving institution in respect of the information; (b)  the information is deemed to have been disclosed for the purpose of complying with this section; and (c)  the information is deemed to have been obtained or compiled by the receiving institution for a purpose consistent with the purpose for which the information was initially obtained or compiled.  2011, c. 6, Sched. 1, s. 170 (1). Control of record (2) A person does not have control of a record for the purposes of the Freedom of Information and Protection of Privacy Act or the Municipal Freedom of Information and Protection of Privacy Act just because the person is entitled under section 20 or 21, subsection 69 (4) or section 71, 80, 81 or 82 to obtain a copy of a record.  2011, c. 6, Sched. 1, s. 170 (2).
172 (1) A service manager may enter into an agreement with an entity referred to in subsection 171 (1) with respect to the collection, use and disclosure of information.  2011, c. 6, Sched. 1, s. 172 (1). Disclosure of personal information (2) The service manager may disclose personal information collected for the purpose of administering or enforcing this Act and the regulations to a party to an agreement under subsection (1) if, (a)  the disclosure is made in accordance with the agreement; (b)  the party administers, enforces or is conducting research relating to, (i)  a social benefit program, (ii)  a social housing or rent-geared-to-income assistance program, (iii)  the Taxation Act, 2007, the Income Tax Act or the Income Tax Act (Canada), (iv)  the Immigration and Refugee Protection Act (Canada), or (v)  a prescribed Act; and (c)  the party agrees to use the information only for the administration, enforcement or research described in clause (b).  2011, c. 6, Sched. 1, s. 172 (2). Collection of personal information (3) The service manager may collect personal information from a party to an agreement under subsection (1) if the collection is made in accordance with the agreement.  2011, c. 6, Sched. 1, s. 172 (3).
173 (1) This section applies to an agreement under section 171 or 172.  2011, c. 6, Sched. 1, s. 173 (1). Protection of information (2) In relation to the personal information collected, used or disclosed under it, an agreement must, (a)  provide that the information is confidential; (b)  establish mechanisms for maintaining the confidentiality and security of the information; and (c)  include a plan for the disposition of the information.  2011, c. 6, Sched. 1, s. 173 (2). Names of individuals (3) Information disclosed under an agreement shall not include the names of individuals unless information about identifiable individuals is necessary for the purposes of the agreement.  2011, c. 6, Sched. 1, s. 173 (3). Accuracy of information (4) The Minister or service manager shall take reasonable measures to seek assurances that information collected under the agreement is accurate and current.  2011, c. 6, Sched. 1, s. 173 (4).
174 (1) The Minister, the Housing Services Corporation, each service manager, each delegate under section 17, each housing provider and each person or organization providing services by contract to any of them may share personal information with each other or with the other persons specified in subsection (2) if, (a)  the personal information was collected under this Act, the Ontario Works Act, 1997, the Ontario Disability Support Program Act, 1997, the Child Care and Early Years Act, 2014 or the Day Nurseries Act; and (b)  the information is necessary for the purposes of making decisions or verifying eligibility for assistance under this Act or the other Acts referred to in clause (a). 2011, c. 6, Sched. 1, s. 174 (1); 2014, c. 11, Sched. 6, s. 4 (1); 2020, c. 16, Sched. 3, s. 10 (6). Other persons with whom information may be shared (2) The following are the other persons referred to in subsection (1): 1.  The Director appointed under the Ontario Disability Support Program Act, 1997 and any person exercising the Director’s powers and duties under section 37 or 39 of that Act. 2.  The Director appointed under the Ontario Works Act, 1997 and any person exercising the Director’s powers and duties under section 47 of that Act. 3.  A director appointed under the Child Care and Early Years Act, 2014. 2011, c. 6, Sched. 1, s. 174 (2); 2014, c. 11, Sched. 6, s. 4 (2). Section Amendments with date in force (d/m/y) 2014, c. 11, Sched. 6, s. 4 (1, 2) - 31/08/2015 2020, c. 16, Sched. 3, s. 10 (6) - 31/03/2021
175 The prescribed types of personal information shall not be disclosed or shared under section 171, 172 or 174 except in accordance with the regulations.  2011, c. 6, Sched. 1, s. 175.
176 When a service manager or special needs housing administrator as defined in section 38 collects personal information from a household in the course of performing its duties under this Act, it shall, (a)  notify the household that information provided by the household may be shared, (i)  as necessary for the purposes of making decisions or verifying eligibility for assistance under this Act, the
Ontario Works Act, 1997, the Ontario Disability Support Program Act, 1997 or the Child Care and Early Years Act, 2014, or (ii)  as authorized by an agreement made under section 171 or 172; and (b)  notify the household of the name, business address and business telephone number of a person who can answer questions and respond to complaints about the collection, use or disclosure of the information. 2011, c. 6, Sched. 1, s. 176; 2014, c. 11, Sched. 6, s. 4 (3). Section Amendments with date in force (d/m/y) 2014, c. 11, Sched. 6, s. 4 (3) - 31/08/2015 Provincial Refinancing System for Housing Providers
177 No cause of action arises against the Crown in right of Ontario or an agent of the Crown in right of Ontario as a direct or indirect result of a change to, or discontinuance of, the system or process established by the Minister before this section came into force for renewing or replacing mortgage financing for housing providers.  2011, c. 6, Sched. 1, s. 177. Transfer Orders
178 (1) For greater certainty, the repeal of the former Act does not affect any transfer made by a transfer order made under Part IV of the former Act.  2011, c. 6, Sched. 1, s. 178 (1). Restrictions cease (2) A restriction contained in a transfer order under section 35 of the former Act ceases to be of any effect upon the repeal of the former Act.  2011, c. 6, Sched. 1, s. 178 (2).
179 (1) During the two-year period following the repeal of the former Act, a transfer order may be made or amended under Part IV of the former Act as though that Part, other than section 35, was still in force.  2011, c. 6, Sched. 1, s. 179 (1). Application of former Act (2) For the purposes of a transfer order or amendment made under subsection (1), (a)  Part IV of the former Act, other than section 50 and subsections 61 (2) and (3), is deemed to remain in force during the two-year period following the repeal of the former Act; and (b)  the reference to section 50 in subparagraph 2 vi of subsection 43 (1) of the former Act, as it applies under clause (a), is deemed to be a reference to section 161 of this Act.  2011, c. 6, Sched. 1, s. 179 (2). Conflicts with Other Acts, etc.
180 In the event of a conflict between this Act and another Act or a regulation made under another Act, this Act prevails except where otherwise provided in this Act.  2011, c. 6, Sched. 1, s. 180. Regulations
181 (1) The Lieutenant Governor in Council may make regulations, (a)  prescribing or otherwise providing for anything required or permitted under this Act, other than the provisions referred to in clause 182 (a), to be prescribed or otherwise provided for in the regulations, including governing anything required or permitted to be done in accordance with the regulations; (b)  exempting any person, premises or thing, any combination of any of them or any class of any of them from any provision of this Act or the regulations, and prescribing conditions or restrictions that apply in respect of an exemption; (c)  providing for such transitional matters as the Lieutenant Governor in Council considers necessary or advisable in connection with the implementation of this Act or the regulations.  2011, c. 6, Sched. 1, s. 181 (1). Transition regulations (2) A regulation made under clause (1) (c), (a)  may provide that, despite the proclamation of this Act or a provision of this Act, this Act or the provision does not take effect in all or part of the province until the date specified in the regulation; (b)  may provide that the former Act or a provision of the former Act continues to apply, for a specified period of time and with necessary modifications, to specified things or in specified circumstances; (c)  may specify that, for a specified period of time, a person is entitled to exercise the powers or required to perform the duties of another person under this or any other Act instead of the person otherwise entitled or required to do so and providing that actions by the person who exercises those powers or performs those duties are deemed, for the purposes of the applicable Act, to be the actions of the person otherwise entitled to exercise the powers or required to perform the duties under that Act.  2011, c. 6, Sched. 1, s. 181 (2).