jswizzle3737/ontario_laws_and_regs huggingface dataset:
Ceasing to be designated housing project
 86.1 (1) For the purposes of subsection 68.1 (1) of the Act, the date that a housing project ceases to be a designated housing project, if the requirements of that subsection are satisfied, is the date specified in the exit agreement. O. Reg. 241/22, s. 1. (2) The prescribed criteria that a designated housing project must satisfy for the purpose of clause 68.1 (1) (a) of the Act are as follows: 1. The housing project is not subject to a pre-reform operating agreement that remains in effect. 2. The housing project is not subject to a mortgage guaranteed by the Province of Ontario that relates to a transferred housing program. O. Reg. 241/22, s. 1. (3) The following are, for the purpose of clause 68.1 (1) (b) of the Act, prescribed requirements with which an exit agreement must comply: 1. The agreement must state that the service manager and housing provider intend for the housing project to cease to be a designated housing project. 2. The agreement must, i. take effect no less than 30 days after the date on which the service manager and housing provider give notice to the Minister under clause 68.1 (1) (c) of the Act, and ii. state that effective date. 3. The agreement must include a plan for the following: i. The accommodation of households who occupy units in the housing project, including a plan for the continued delivery of one of the following to each household who is in receipt of rent-geared-to-income assistance: A. Rent-geared-to-income assistance. B. If the household agrees, an alternate form of assistance referred to in section 20.1. ii. At least one of the following: A. The continued operation of the housing project by the housing provider or another housing provider. B. The redevelopment of the housing project by the housing provider or another housing provider. C. The reinvestment of the proceeds of sale of the housing project into affordable housing. 4. The agreement shall require the housing provider to implement the plan referred to in paragraph 3. O. Reg. 241/22, s. 1.
Notice to Minister
 86.2 (1) The following information must be included in a notice given to the Minister under clause 68.1 (1) (c) of the Act: 1. The address of the housing project. 2. The service manager. 3. The housing provider. 4. A legal description of the lands on which the housing project is located. 5. A statement that the service manager and housing provider have entered into an exit agreement that complies with the requirements prescribed under clause 68.1 (1) (b) of the Act. 6. The effective date of the exit agreement. 7. A statement that the housing project meets the criteria prescribed for the purpose of clause 68.1 (1) (a) of the Act. O. Reg. 241/22, s. 1. (2) A notice given to the Minister under clause 68.1 (1) (c) of the Act must be signed by at least one representative of the service manager and at least one representative of the housing provider. O. Reg. 241/22, s. 1.
List of former designated housing projects
 86.3 For the purpose of subsection 68.1 (3) of the Act, the Minister shall maintain, in accordance with the following requirements, a list of housing projects that have ceased to be designated housing projects in accordance with section 68.1 of the Act: 1. When a housing project ceases to be a designated housing project, the Minister shall add the housing project to the list. 2. The list shall include the following information for each such housing project: i. The address of the housing project. ii. The service manager. iii. The date on which the housing project ceased to be a designated housing project. O. Reg. 241/22, s. 1.
Housing provider plans, s. 69 (5) of the Act
 87. The following plans are required for a housing provider for the purposes of subsection 69 (5) of the Act: 1. A plan for training the staff and volunteers involved in the operation of the designated housing project. 2. If the housing provider has a board of directors, a succession plan for the board. 3. If the housing provider is a non-profit housing co-operative, a plan for educating the members about the governance of the co-operative.  O. Reg. 367/11, s. 87.
Records, s. 70 of the Act
 88. (1) This section governs the records that a service manager must keep under section 70 of the Act.  O. Reg. 367/11, s. 88 (1). (2) This section only applies with respect to records relating to transferred housing programs and the designated housing projects that are subject to those programs.  O. Reg. 367/11, s. 88 (2). (3) If the service manager receives a record from the Minister and that record is an agreement, the service manager must keep that record for at least seven years after the agreement is terminated or expires.  O. Reg. 367/11, s. 88 (3). (4) The service manager must keep records that include, (a) a copy of the reports given to the Minister by the service manager under section 20 of the Act; (b) a copy of the reports, documents and written information given to the Minister by the service manager under section 21 of the Act; and (c) a copy of every document used to prepare a report, document or written information referred to in clause (a) or (b).  O. Reg. 367/11, s. 88 (4). (5) A record required under subsection (4) must be kept for at least seven years after the report, document or written information referred to in clause (4) (a) or (b) was given to the Minister.  O. Reg. 367/11, s. 88 (5). (6) If more than one subsection in this section applies with respect to a record, the record shall be kept long enough to satisfy all the subsections that apply.  O. Reg. 367/11, s. 88 (6).
Content of notice of project in difficulty, s. 72 (4) of the Act
 89. The following are prescribed, for the purposes of subsection 72 (4) of the Act, as information to be included in the written notice that a housing project is in difficulty: 1. The name of the housing project and the housing provider. 2. A description of the situation that requires the service manager to give the notice. 3. The name of an individual who can communicate, on behalf of the service manager, with the Minister and details of how that individual can be contacted. 4. The name of an individual who can communicate, on behalf of the service manager, with the housing provider and details of how that individual can be contacted. 5. If a copy of the notice is not being given to the housing provider, an explanation of why that is not required under subsection 72 (3) of the Act.  O. Reg. 367/11, s. 89. Part VIII   General Rules for Certain Housing Projects — Part VII of the Act Definition
PART VIII GENERAL RULES FOR CERTAIN HOUSING PROJECTS — PART VII OF THE ACT
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Part VII housing projects, s. 73 of the Act
 90. The housing projects designated, under Ontario Regulation 368/11 (Designated Housing Projects – Section 68 of the Act) made under the Act, for a housing program with the program category number 6 (a) or 6 (b) in Schedule 1 are prescribed for the purposes of the definition of “Part VII housing projects” in section 73 of the Act.  O. Reg. 367/11, s. 90. Operation of Projects
Operation of Projects
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Prescribed provincial requirements, s. 75 (1) (a) of the Act
 91. The requirements in sections 92 to 99 are prescribed, for the purposes of clause 75 (1) (a) of the Act, as provincial requirements that apply to the operation of a Part VII housing project and the governance of the housing provider.  O. Reg. 367/11, s. 91.
Corporate standing
 92. (1) The housing provider shall ensure that it is one of the following: 1. A corporation to which the Not-for-Profit Corporations Act, 2010 applies that is in good standing under that Act. 2. A non-profit housing co-operative that is in good standing under the
Co-operative Corporations Act.  O. Reg. 367/11, s. 92 (1), 148 (1). (2) This section does not apply to a housing provider that is a corporation to which the Business Corporations Act or the Canada Business Corporations Act applies if, when the former Act was repealed, the housing provider was such a corporation and the housing provider operated a housing project under Part VI of the former Act.  O. Reg. 367/11, s. 92 (2). (3) This section does not apply to a local housing corporation.  O. Reg. 367/11, s. 92 (3). (4) This section does not apply to a housing provider that is a service manager or a corporation wholly owned by a service manager. O. Reg. 150/16, s. 1.
Operation as charity or non-profit organization
 93. (1) The housing provider shall operate only as a registered charity within the meaning of the Income Tax Act (Canada) or as a non-profit organization exempt from tax under paragraph 149 (1) (l) of that Act.  O. Reg. 367/11, s. 93. (2) This section does not apply to a housing provider that is a service manager or a corporation wholly owned by a service manager. O. Reg. 150/16, s. 2.
Distribution on winding up, etc., for certain housing providers
 94. (1) This section applies only to a housing provider to which the Not-for-Profit Corporations Act, 2010 applies. O. Reg. 367/11, s. 148 (2). (2) The housing provider’s articles must provide that, upon the housing provider’s being wound up or dissolved, any property remaining after satisfying the interests of the provider’s creditors shall be distributed only 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 and that has objects or purposes that are similar to those of the housing provider. 2. Another housing provider that operates a designated housing project. 3. A service manager. 4. A municipality within a service area where the housing provider operated.  O. Reg. 367/11, s. 94 (2); O. Reg. 367/11, s. 148 (3).
No payment to members for certain housing providers
 94.1 (1) This section applies only to a housing provider to which the Not-for-Profit Corporations Act, 2010 applies that is not a public benefit corporation within the meaning of that Act. O. Reg. 367/11, s. 148 (4). (2) The housing provider’s articles or by-laws must provide that the provider shall not pay any amount to a member upon termination of that member’s membership. O. Reg. 367/11, s. 148 (4).
Damages that make a unit uninhabitable
 95. If a unit in a Part VII housing project is damaged to the extent that it is uninhabitable, the housing provider shall proceed diligently to repair and restore the unit and make it habitable.  O. Reg. 367/11, s. 95.
Rent-geared-to-income assistance
 96. (1) A household shall not be given rent-geared-to-income assistance for a unit in a Part VII housing project unless, at the time the household begins to receive such assistance, the household has a lease or, if the unit is a member unit in a non-profit housing co-operative, an occupancy agreement.  O. Reg. 367/11, s. 96 (1). (2) Before a household begins to receive rent-geared-to-income assistance the housing provider shall inform the household of the amount of rent that would be payable if the household did not receive such assistance.  O. Reg. 367/11, s. 96 (2). (3) The housing provider shall not refuse to enter into a lease or occupancy agreement with a household that will be receiving rent-geared-to-income assistance because the household is unable to pay part or all of an amount, other than rent, that is required to be paid when the lease or occupancy agreement is entered into, 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. 367/11, s. 96 (3). (4) The housing provider shall establish rules for the temporary accommodation of guests in units occupied by households receiving rent-geared-to-income assistance and shall provide a copy of the rules to the service manager and to those households.  O. Reg. 367/11, s. 96 (4).
Non-profit housing co-operative, fees and charges
 97. (1) This section applies to a housing provider that is a non-profit housing co-operative.  O. Reg. 367/11, s. 97 (1). (2) The housing provider may not impose, in respect of a member unit in a Part VII housing project, fees and charges other than the following: 1. Rent. 2. A fee or charge that would be permitted under the Residential Tenancies Act, 2006, if that Act applied to the unit. 3. The initial fee for membership in the housing provider. 4. The annual amount for the sector support levy. 5. 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. 367/11, s. 97 (2). (3) The housing provider shall give the household occupying a member unit a written notice of any increase in the amount the housing provider may impose under subsection (2) at least 60 days before the day the increase comes into effect.  O. Reg. 367/11, s. 97 (3). (4) Subsection (3) does not apply to an increase due to increases in the household’s income.  O. Reg. 367/11, s. 97 (4).
Capital reserves
 98. (1) A housing provider that receives a subsidy from a service manager under section 78 of the Act shall maintain a capital reserve for each Part VII housing project in the service manager’s service area.  O. Reg. 367/11, s. 98 (1). (2) Income earned on the investment of amounts in a capital reserve shall be retained in the capital reserve.  O. Reg. 367/11, s. 98 (2). (3) For each fiscal year of the housing provider, a housing provider shall contribute, to the housing provider’s capital reserve for a Part VII housing project, an amount determined by multiplying the housing provider’s contribution for the previous fiscal year by the cost index determined by the Minister for the fiscal year to reflect the changes in the costs of what the capital reserve may be used for.  O. Reg. 367/11, s. 98 (3). (4) For a fiscal year, a housing provider may contribute an amount to the housing provider’s capital reserve for a Part VII housing project in addition to the amount required under subsection (3) but only with the approval of the service manager.  O. Reg. 367/11, s. 98 (4). (5) Contributions for a fiscal year may be made in the fiscal year or within five months after the end of the fiscal year.  O. Reg. 367/11, s. 98 (5). (6) A housing provider may use amounts from a capital reserve only for expenditures for the construction or renovation of, or substantial repairs to, the Part VII housing project for which the capital reserve is maintained, including reasonable expenditures for planning and budgeting for such construction, renovation or repairs.  O. Reg. 367/11, s. 98 (6). (7) The following apply if amounts in a capital reserve were provided by a service manager: 1. Subsection (6) does not apply with respect to the amounts. 2. The housing provider may use the amounts only in accordance with the conditions or requirements imposed by the service manager at the time the amounts were provided.  O. Reg. 367/11, s. 98 (7). (8) A housing provider shall keep separate records and accounts for each capital reserve unless the service manager permits otherwise.  O. Reg. 367/11, s. 98 (8). (9) A capital reserve maintained under section 24 of Ontario Regulation 339/01 (Housing Projects Subject to Part VI of the Act) made under the former Act shall be continued as a capital reserve required under subsection (1).  O. Reg. 367/11, s. 98 (9). (10) Ontario Regulation 339/01 (Housing Projects Subject to Part VI of the Act) made under the former Act, as that regulation read immediately before the former Act was repealed, continues to apply, instead of subsections (3) to (5), with respect to contributions to a capital reserve for a fiscal year that begins before this subsection comes into force.  O. Reg. 367/11, s. 98 (10).
Insurance
 99. A housing provider shall insure its Part VII housing projects.  O. Reg. 367/11, s. 99.
Limits of local standards, s. 75 (2) of the Act
 100. The following are prescribed, for the purposes of subsection 75 (2) of the Act, as matters with respect to which a service manager may make local standards: 1. Conflicts of interest of directors, employees and agents of a housing provider. 2. The minimum number of meetings of the board of directors of a housing provider that must be held. 3. The remuneration of the directors of a housing provider. 4. Property management relating to Part VII housing projects, including the procurement of, and contracts for, property management services. 5. Leases for units in Part VII housing projects. 6. Multi-year financial plans.  O. Reg. 367/11, s. 100.
Targets, restrictions on changes by service manager, par. 2 of s. 77 (5) of the Act
 101. (1) The following are prescribed, for the purposes of paragraph 2 of subsection 77 (5) of the Act, as restrictions on a change to a target that a service manager may make without the agreement of a housing provider: 1. The service manager shall not change a target for a housing project under clause 77 (1) (a) of the Act if the result would be that the number of non-RGI units in the project changes by more than 10 per cent from the number of non-RGI units under the initial target for the project under subsection 77 (6) of the Act, or if the service manager and the housing provider have changed the target under subsection 77 (4) of the Act by agreement, under the target most recently agreed to. 2. A change is not effective unless the service manager gives notice of the change to the housing provider.  O. Reg. 367/11, s. 101 (1). (2) For the purposes of paragraph 1 of subsection (1), the number of non-RGI units in a housing project is the total number of units in the project minus the target under clause 77 (1) (a) of the Act.  O. Reg. 367/11, s. 101 (2). Records and Reports
Records and Reports
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Records, s. 79 (1) of the Act
 102. (1) This section governs the records that a housing provider must keep under subsection 79 (1) of the Act.  O. Reg. 367/11, s. 102 (1). (2) The housing provider must keep each of the following records for at least seven years after the end of the fiscal year to which the record relates: 1. The housing provider’s financial records. 2. The housing provider’s records relating to a Part VII housing project, other than records to which subsection (3) or (4) applies.  O. Reg. 367/11, s. 102 (2). (3) The housing provider must keep the records relating to a household that occupies a unit in a Part VII housing project for at least five years after the household last resides in a unit in the project.  O. Reg. 367/11, s. 102 (3). (4) If the housing provider refuses to offer a unit to a household under a rule under subsection 50 (1) or 77 (1), the housing provider shall keep a record of the decision to refuse to offer the unit to the household, including a copy of the notice given to the household under that section and the information used by the housing provider to make its decision, for at least seven years after the notice was given to the household.  O. Reg. 367/11, s. 102 (4).
Annual reports, contents, s. 80 (2) of the Act
 103. The following are prescribed, for the purposes of subsection 80 (2) of the Act, as information and documents that must be included in an annual report for a fiscal year: 1. Financial information about the housing provider, including audited financial statements for the fiscal year. 2. 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 78 of the Act. 3. Statistical information on the households residing in the housing provider’s Part VII housing projects in the service area.  O. Reg. 367/11, s. 103. Enforcement
Service manager-appointed receiver, etc., powers, s. 95 (9) of the Act
 104. (1) This section prescribes, for the purposes of subsection 95 (9) of the Act, the powers that an interim receiver or interim receiver and manager has.  O. Reg. 367/11, s. 104 (1). (2) The interim receiver or interim receiver and manager has the power to act as the housing provider with respect to its assets, liabilities and undertakings, including its housing projects.  O. Reg. 367/11, s. 104 (2). (3) Without limiting the generality of subsection (2), the powers under that subsection include the following: 1. The power to carry on and manage the business and affairs of the housing provider. 2. The power to take possession of, preserve and protect the assets of the housing provider, including its housing projects. 3. The power to commence, conduct or defend legal proceedings. 4. The power to borrow money. 5. The power to receive payments or anything else in satisfaction of any obligation to the housing provider and to compromise any such obligation. 6. The power to enter into contracts, sign documents or do anything incidental to the exercise of its other powers.  O. Reg. 367/11, s. 104 (3). (4) The interim receiver or interim receiver and manager shall not exercise any of its powers unless all of the following are satisfied: 1. The interim receiver or interim receiver and manager has insurance acceptable to the service manager and has provided the service manager with proof of such insurance. 2. The interim receiver or interim receiver and manager has provided the service manager with undertakings, satisfactory to the service manager, that the interim receiver or interim receiver and manager and all persons who the interim receiver or interim receiver and manager procures the assistance of in the carrying out of the powers of the interim receiver or interim receiver and manager, i. shall not do anything that would result in a conflict of interest, and ii. shall comply with the requirements, to which the housing provider was subject, relating to the collection, use, disclosure and safeguarding of privacy of personal information and for a person’s access to his or her personal information.  O. Reg. 367/11, s. 104 (4).
Date for undertaking required review, s. 100 of the Act
 105. January 1, 2017 is prescribed, for the purposes of section 100 of the Act, as the day by which the review required under that section shall be undertaken.  O. Reg. 367/11, s. 105. Part VIII.1   Part VII.1 of the Act
PART VIII.1 PART VII.1 OF THE ACT
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Notice to Minister
 105.2 (1) The following information must be included in a notice given to the Minister under clause 101.2 (1) (b) of the Act: 1. The address of the housing project. 2. The service manager. 3. The housing provider. 4. A legal description of the lands on which the housing project is located. 5. A statement that the service manager and housing provider have entered into a service agreement that complies with the requirements prescribed under clause 101.2 (1) (a) of the Act. 6. The effective date of the service agreement. 7. If the housing project is a designated housing project, a statement that the housing project meets the criteria prescribed for the purpose of subclause 101.2 (1) (c) (i) of the Act. 8. If the housing project is not a designated housing project, a statement that the housing project is of a type prescribed for the purpose of subclause 101.2 (1) (c) (ii) of the Act. O. Reg. 241/22, s. 2. (2) A notice given to the Minister under clause 101.2 (1) (b) of the Act must be signed by at least one representative of the service manager and at least one representative of the housing provider. O. Reg. 241/22, s. 2.
Lists of housing projects
 105.3 (1) For the purpose of subsection 101.4 (1) of the Act, a service manager shall maintain a list of Part VII.1 housing projects in its service area in accordance with the following requirements: 1. When a housing project becomes a Part VII.1 housing project, the service manager shall add the housing project to the list. 2. The list shall include the address of each Part VII.1 housing project. 3. The list shall, for each Part VII.1 housing project that has a mandate to serve a specified population, indicate the mandate for the housing project. 4. When a housing project ceases to be a Part VII.1 housing project, the service manager shall remove the housing project from the list. O. Reg. 241/22, s. 2. (2) The service manager shall make the list available to the public by, (a) allowing members of the public, during normal business hours, to inspect and copy the list at their own expense; and (b) posting the list on the internet. O. Reg. 241/22, s. 2. (3) For the purpose of subsection 101.4 (4) of the Act, the Minister shall maintain a list of all Part VII.1 housing projects in accordance with the following requirements: 1. When a housing project becomes a Part VII.1 housing project, the Minister shall add the housing project to the list. 2. The list shall include the following information for each Part VII.1 housing project: i. The address of the housing project. ii. The service manager. iii. The date that the housing project became a Part VII.1 housing project. 3. When a housing project ceases to be a Part VII.1 housing project, the Minister shall indicate on the list that the housing project has ceased to be a Part VII.1 housing project and the date that it ceased to be a Part VII.1 housing project. O. Reg. 241/22, s. 2.
Termination of service agreement — s. 101.5 (4) (b) of Act
 105.4 If a service manager and a housing provider have entered into an exit agreement that complies with the requirements prescribed for the purposes of clause 101.7 (1) (a), the service manager and housing provider may terminate a service agreement by mutual agreement as of the effective date of the exit agreement. O. Reg. 241/22, s. 2.
Exit agreement
 105.5 (1) For the purposes of subsection 101.7 (1) of the Act, the date that a housing project ceases to be a Part VII.1 housing project, if the requirements of that subsection are satisfied, is the date specified in the exit agreement. O. Reg. 241/22, s. 2. (2) The following are, for the purpose of clause 101.7 (1) (a) of the Act, prescribed requirements with which an exit agreement must comply: 1. The agreement must state that the service manager and housing provider intend for the housing project to cease to be governed under Part VII.1 of the Act. 2. The agreement must state the date that the agreement is effective, which shall be not less than 30 days after the service manager and housing provider give notice to the Minister under clause 101.7 (1) (b) of the Act. 3. The exit
agreement must include a plan for the following: i. The accommodation of households who occupy units in the housing project, including a plan for the continued delivery of one of the following to each household who is in receipt of rent-geared-to-income assistance: A. Rent-geared-to-income assistance. B. If the household agrees, an alternate form of assistance referred to in section 20.1. ii. At least one of the following: A. The continued operation of the housing project by the housing provider or another housing provider. B. The redevelopment of the housing project by the housing provider or another housing provider. C. The reinvestment of the proceeds of sale of the housing project into affordable housing. 4. The agreement must require the housing provider to implement the plan referred to in paragraph 3. O. Reg. 241/22, s. 2.
Notice to Minister
 105.6 (1) The following information must be included in a notice given to the Minister under clause 101.7 (1) (b) of the Act: 1. The address of the housing project. 2. The service manager. 3. The housing provider. 4. A legal description of the lands on which the housing project is located. 5. A statement that the service manager and housing provider have entered into an exit agreement that complies with the requirements prescribed under clause 101.7 (1) (a) of the Act. 6. The effective date of the exit agreement. O. Reg. 241/22, s. 2. (2) A notice given to the Minister under clause 101.7 (1) (b) of the Act must be signed by at least one representative of the service manager and at least one representative of the housing provider. O. Reg. 241/22, s. 2. Part IX   Payment of Certain Housing Costs — Part VIII of the Act Provincial Housing Costs
PART IX PAYMENT OF CERTAIN HOUSING COSTS — PART VIII OF THE ACT
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Provincial Housing Costs
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Billing periods, s. 104 (2) of the Act
 106. For the purposes of subsection 104 (2) of the Act, the billing period for provincial housing costs is the calendar month.  O. Reg. 367/11, s. 106.
Recoverable costs, exclusion, s. 105 of the Act
 107. For the purposes of section 105 of the Act, costs relating to housing in the Town of Moosonee shall not be included in the amount of housing costs to be recovered from service managers.  O. Reg. 367/11, s. 107.
Allocation of recoverable costs among service managers, s. 106 (1) of the Act
 108. For the purposes of subsection 106 (1) of the Act, the portion of the recoverable costs apportioned to a service manager shall be the portion of those costs that relate to housing in the service manager’s service area.  O. Reg. 367/11, s. 108. Service Manager’s Housing Costs — Exclusion
Service Manager’s Housing Costs — Exclusion
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Service manager’s housing costs, exclusion, s. 109 (2) of the Act
 109. For the purposes of subsection 109 (2) of the Act, a service manager’s costs do not include the costs of administering or funding a transferred housing program in a municipality that is deemed to be territory without municipal organization for the purposes of section 112 of the Act.  O. Reg. 367/11, s. 109. Municipal Service Manager’s Housing Costs — Apportionment
Municipal Service Manager’s Housing Costs — Apportionment
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Definition
 110. In sections 111 to 114, “party” means the municipal service manager or a municipality within the service manager’s service area with respect to which subsection 111 (3) of the Act applies.  O. Reg. 367/11, s. 110.
Apportionment method, certain municipal service managers, s. 111 (3) of the Act
 111. For the purposes of subsection 111 (3) of the Act, a municipal service manager’s housing costs shall be apportioned among the parties in accordance with, (a) an agreement made by parties; or (b) if there is no agreement, an award given pursuant to an arbitration.  O. Reg. 367/11, s. 111.
Agreement to provide for apportionment
 112. (1) This section applies with respect to an agreement referred to in clause 111 (a).  O. Reg. 367/11, s. 112 (1). (2) The agreement becomes effective, (a) if an effective date is specified in the agreement, (i) on the specified date, if that date is the first day of a month, or (ii) on the first day of the month after the specified date, if that date is not the first day of a month; or (b) if no effective date is specified in the agreement, on the first day of the month after the agreement is made.  O. Reg. 367/11, s. 112 (2). (3) The agreement may be effective with respect to a period before it is made if the agreement provides for a monetary reconciliation among the parties with respect to that period.  O. Reg. 367/11, s. 112 (3). (4) If the agreement expires or is terminated by a notice of termination given in accordance with the agreement, the date of the expiry or termination shall be, (a) the date determined in accordance with the agreement or notice, if that date is the last day of a month; or (b) the last day of the month in which the date determined in accordance with the agreement or notice falls, if that date is not the last day of a month.  O. Reg. 367/11, s. 112 (4).
Transition, agreements and arbitrations under former Act
 114. (1) An agreement dealing with the apportionment of a service manager’s housing costs that was made before the former Act was repealed and that was still in effect when the former Act was repealed continues as an agreement referred to in clause 111 (a).  O. Reg. 367/11, s. 114 (1). (2) An arbitration award dealing with the apportionment of a service manager’s housing costs that was made before the former Act was repealed and that was still in effect when the former Act was repealed continues as an award referred to in clause 111 (b).  O. Reg. 367/11, s. 114 (2). (3) An arbitration to deal with the apportionment of a service manager’s housing costs that was commenced before the former Act was repealed and that had not yet concluded when the former Act was repealed shall be continued and section 113 applies with respect to that arbitration and, for greater certainty, the final award may be effective with respect to a period before that section came into force and may provide for a monetary reconciliation with respect to such a period.  O. Reg. 367/11, s. 114 (3). DSSAB Service Manager’s Housing Costs — Apportionment
DSSAB Service Manager’s Housing Costs — Apportionment
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Apportionment method — dssab service managers, s. 112 (3) of the Act
 115. (1) For the purposes of subsection 112 (3) of the Act, a dssab service manager’s housing costs shall be apportioned among the municipalities and territory without municipal organization within the service manager’s service area in accordance with section 116 or 117.  O. Reg. 367/11, s. 115. (2) However, for the period beginning on December 11, 2017 and ending on December 31, 2019, a dssab service manager shall use the method of apportionment for housing costs that the dssab service manager was using on December 10, 2017. O. Reg. 473/17, s. 1; O. Reg. 522/18, s. 1.
Apportionment method unless alternative consented to
 116. (1) A dssab service manager’s housing costs shall be apportioned in accordance with this section unless a different method of apportionment is determined under section 117.  O. Reg. 367/11, s. 116 (1). (2) Subject to subsection (3), the service manager shall determine, (a) the amount of its housing costs that is attributable to the parts of its service area that are territory without municipal organization; and (b) the amount of its housing costs that is attributable to the parts of its service area that are in municipalities.  O. Reg. 367/11, s. 116 (2). (3) The Minister may reject a service manager’s determination under clause (2) (a) and, if the Minister does so, the service manager shall make a new determination under subsection (2).  O. Reg. 367/11, s. 116 (3). (4) The amount determined under clause (2) (a) is the amount apportioned to the territory without municipal organization.  O. Reg. 367/11, s. 116 (4). (5) The amount determined under clause (2) (b) shall be apportioned among the municipalities in accordance with the following: 1. When the assessment roll of a municipality is returned to the clerk of the municipality under section 36 of the Assessment Act, the clerk shall provide a copy to the service manager. 2. Each municipality shall provide the service manager with a copy of the by-law setting its tax ratios within a reasonable time after the by-law is passed. 3. The service manager shall determine the amount to be apportioned to each municipality in accordance with the following formula: A = C × WAmun/WAall in which, “A” is the amount to be apportioned to the municipality, “C” is the amount determined under clause (2) (b), “WAmun” is the sum of the weighted assessments for all of the properties in the municipality, and “WAall” is the sum of the weighted assessments for all of the properties in all of the municipalities. O. Reg. 367/11, s. 116 (5). (6) In this section, “tax ratio”, with respect to a property, means the tax ratio established under section 308 of the Municipal Act, 2001
for the property class it is in; (“coefficient d’impôt”) “weighted assessment” means, (a) with respect to property that is in a subclass to which section 313 of the Municipal Act, 2001
applies, the taxable assessment for the property, as reduced by the percentage reduction that applies with respect to that assessment under section 313 of the
Municipal Act, 2001 and multiplied by the tax ratio of the property class that the property is in, and (b) in all other cases, the taxable assessment for a property multiplied by the tax ratio of the property class that the property is in. (“évaluation pondérée”)  O. Reg. 367/11, s. 116 (6).
Alternative apportionment method by majority consent
 117. (1) A dssab service manager may apportion its housing costs by a method determined by the service manager instead of by a method provided in subsection 116 (2) or (5) if, (a) a majority of the municipalities within the service area and members representing territory without municipal organization within the service area consent to the method determined by the service manager; (b) the municipalities and members referred to in clause (a) who have consented represent a majority of the electors in the service area; and (c) the Minister has given written approval of anything that would replace the method provided in subsection 116 (2).  O. Reg. 367/11, s. 117 (1). (2) For the purposes of clause (1) (a), each municipality within the service manager’s service area and each member of the service manager representing territory without municipal organization is entitled to one vote.  O. Reg. 367/11, s. 117 (2). (3) For the purposes of clause (1) (b), if two or more members of the service manager represent territory without municipal organization, each member is deemed to represent the number of electors in the territory without municipal organization divided by the number of members who represent such territory.  O. Reg. 367/11, s. 117 (3). (4) The following requirements apply to a consent under clause (1) (a): 1. The consent of a municipality must be given by a resolution of the municipal council. 2. The consent of a member representing territory without municipal organization must be given in writing.  O. Reg. 367/11, s. 117 (4). (5) A method determined by the service manager and consented to under subsection 18 (5) of Ontario Regulation 642/00 (Determination, Allocation, Apportionment and Billing of Housing Costs) made under the former Act shall be deemed to continue as a method determined and consented to under this section.  O. Reg. 367/11, s. 117 (5).
Information about amounts apportioned to unorganized territory
 118. Forthwith after determining the housing costs apportioned to territory without municipal organization, a dssab service manager shall inform the Minister of, (a) the housing costs apportioned to territory without municipal organization; and (b) the costs, relating to a municipality that is deemed to be territory without municipal organization for the purposes of section 112 of the Act, that are not included in the service manager’s housing costs under subsection 109 (2) of the Act.  O. Reg. 367/11, s. 118.
Reports to Minister on estimated amounts
 119. (1) On or before March 31 of each year, a dssab service manager shall give the Minister a report with an estimate of the amount to be provided by the Minister under subsection 112 (5) of the Act in respect of that year.  O. Reg. 367/11, s. 119 (1). (2) If the service manager incurs additional housing costs that were not reflected in the estimate provided under subsection (1), the service manager shall give the Minister a further report with a revised estimate reflecting those additional housing costs.  O. Reg. 367/11, s. 119 (2).
Payment of amounts, s. 112 (5) of the Act
 120. (1) The amount described in clause 112 (5) (a) of the Act shall be paid to the service manager in accordance with the following rules: 1. The amount for the year shall be paid in quarterly instalments with the payments being made in the first month of each quarter. 2. The amount of an instalment shall be, i. if the service manager has informed the Minister, under clause 118 (a), of the housing costs for the quarter apportioned to territory without municipal organization, the amount of those housing costs, or ii. if the service manager has not yet informed the Minister, under clause 118 (a), of the housing costs for the quarter apportioned to territory without municipal organization, the amount of such housing costs for the most recent quarter for which the service manager has informed the Minister. 3. If a payment is made in accordance with subparagraph 2 ii, a monetary reconciliation shall be made between the Minister and the service manager in respect of that payment after the Minister is informed, under clause 118 (a), of the housing costs for the quarter apportioned to the territory without municipal organization.  O. Reg. 367/11, s. 120 (1). (2) The amount described in clause 112 (5) (b) of the Act shall be paid to the service manager in accordance with the following rules: 1. The amount for the year shall be paid in quarterly instalments with the payments being made in the first month of each quarter. 2. The amount of an instalment shall be, i. if the service manager has informed the Minister, under clause 118 (b), of the costs for the quarter that are not included in the service manager’s housing costs under subsection 109 (2) of the Act, the amount of those excluded costs, or ii. if the service manager has not yet informed the Minister, under clause 118 (b), of the costs for the quarter that are not included in the service manager’s housing costs under subsection 109 (2) of the Act, the amount of such excluded costs for the most recent quarter for which the service manager has informed the Minister. 3. If a payment is made in accordance with subparagraph 2 ii, a monetary reconciliation shall be made between the Minister and the service manager in respect of that payment after the Minister is informed, under clause 118 (b), of the housing costs for the quarter that are not included in the service manager’s housing costs under subsection 109 (2) of the Act.  O. Reg. 367/11, s. 120 (2).
Municipality deemed to be unorganized, s. 112 of the Act
 121. For the purposes of section 112 of the Act, the Town of Moosonee is deemed to be territory without municipal organization.  O. Reg. 367/11, s. 121.
Transition, reconciliations under former Act
 122. Any monetary reconciliation that would have been required under the former Act in respect of amounts paid or payable under that Act to a dssab service manager by a municipality or the Minister shall be made as though that Act and the regulations made under it had continued in force.  O. Reg. 367/11, s. 122. Revisions by Service Managers
Revisions by Service Managers
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Notice of changes, s. 114 (3) of the Act
 123. The following are prescribed as the information that must be set out in a written notice under subsection 114 (3) of the Act of a change to an apportionment to a municipality resulting from a revision: 1. The revised amount apportioned to the municipality. 2. The amount of the increase or decrease. 3. If the amount is increased, the date the municipality must pay the amount of the increase to the service manager.  O. Reg. 367/11, s. 123.
Payments relating to unorganized territory, s. 114 (6) of the Act
 124. The following apply to payments required under subsection 114 (6) of the Act following a revision under subsection 114 (1) of the Act: 1. The Minister shall pay an amount required under paragraph 1 of subsection 114 (6) of the Act by adding the amount to the next quarterly instalment payable under section 120.  However, the Minister is not required to pay the amount until after the service manager has given the Minister a written notice of the amount owed. 2. The service manager shall pay an amount required under paragraph 2 of subsection 114 (6) of the Act by, i. paying the amount to the Minister, or ii. having the amount be subtracted from the next quarterly instalment payable under section 120.  O. Reg. 367/11, s. 124. Interest and Penalties
Interest and Penalties
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Interest and penalties, s. 115 (1) of the Act
 125. The interest and penalties a service manager may charge under subsection 115 (1) of the Act are subject to the following: 1. The service manager may determine the interest and penalties it charges on unpaid amounts, subject to paragraph 2. 2. The sum of the interest and penalties on an unpaid amount shall not exceed 1 per cent per month for each month or part of a month during which the amount is unpaid.  O. Reg. 367/11, s. 125. 126., 127. Revoked: O. Reg. 150/16, s. 4. Part X   Housing Services Corporation — Part IX of the Act Objects, Powers, etc.
PART X HOUSING SERVICES CORPORATION — PART IX OF THE ACT
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Objects, Powers, etc.
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Required activities, s. 124 of the Act
 128. (1) For the purposes of clause 124 (a) of the Act, the housing providers that are members of the Corporation under clauses 127 (b), (c) and (e) of the Act, are prescribed.  O. Reg. 367/11, s. 128 (1). (2) For the purposes of clause 124 (b) of the Act, the housing providers that are members of the Corporation under clauses 127 (b), (c) and (d) of the Act, are prescribed.  O. Reg. 367/11, s. 128 (2). (3) For the purposes of clause 124 (c) of the Act, the housing providers that are members of the Corporation under clauses 127 (b), (c), (d) and (e) of the Act are prescribed.  O. Reg. 367/11, s. 128 (3). Members
Members
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Members of the Corporation, s. 127 of the Act
 129. (1) The housing providers listed in Schedule 6 are prescribed for the purposes of clause 127 (c) of the Act.  O. Reg. 367/11, s. 129 (1). (2) The housing providers listed in Schedule 7 are prescribed for the purposes of clause 127 (d) of the Act.  O. Reg. 367/11, s. 129 (2). (3) The following are prescribed, for the purposes of clause 127 (e) of the Act, as requirements for a housing provider or other person to be a member of the Corporation: 1. The housing provider or other person must have applied to become a member. 2. The board of directors of the Corporation must have admitted the housing provider or other person as a member.  O. Reg. 367/11, s. 129 (3). (4) For greater certainty, nothing in this section prevents a member of the Corporation under clause 127 (e) of the Act from resigning as a member.  O. Reg. 367/11, s. 129 (4). (5) A housing provider that was a member of the Corporation under clause 140 (2) (e) of the former Act is deemed to be a member of the Corporation under clause 127 (e) of the Act.  O. Reg. 367/11, s. 129 (5). Directors
Selection of directors, s. 128 (2) of the Act
 130. The following apply with respect to the selection of directors under paragraphs 2 to 8 of subsection 128 (2) of the Act: 1. The Corporation shall make arrangements, as necessary, for the selection of the directors. 2. No selection shall be effective until after the March 31 on which the previous term under subsection 129 (1) of the Act or section 132 ended, or would have ended if a vacancy had not arisen before the end of that previous term.  O. Reg. 367/11, s. 130.
Terms of directors, s. 129 (1) of the Act
 131. For the purposes of subsection 129 (1) of the Act, the prescribed term of a director, (a) begins at the time his or her appointment or selection is effective; and (b) ends on March 31, four years after the March 31 on which the previous term under subsection 129 (1) of the Act or section 132 ended, or would have ended if a vacancy had not arisen before the end of that previous term.  O. Reg. 367/11, s. 131.
Transition, board of directors
 132. The terms of the directors in office immediately before the former Act was repealed are continued in accordance with the following, subject to subsection 129 (2) and sections 130 to 133 of the Act: 1. The terms of the directors appointed by the Minister under subsection 143 (1) of the former Act shall continue until March 31, 2014. 2. The terms of the directors selected under paragraphs 1, 2, 3, 4 and 5 of subsection 143 (1) of the former Act shall continue until March 31, 2015. 3. The terms of the directors selected under paragraphs 6 and 7 of subsection 143 (1) of the former Act shall continue until March 31, 2013.  O. Reg. 367/11, s. 132.
Consultation before director vacancy filled, s. 134 (2) of the Act
 133. The following are prescribed as consultation requirements that are alternatives to what would otherwise be required under subsection 134 (2) of the Act: 1. Before appointing a replacement of a director selected under paragraph 6 of subsection 128 (2) of the Act, the board of directors may consult, or make reasonable efforts to consult, with an organization that represents the interests of dssab service managers, the City of Toronto and an organization that represents the interests of municipalities. 2. Before appointing a replacement of a director selected under paragraph 7 of subsection 128 (2) of the Act, the board of directors may consult, or make reasonable efforts to consult, with an organization that represents the interests of housing providers that are non-profit corporations. 3. Before appointing a replacement of a director selected under paragraph 8 of subsection 128 (2) of the Act, the board of directors may consult, or make reasonable efforts to consult, with an organization that represents the interests of non-profit housing co-operatives.  O. Reg. 367/11, s. 133.