jswizzle3737/ontario_laws_and_regs huggingface dataset:
Application
1. This Regulation applies as follows: 1. To every housing provider in respect of a transferred housing project referred to in section 92 of the Act that is subject to Part VI of the Act, commencing on the date set out in Table 1 opposite the housing project. 2. To a local housing corporation in the manner required by section 32 of the Act and Part IX in respect of a housing project, commencing on the first day this Regulation applies to a housing provider in respect of a housing project in the service area in which the local housing corporation is located. O. Reg. 339/01, s. 1; O. Reg. 408/01, s. 1; O. Reg. 341/04, s. 1.
Interpretation
2. (1) In this Regulation, “centralized waiting list” means the waiting list established under section 35 of Ontario Regulation 298/01; (“liste d’attente centralisée”) “eligible capital expenditure” means an expenditure made by a housing provider on the capital account for the construction, renovation or repair of a housing project and includes reasonable expenditures incurred by the housing provider in planning and budgeting for those expenditures; (“dépense en immobilisations admissible”) “internal transfer” means, in respect of a household residing in a housing project of a housing provider, (a) the transfer of the household from one rent-geared-to-income unit to another rent-geared-to-income unit in the same or another housing project of the housing provider, or (b) the transfer of the household from one special needs housing to another special needs housing in the same or another housing project of the housing provider; (“transfert interne”) “mandate” means, in respect of a housing provider, its mandate established under section 99 of the Act; (“mandat”) “rent” means, (a) in relation to a unit of a non-profit housing co-operative that is occupied by a member of the co-operative, housing charges as defined in the Co-operative Corporations Act, other than the sector support levy, if any, and initial membership fees, or (b) in all other cases, rent as defined in the Residential Tenancies Act, 2006; (“loyer”) “subsidiary waiting list” means, in respect of a housing project, the subsidiary waiting list for the housing project referred to in section 36 of Ontario Regulation 298/01; (“liste d’attente subsidiaire”) “targeting plan” means, in respect of a housing provider, its targeting plan established under section 98 of the Act. (“plan de ciblage”) O. Reg. 339/01, s. 2 (1); O. Reg. 557/05, s. 1; O. Reg. 310/07, s. 1. (2) Unless otherwise indicated by the context, a reference in this Regulation to a service manager, in relation to a housing provider or housing project, means the service manager for the service area in which the housing provider’s housing project is located. O. Reg. 339/01, s. 2 (2). PART II   CORPORATE GOVERNANCE
Corporate requirements 
3. (1) Every housing provider shall ensure that it is a non-profit corporation or a non-profit co-operative corporation in good standing under one of the following statutes by the end of six months after its operating agreement is terminated under section 91 of the Act and shall ensure that it continues to be in good standing as long as it is subject to Part VI of the Act. 1. Business Corporations Act. 2. Corporations Act. 3. Co-operative Corporations Act. 4. Canada Business Corporations Act. O. Reg. 339/01, s. 3 (1). (2) A housing provider shall continue to do the following: 1. Provide rent-geared-to-income housing or special needs housing as part of its regular activities. 2. Operate only as a charity registered under the Income Tax Act (Canada) or as a non-profit corporation exempt from tax under Part I of that Act. O. Reg. 339/01, s. 3 (2). (3) A housing provider shall not amend its articles, amalgamate with another corporation or take action to voluntarily wind-up or dissolve the corporation without the prior written consent of the service managers for all service areas in which its housing projects are located. O. Reg. 339/01, s. 3 (3). (4) Despite subsection (3), a housing provider’s articles must require that upon the winding-up or dissolution of the corporation, all of its assets, after discharging all outstanding liabilities, must be distributed to one or more of the following entities: 1. A registered charity, within the meaning of the Income Tax Act (Canada), that operates only in Canada. 2. Another housing provider under the Act. 3. A service manager or municipality within the service area of the service manager where the housing provider is located. O. Reg. 339/01, s. 3 (4); O. Reg. 86/02, s. 1. (5) The board of directors of a housing provider shall meet at least four times each year. O. Reg. 339/01, s. 3 (5).
Replacement of conflict of interest rules
5. The conflict of interest provisions set out in section 4 may be replaced for a housing provider by rules agreed to by the housing provider and the service managers for all areas in which its housing projects are located, in accordance with subsection 93 (3) of the Act. O. Reg. 339/01, s. 5.
Expenses and remuneration, directors
6. (1) A housing provider shall not pay remuneration to a director other than amounts to reimburse the director for reasonable expenses incurred in the performance of the director’s duties as a director. O. Reg. 339/01, s. 6 (1). (2) A housing provider may employ a director if, (a) the director resides in the housing provider’s housing project and is employed by the housing provider on a part-time or temporary basis; or (b) the director does not reside in the housing provider’s housing project and is employed by the housing provider to carry out functions of a non-supervisory and non-managerial nature and the housing provider has, (i) five or fewer directors and no other director is employed by the housing provider to carry out the same functions, or (ii) more than five directors and not more than one-fifth of the directors are employed by the housing provider to carry out the same functions. O. Reg. 339/01, s. 6 (2). (3) Despite subsection (1), a housing provider may pay reasonable remuneration to a director employed in accordance with subsection (2) in respect of his or her employment functions. O. Reg. 339/01, s. 6 (3). PART III   OPERATION OF HOUSING PROJECTS
Management of housing project 
7. (1) A housing provider shall ensure that its housing projects are well managed, are maintained in a satisfactory state of repair and are fit for occupancy. O. Reg. 339/01, s. 7 (1). (2) Subject to the provisions of any mortgage guaranteed by the Province of Ontario or the Ontario Housing Corporation to which the housing project is subject, a housing provider shall proceed diligently to repair, restore and make habitable any unit in a housing project that is damaged to such an extent that it is uninhabitable. O. Reg. 339/01, s. 7 (2).
Property management
8. (1) Subject to subsection (4), a housing provider shall establish and follow open and competitive practices in hiring its employees, subject to the provisions of any collective bargaining agreement to which the housing provider is a party, and in retaining persons to provide property management services for its housing projects. O. Reg. 339/01, s. 8 (1). (2) A contract for property management services for a housing project must be in writing and must satisfy the following requirements: 1. The term of the contract must not exceed three years. 2. The contract must not be renewable. 3. The contract must be capable of termination by the housing provider on 60 days written notice any time during the term of the contract and on 30 days written notice if the termination is for breach of the contract, unless the parties to the contract agree to shorter notice periods. 4. The contract must specifically identify and describe the nature of the goods and services provided under the contract and the consideration to be paid by the housing provider. 5. The contract must be non-assignable. O. Reg. 339/01, s. 8 (2). (3) Every corporation providing management services for a housing project shall give notice to the housing provider of the housing project of any change in control of the corporation. O. Reg. 339/01, s. 8 (3). (4) A housing provider is not required to follow open and competitive practices in retaining persons to provide property management services if the service manager is satisfied that open and competitive practices are not appropriate in the circumstances in order for the housing provider to obtain a reasonable level of property management services at a reasonable cost. O. Reg. 339/01, s. 8 (4). PART IV   SELECTION OF HOUSEHOLDS FOR UNITS
Provision of information to the public
9. (1) Every housing provider shall make the following information concerning a housing project available to the public: 1. The information provided under section 60 of Ontario Regulation 298/01 to the housing provider by the service manager. 2. Information concerning the types and sizes of units in its housing project. 3. The housing provider’s policies and procedures for internal transfers. 4. The housing provider’s procedures for internal reviews under section 20. O. Reg. 339/01, s. 9 (1). (2) A housing provider shall allow members of the public to make copies of the information at their own expense. O. Reg. 339/01, s. 9 (2).
Before centralized waiting list established
10. (1) Until a centralized waiting list is established, a housing provider shall continue to select households for placement in vacant units in accordance with the Ministry of Municipal Affairs and Housing Directive 97-17 dated July 4, 1997 — Implementing a Modified Chronological Resident Selection System. O. Reg. 339/01, s. 10 (1). (2) For the purposes of subsection (1), the directive mentioned in that subsection shall be read without reference to the portion entitled Changes to Portfolio Targets. O. Reg. 339/01, s. 10 (2).
Internal transfers
11. (1) Every housing provider shall do the following in respect of its housing projects in a service area: 1. Establish policies and procedures for internal transfers and provide a copy of them to the service manager. 2. Establish and maintain a waiting list for internal transfers in accordance with its policies and procedures for internal transfers. O. Reg. 339/01, s. 11 (1). (2) A housing provider’s policies and procedures for internal transfers in housing projects in a service area must include the following requirements: 1. That the waiting list for internal transfers include all special priority households that the service manager determines, under section 25 of Ontario Regulation 298/01 (Rent-Geared-to-Income Assistance and Special Needs Housing) made under the Act, are to be included in the special priority household category. 2. That the waiting list for internal transfers include all households to which the service manager is required to give notice under subsection 32 (2) of Ontario Regulation 298/01 if the housing provider has at least one unit of a size within the range for which the household is eligible to receive rent-geared-to-income assistance. 3. That the housing provider notify the service manager when a household that has been placed on the waiting list for internal transfers under paragraph 2 has refused an offer of a unit. 4. That households described in paragraph 1 rank higher in priority on the waiting list for internal transfers than households described in paragraph 2 and higher than households not described in paragraph 2 that are eligible to be included on the waiting list for internal transfer. 5. That special priority households that also meet the requirements of paragraph 2 rank higher in priority on the waiting list for internal transfers than households described in paragraph 2. 6. That a special priority household ranks higher on the waiting list for internal transfers than another special priority household with a later special priority ranking date. 7. That the special priority ranking date is the date the household requested to be included in the special priority household category on the waiting list for internal transfers. 8. That a service manager shall remove a household from the waiting list for internal transfers if the household has been placed on the centralized waiting list under paragraph 2 or 3 of section 33 of Ontario Regulation 298/01 and has requested to be removed from the internal transfer list. O. Reg. 310/07, s. 2.
Internal transfers
11.1, 11.2 Revoked: O. Reg. 310/07, s. 3.
Waiting lists, rent-geared-to-income units
12. (1) After a centralized waiting list is established by a service manager under section 35 of Ontario Regulation 298/01, a housing provider in the service area of the service manager shall not establish or maintain a waiting list of households eligible for rent-geared-to-income assistance other than the following: 1. A waiting list for internal transfers established and maintained in accordance with section 11. 2. A waiting list for special needs housing established and maintained in accordance with section 13. O. Reg. 86/02, s. 3. (2) A housing provider shall refer all households wishing to receive rent-geared-to-income assistance to the service manager. O. Reg. 86/02, s. 3.
Duty to provide information
12.1 It is the duty of a service manager, supportive housing provider or lead agency to provide to a household applying for special needs housing a copy of the information described in paragraphs 4, 4.1, 5, 6, 8, 9, 9.1, 9.2, 10, 18, 19 and 20 of subsection 60 (1) of Ontario Regulation 298/01 (Rent-Geared-to-Income and Special Needs Housing) made under the Act. O. Reg. 557/05, s. 3.
Waiting list, special needs housing
13. (1) Unless the waiting list for special needs housing for a service area is established and maintained by the service manager or a lead agency, a supportive housing provider shall, (a) adopt policies and procedures consistent with section 45 of Ontario Regulation 298/01, the housing provider’s mandate and its targeting plan for the establishment and maintenance of a waiting list for households who require the type of special needs housing available in its housing project; (b) provide, within six months after the termination of its operating agreement, a copy of the policies and procedures described in clause (a) in written or electronic format to the service manager; and (c) accept applications for special needs housing from households who require the type of special needs housing available in the housing project. O. Reg. 339/01, s. 13 (1). (2) A housing provider shall not impose a charge for accepting or processing an application for special needs housing. O. Reg. 339/01, s. 13 (2).
Selection of households
14. (1) Subject to sections 15 and 16, a housing provider shall select a household for placement in a vacant unit in its housing project in accordance with the rules set out in this section. O. Reg. 339/01, s. 14 (1). (2) The vacant unit is considered to be a rent-geared-to-income unit if, (a) no targeting plan has been established for the housing project in which the unit is located; or (b) the unit must be a rent-geared-to-income unit in order to satisfy the requirements of the targeting plan established for the housing project in which the unit is located. O. Reg. 339/01, s. 14 (2). (3) The following rules apply with respect to rent-geared-to-income units, other than special needs housing: 1. The housing provider shall offer the unit to households on the housing provider’s waiting list for internal transfers as referred to in paragraphs 1.1 and 2 of subsection 11 (2) of this Regulation that are eligible for the unit under Part V of Ontario Regulation 298/01 (Rent-Geared-to-Income and Special Needs Housing) made under the Act, starting with the highest ranked household and continuing in the order in which the households are ranked on that list until an offer is accepted. 2. If no household on the housing provider’s waiting list for internal transfers as referred to in paragraphs 1.1 and 2 of subsection 11 (2) is eligible for the unit or accepts the unit, the housing provider shall offer the unit, in each case starting with the highest ranked household on the list, i. to a household on the waiting list for internal transfers, or ii. to a household on the centralized waiting list. O. Reg. 339/01, s. 14 (3); O. Reg. 557/05, s. 4.
Households referred to in s. 35.1 of O. Reg. 298/01
14.1 The housing provider shall select as a rent-geared-to-income unit the unit occupied by the highest ranked household on the subsidiary waiting list for the housing project that is a household referred to in section 35.1 of Ontario Regulation 298/01 (Rent-Geared-to-Income and Special Needs Housing) made under the Act, if the following circumstances apply:  1. The number of households in the project that are receiving rent-geared-to-income assistance is less than the minimum number of rent-geared-to-income units specified in the targeting plan for the project. 2. The service manager agrees to the selection. O. Reg. 557/05, s. 5.
Alternative housing provider
15. (1) The rules set out in section 14, as they apply to alternative housing units, may be replaced in accordance with subsection 93 (3) of the Act with rules agreed to by the alternative housing provider and the service manager. O. Reg. 339/01, s. 15 (1). (2) In this section, “alternative housing provider” means a housing provider that has a mandate to provide housing to households that are homeless or hard to house; (“fournisseur de logements aux ménages non conventionnels”) “alternative housing unit” means a rent-geared-to-income unit of an alternative housing provider that is made available to households that are homeless or hard to house. (“logement pour ménages non conventionnels”) O. Reg. 339/01, s. 15 (2).
Notice of decision
17. (1) If a housing provider offers a unit to a household, other than a household on the housing provider’s waiting list for internal transfers, the housing provider shall give the service manager notice in writing of the household’s decision to accept or refuse the unit. O. Reg. 339/01, s. 17 (1). (2) A notice under subsection (1) must be given within 10 days after the household advises the housing provider of the household’s acceptance or refusal and must include the following information: 1. The name and address of the housing provider. 2. The name and address of the housing project and sufficient information to identify the unit. 3. The name of the members of the household and sufficient information to enable the service manager to identify the members of the household who will reside in the unit or who would have resided in the unit if the household had not refused the unit. O. Reg. 339/01, s. 17 (2).
Refusal to offer
18. (1) Despite sections 14 and 16 and any rules referred to in section 15, a housing provider may refuse to offer a unit to a household if,  (a) selection of the household would be contrary to its mandate; (b) the housing provider has reasonable grounds to believe, based on the household’s rental history, that the household may fail to fulfil the obligation to pay rent for the unit in the amount and at the times it is due; (c) the household does not agree to accept its responsibilities as a member of the housing provider, if the housing provider is a non-profit housing co-operative, or the housing provider has reasonable grounds to believe that the household will not accept or will be unable to accept those responsibilities; (d) in the case of a unit in which individuals will reside in a shared living situation, the housing provider has reasonable grounds to believe that it is unreasonable for the household to reside in the shared accommodation; (e) the housing provider has reasonable grounds to believe that the unit is not suitable for the household due to the physical characteristics of the unit in relation to the number, gender and ages of the members of the household; or (f) in the case of special needs housing, the level of service required by the household is significantly greater or significantly less than the level of service provided to a household in the unit. O. Reg. 339/01, s. 18 (1). (2) Despite sections 14 and 16 and any rules referred to in section 15, a housing provider shall refuse to offer special needs housing to a household if the household is not eligible under section 19 of Ontario Regulation 298/01 for special needs housing. O. Reg. 339/01, s. 18 (2). (3) A housing provider who refuses to offer a unit to a household under subsection (1) or (2) shall notify the household of the refusal. O. Reg. 339/01, s. 18 (3). (3.1) In the case of a non-profit housing co-operative, if there is a committee of the board of directors of the co-operative responsible for membership selection, the members of the committee shall be deemed to be the individuals who participated in the decision to refuse to offer a unit. O. Reg. 557/05, s. 6 (1). (4) The following rules apply in respect of a notice under subsection (3): 1. The notice must be in writing and given to the household not more than 10 days after the housing provider offers the unit to another household, or within such longer time frame as may be determined by the housing provider. 2. The notice must contain the reasons for the housing provider’s refusal to offer the unit to the household and set out the facts on which the housing provider relied in making its decision. 3. The notice must set out the procedures established by the housing provider under section 20 for the internal review of the housing provider’s refusal to offer the unit to the household. O. Reg. 339/01, s. 18 (4); O. Reg. 557/05, s. 6 (2).
Record of refusal to offer
19. (1) If a housing provider refuses to offer a unit to a household under section 18, the housing provider shall maintain a written record of its decision, including a copy of the notice given to the household under that section and the information used by the housing provider in making its decision to refuse to offer the unit to the household, for a period of at least seven years after the day the notice of the decision is given to the household. O. Reg. 339/01, s. 19 (1). (2) The service manager may review the written record described in subsection (1) on reasonable notice and within normal business hours at any time within the time period described in subsection (1). O. Reg. 339/01, s. 19 (2).
Internal review of refusal
20. (1) A housing provider shall establish procedures for the internal review of a refusal to offer a unit to a household. O. Reg. 339/01, s. 20 (1). (2) The procedures established under subsection (1) must include the following: 1. An internal review must be carried out if a written request for the review from the household is given to the housing provider within 10 business days after the housing provider gives a notice of refusal to the household under section 18 or within such longer time frame as may be determined by the housing provider. 2. The household may withdraw the request for internal review by giving written notice of the withdrawal to the housing provider before the review is completed. 3. An individual who participated in the making of the decision to refuse to offer the unit to the household shall not participate in an internal review of that decision. 3.1 After receipt of a request for a review of a decision, the housing provider shall disclose the information that led to the decision to the person who made the request. 4. The internal review must be completed within 10 business days after the request for the review is received by the housing provider or within such longer time frame as may be determined by the housing provider. 5. The housing provider shall give written notice of the result of the internal review to the household within five business days after the review is completed or within such longer time frame as may be determined by the housing provider. O. Reg. 339/01, s. 20 (2); O. Reg. 557/05, s. 7; O. Reg. 310/07, s. 4. (3) In this section, “business day” means a day from Monday to Friday, other than a holiday. O. Reg. 339/01, s. 20 (3). PART V   LEASES AND OCCUPANCY AGREEMENTS
Requirements
21. (1) Every housing provider and every household that rents or occupies a rent-geared-to-income unit in the housing provider’s housing project shall enter into a lease or, in the case of a co-operative housing unit, an occupancy agreement that meets the following requirements: 1. In the case of a lease, the term of the lease must not exceed one year. 2. The lease or agreement must specify the amount of rent that would be payable if the unit were a market unit, the amount of geared-to-income rent payable for one month by the household as determined by the service manager, and all other charges that the housing provider may impose under this Regulation or the Residential Tenancies Act, 2006. 3. The lease or agreement must, i. restrict the occupancy of the unit to the members of the household at the time the lease or agreement is entered into and any additional persons whose occupation of the unit is agreed to subsequently by the housing provider, ii. require the household to advise the housing provider of any persons who cease to occupy the unit or commence to occupy the unit after the lease or agreement is executed, and iii. prohibit the assignment of the lease or the agreement, as the case may be, and prohibit the household from renting or subletting the unit to any person. 4. The lease or agreement must provide that the amount of the geared-to-income rent payable by the household for the unit is subject to change if the household’s financial circumstances change to such an extent that the service manager determines that the amount of the geared-to-income rent payable by the household should change or that the household is no longer eligible for rent-geared-to-income assistance. 5. The lease or agreement must be executed by every individual, i. whose income is taken into consideration in determining the amount of rent payable by the household, or ii. who is a member of the household and at least 16 years of age, if the service manager so requires. O. Reg. 339/01, s. 21 (1); O. Reg. 453/01, s. 1; O. Reg. 181/02, s. 4; O. Reg. 557/05, s. 8; O. Reg. 310/07, s. 5. (2) A housing provider shall ensure that the household residing in a rent-geared-to-income unit complies with the requirements described in paragraph 3 of subsection (1). O. Reg. 339/01, s. 21 (2). (3) A housing provider shall establish rules for the temporary accommodation of guests in its rent-geared-to-income units and shall provide a copy of the rules in either written or electronic format to the service manager and to the households residing in those units. O. Reg. 339/01, s. 21 (3).
Rent
22. (1) The amount of rent payable by a household for a rent-geared-to-income unit is the amount determined under the rules prescribed under Part V of the Act. O. Reg. 339/01, s. 22 (1). (2) A housing provider may impose only fees or charges other than rent that are not prohibited by the Residential Tenancies Act, 2006 in respect of a unit that is subject to that Act. O. Reg. 339/01, s. 22 (2); O. Reg. 310/07, s. 6 (1). (3) A housing provider that is a non-profit housing co-operative may impose on a member of the co-operative only the following fees and charges in respect of a unit in addition to occupancy charges: 1. Any fee or charge that would be permitted under the Residential Tenancies Act, 2006 if the unit were a rental unit. 2. The initial fee for membership in the housing provider. 3. The annual amount for the sector support levy. 4. Any reasonable charges established by the members of a co-operative in a by-law for the enforcement of co-operative policies and by-laws. O. Reg. 339/01, s. 22 (3); O. Reg. 557/05, s. 9; O. Reg. 310/07, s. 6 (2). (4) A housing provider shall not refuse to give vacant possession of a rent-geared-to-income unit to a household that is unable to pay part or all of an amount that is required to be paid at the time that it enters into the written lease or occupancy agreement for the unit, other than rent or occupancy charges, if the household agrees to make payments on account of the unpaid amount in accordance with a reasonable payment schedule acceptable to the housing provider. O. Reg. 339/01, s. 22 (4). (5) Unpaid amounts referred to in subsection (4) that are not paid in accordance with the payment schedule are deemed to be rent payable for the unit. O. Reg. 339/01, s. 22 (5). (6) A housing provider shall give notice of a rent increase to a household in the following manner if the rent increase is required for a reason other than a change in the household’s financial circumstances: 1. If the housing provider is subject to the Residential Tenancies Act, 2006, the housing provider shall give a notice of rent increase in accordance with that Act. 2. If the housing provider is not subject to the Residential Tenancies Act, 2006, the housing provider shall give the household a written notice of the rent increase at least 60 days before the day the increase comes into effect. O. Reg. 408/01, s. 2; O. Reg. 310/07, s. 6 (3, 4).
Occupancy standards
23. The housing provider shall comply with the occupancy standards applicable to its units, as prescribed in Part V of Ontario Regulation 298/01. O. Reg. 339/01, s. 23. PART VI   CAPITAL RESERVE
Investments
25. (1) Subject to section 26, a housing provider shall maintain its capital reserve only in the following types of property: 1. Debt obligations that are fully guaranteed by a financial institution. 2. Debt obligations that are fully secured by deposits with a financial institution. 3. Debt obligations that are fully secured by other debt obligations that are fully guaranteed by a financial institution. 4. Debt obligations issued by the Government of Canada, the government of a province or territory of Canada, a municipality or an agency of such a government or municipality. 5. Debt obligations that are guaranteed by, or fully secured by securities issued by, the Government of Canada, the government of a province or territory of Canada, a municipality or an agency of such a government or municipality. 6. Interests in Canadian dollar money market mutual funds sold by a financial institution with no front-end or back-end sales charges. O. Reg. 339/01, s. 25 (1). (2) Investments made in a housing provider’s capital reserve must mature no later than one year after acquisition or must be marketable or capable of redemption no later than one year after acquisition. O. Reg. 339/01, s. 25 (2). (3) If, before the operating agreement for an eligible housing provider is terminated under section 91 of the Act, the Minister has approved a proposal in respect of the investment of funds in the housing provider’s capital reserve, the housing provider may continue to invest the funds in its capital reserve in accordance with the proposal. O. Reg. 339/01, s. 25 (3). (4) In this section, “eligible housing provider” means the Toronto Housing Company Inc., the Peel Non-Profit Housing Corporation or the City of Ottawa Non-Profit Housing Corporation, and any of their successors; (“fournisseur de logements admissible”) “financial institution” means, (a) a bank, (b) a corporation registered under the Insurance Act or the Investment Contracts Act, (c) a corporation registered under the Loan and Trust Corporations Act, (d) an entity that is, (i) incorporated or formed by or under an Act of the Parliament of Canada or of the legislature of a province, and (ii) primarily engaged in dealing in securities, including portfolio management and investment counselling, or (e) a credit union. (“institution financière”) O. Reg. 339/01, s. 25 (4); O. Reg. 310/07, s. 8.
Exception, investments
26. The following rules apply to a housing provider prescribed for the purposes of clause 142 (1) (c) of the Act, not including any eligible housing providers within the meaning of section 25: 1. Section 25 does not apply in respect of the housing provider’s capital reserve. 2. The housing provider shall participate in a system for pooling capital reserves for investment purposes and shall follow such investment policies referred to in that clause as may be established by the Social Housing Services Corporation. O. Reg. 339/01, s. 26; O. Reg. 310/07, s. 9. PART VII   SUBSIDIES
Definitions
27. In this Part, “class” means, in respect of units in a housing project, a class that includes only townhouses or apartments of a specific size; (“catégorie”) “transfer date” means, in respect of a housing provider’s housing projects in a service area, the day on which this Regulation first applies to those housing projects. (“date de transfert”) O. Reg. 339/01, s. 27.
Definitions
28., 29 Revoked: O. Reg. 535/07, s. 1.
Revenue and operating costs
30. (1) For the purposes of subsection 33.10 (2) of this Regulation and subsection 103 (11) of the Act, the revenue of a housing provider for a fiscal year with respect to its housing projects in a service area is the total of the following types of revenue earned by the housing provider in the fiscal year in respect of the housing projects and units in the housing projects: 1. Revenue derived from the parts of the housing projects allocated to residential accommodation. 2. Revenue related to the parts of the housing projects allocated for use by residents of the housing projects including revenue derived from the use of meeting rooms, recreational facilities, laundry facilities, parking areas, exterior grounds, external building walls and roofs. O. Reg. 339/01, s. 30 (1); O Reg. 535/07, s. 2 (1). (2) For the purposes of subsection 33.10 (2) of this Regulation and subsection 103 (11) of the Act, a housing provider’s operating costs for a fiscal year from its housing projects in a service area equal the total amount of the following expenses, allowances and contributions of the housing provider for the year that are reasonably applicable to the portions of those housing projects used for residential accommodation and ancillary functions, as determined in accordance with generally accepted accounting principles as they apply to social housing: 1. Salaries, wages and employment benefits. 2. Maintenance expenses. 3. Utility costs, including electricity, fuel, water and sewer charges. 4. Administration expenses. 5. Insurance premiums. 6. Bad debt expenses. 7. Contributions to the housing provider’s capital reserve. O. Reg. 339/01, s. 30 (2); O. Reg. 535/07, s. 2 (2). (3) For the purposes of this section, gifts and donations made to a housing provider are not considered to be revenue of the housing provider. O. Reg. 339/01, s. 30 (3).
Benchmark amounts
31. (1) For the purposes Part VI of the Act, the Minister shall determine a housing provider’s benchmark revenue and benchmark costs for its housing projects in a service area based on an analysis of historical data from comparable housing projects operated under comparable market conditions. O. Reg. 339/01, s. 31 (1). (2) The Minister shall determine a housing provider’s benchmark market rent for each unit in a housing project based on an analysis of historical data from comparable units in comparable housing projects operated under comparable market conditions. O. Reg. 339/01, s. 31 (2).
Section 106 housing providers
32. Housing projects located in the service area of a service manager listed in Column 1 of Table 3 and managed by the housing provider listed in Column 2 of the Table opposite the service manager are prescribed for the purposes of section 106 of the Act. O. Reg. 29/09, s. 1.
Section 106 housing providers
32.1, 33. Revoked: O. Reg. 535/07, s. 3.
Change in economic conditions — Table 2 service areas
33.1 (1) For a fiscal year commencing on or after January 1, 2008, sections 33.2 to 33.10 apply to a housing provider in respect of its housing projects located in a service area listed in Column 1 of Table 2. O. Reg. 535/07, s. 4. (2) Despite subsection (1), sections 33.2 to 33.10 do not apply to any housing provider in respect of housing projects described in subsection 33.11 (1). O. Reg. 535/07, s. 4. (3) The requirements set out in sections 33.2 to 33.10 are prescribed under section 110 of the Act as requirements altering the formula for calculating the subsidy payable to a housing provider in respect of its housing projects described in subsection (1). O. Reg. 535/07, s. 4. (4) All amounts that are not whole numbers that are used in calculations under sections 33.2 to 33.10 or that result from calculations under those sections must be rounded to two decimal places, unless otherwise indicated. O. Reg. 535/07, s. 4.
Total subsidy
33.2 For the purpose of calculating the amount of a housing provider’s total subsidy for a fiscal year in respect of its housing projects in the service area, the definition of “A” in the formula set out in subsection 103 (2) of the Act is not the definition in that subsection but is as follows: “A” is the amount of the provider’s operating subsidy for the fiscal year in respect of its housing projects in the service area; O. Reg. 535/07, s. 4.
Operating subsidy
33.3 (1) The amount of a housing provider’s operating subsidy for a fiscal year in respect of its housing projects in the service area is the amount determined using the formula, E + F – G in which, “E” is the amount of the provider’s indexed benchmark operating costs for the fiscal year in respect of its housing projects in the service area, “F” is the amount of the provider’s shelter mortgage costs for the fiscal year in respect of its housing projects in the service area, and “G” is the amount of the provider’s indexed benchmark revenue for the fiscal year in respect of its housing projects in the service area. O. Reg. 535/07, s. 4. (2) An amount determined under subsection (1) may be a positive or negative number or zero. O. Reg. 535/07, s. 4.
Shelter mortgage costs
33.5 The amount of a housing provider’s shelter mortgage costs for a fiscal year in respect of its housing projects in the service area is the total amount of principal and interest payable by the provider for the fiscal year, where such payments are,  (a) payable under mortgages guaranteed by the Province of Ontario or the Ontario Mortgage and Housing Corporation in respect of those projects; and (b) applicable to the portions of those housing projects that, (i) are used for residential accommodation and ancillary functions, including meeting rooms, recreational facilities, laundry facilities, parking areas and exterior grounds, and (ii) have been approved by the service manager as being part of the shelter component of its housing projects. O. Reg. 535/07, s. 4.
Market rent index
33.7 (1) The market rent index applicable for a fiscal year to a housing provider’s housing projects in a service area is the lesser of, (a) the guideline published under subsection 120 (3) of the Residential Tenancies Act, 2006; and (b) the percentage change in the average rent for rental units, as determined under subsection (2). O. Reg. 535/07, s. 4. (2) For the purposes of clause (1) (b), the percentage change in the average rent for rental units is determined using the following formula, rounded to the first decimal point: (R/S – 1) × 100 in which, “R” is the number indicated in the most recently published October edition of the Rental Market Report, published by the Canada Mortgage and Housing Corporation, as the “Total” average rent for a “Private Apartment” or “Private Row (Townhouse)”, as the case may be, and for a census metropolitan area centre, census agglomeration centre or a zone, as the case may be, and “S” is the number indicated in the report published the year before the report referred to in “R” that corresponds to the number determined under “R”. O. Reg. 535/07, s. 4. (3) If the Rental Market Report does not provide data required for the calculation of “R” or “S”, then “R” or “S”, as the case may be, is equal to the number indicated in the Rental Market Report as the “Total” average rent for the census metropolitan area centre or census agglomeration centre, as the case may be, or, if that data is not available, for Ontario. O. Reg. 535/07, s. 4. (4) Despite subsection (1), the Minister may, after consultation with the service manager for the service area, adjust the percentage change determined under clause (1) (b) for a housing project, a census metropolitan area centre, census agglomeration centre or a zone. O. Reg. 535/07, s. 4.
Rent-geared-to-income subsidy
33.8 For the purposes of clause (a) of the definition of “F” in the formula for calculating a housing provider’s rent-geared-to-income subsidy set out in subsection 103 (6) of the Act, the total amount of a housing provider’s indexed market rents for a fiscal year from rent-geared-to-income units in its housing projects in the service area is not the amount determined using the rules in subsection 103 (7) of the Act, but using the following rules: 1. For the first fiscal year for which the housing provider receives a subsidy under the Act, the total amount of its indexed market rents is the total amount of the provider’s benchmark market rents for those units as determined by the Minister under section 104 of the Act. 2. For each subsequent fiscal year, the total amount of the provider’s indexed market rents is the amount determined by, i. expressing as a decimal number the market rent index applicable in the fiscal year to the provider’s housing projects in the service area, as determined under subsection 33.7 (1), ii. adding one to the number determined under subparagraph i, and iii. multiplying the number determined under subparagraph ii by the total amount of the provider’s indexed market rents for the previous fiscal year. O. Reg. 535/07, s. 4.
Mandatory payment
33.9 For the purpose of the definition of “D” in the formula set out in subsection 103 (2) of the Act, the amount of the housing provider’s mandatory payment for the fiscal year in respect of its housing projects in the service area is not the amount determined under subsection 103 (8) of the Act, but is zero. O. Reg. 535/07, s. 4.
Change in economic conditions — Rent-geared-to-income units
33.11 (1) For a fiscal year commencing on or after January 1, 2008, sections 33.12 to 33.14 apply to a housing provider listed in Column 2 of Table 3 in respect of its housing projects located in the service area of the service manager listed in Column 1 of the Table opposite the housing provider, if the Minister is satisfied that substantially all of the units in the housing projects are rent-geared-to-income units. O. Reg. 535/07, s. 4. (2) The requirements set out in sections 33.12 to 33.14 are prescribed under section 110 of the Act as requirements altering the formula for calculating the subsidy payable to a housing provider in respect of its housing projects described in subsection (1). O. Reg. 535/07, s. 4. (3) All amounts that are not whole numbers that are used in calculations under sections 33.12 to 33.14 or that result from calculations under those sections must be rounded to two decimal places, unless otherwise indicated. O. Reg. 535/07, s. 4.
Total subsidy
33.12 (1) For the purpose of calculating the amount of a housing provider’s total subsidy for a fiscal year in respect of its housing projects in the service area, the definition of “A” in the formula set out in subsection 106 (2) of the Act is not the definition in that subsection but is as follows: “A” is the amount of the provider’s indexed benchmark operating costs for the fiscal year in respect of its housing projects in the service area; O. Reg. 535/07, s. 4. (2) For the purpose of calculating the amount of a housing provider’s total subsidy for a fiscal year in respect of its housing projects in the service area, the definition of “C” in the formula set out in subsection 106 (2) of the Act is not the definition in that subsection but is as follows: “C” is the total amount of principal and interest payable by the provider for the fiscal year, where such payments are, (a) payable under mortgages guaranteed by the Province of Ontario or the Ontario Mortgage and Housing Corporation in respect of those projects, and (b) applicable to the portions of those housing projects that, (i) are used for residential accommodation and ancillary functions, including meeting rooms, recreational facilities, laundry facilities, parking areas and exterior grounds, and (ii) have been approved by the service manager as being part of the shelter component of its housing projects. O. Reg. 535/07, s. 4.
Indexed benchmark operating costs
33.13 (1) The amount of a housing provider’s indexed benchmark operating costs for a fiscal year in respect of its housing projects in the service area is the amount determined by, (a) calculating the indexed benchmark operating cost for the fiscal year for each item listed in Column 1 of the Table to this subsection by, (i) expressing as a decimal number the operating cost index for the item for the fiscal year, as determined by the Minister in accordance with subsection (2), (ii) adding one to the number determined under subclause (i), and (iii) multiplying the indexed benchmark operating cost for the item for the previous fiscal year by the number determined under subclause (ii); and (b) calculating the sum of the indexed benchmark operating costs determined under clause (a) for all the items. TABLE  Item No.

Column 1

Column 2


 

Item

Index


1.

Administration and maintenance

Ontario Consumer Price Index (All items), as published by Statistics Canada


2.

Insurance

Ontario Consumer Price Index (Homeowners’ home and mortgage insurance sub-index), as published by Statistics Canada 


3.

Bad debt

Ontario Consumer Price Index (All items), as published by Statistics Canada


4.

Electricity

Ontario Consumer Price Index (Electricity sub-index), as published by Statistics Canada


5.

Water

Ontario Consumer Price Index (Water sub-index), as published by Statistics Canada


6.

Natural gas

Ontario Consumer Price Index (Natural gas sub-index), as published by Statistics Canada


7.

Oil and other fuel

Ontario Consumer Price Index (Fuel oil and other fuel sub-index), as published by Statistics Canada


8.

Capital reserves

Ontario Consumer Price Index (All items), as published by Statistics Canada O. Reg. 535/07, s. 4. (2) The operating cost index for a fiscal year for an item listed in Column 1 of the Table to subsection (1) is calculated by, (a) dividing the index listed in Column 2 of the Table opposite the item for May of the current calendar year by that index for May of the previous calendar year; (b) subtracting one from the number determined under clause (a); and (c) expressing the number determined under clause (b) as a percentage, rounded to two decimal places. O. Reg. 535/07, s. 4. (3) The Minister shall notify each service manager and housing provider affected by this section of the operating cost index for a fiscal year for each item listed in Column 1 of the Table to subsection (1). O. Reg. 535/07, s. 4.
Records
35. (1) Subject to subsection (2), every housing provider shall retain its financial records and its records relating to a housing project for at least seven years after the end of the fiscal year to which the record relates. O. Reg. 339/01, s. 35 (1). (2) Every housing provider shall retain its records relating to every household which occupies a unit in its housing projects for a period of at least five years after the date the household last resides in a unit in the housing project. O. Reg. 339/01, s. 35 (2).
Annual report 
36. For the purposes of subsection 113 (2) of the Act, a housing provider shall include the following information and documents in its annual report for a fiscal year: 1. Audited financial statements for the fiscal year. 2. Information concerning amounts reported in the audited financial statements for the fiscal year. 3. The information needed to enable the service manager to calculate the amount of any subsidy payable to the housing provider for the fiscal year under section 102 of the Act. 4. Statistical information concerning households in housing projects in the service area. O. Reg. 339/01, s. 36.
Insurance
37. (1) Every housing provider, other than a non-profit housing co-operative, shall obtain and maintain insurance with respect to its housing projects in accordance with the Ministry of Municipal Affairs and Housing Directive 2001-02 dated March 14, 2001 — Group Insurance Program for Municipal and Private Non-profit Housing Corporations. O. Reg. 339/01, s. 37 (1); O. Reg. 86/02, s. 8. (2) Despite subsection (1), if a housing provider is prescribed for the purposes of clause 142 (1) (d) of the Act, it shall participate in such insurance programs as may be co-ordinated by the Social Housing Services Corporation. O. Reg. 339/01, s. 37 (2); O. Reg. 181/02, s. 7.