jswizzle3737/ontario_laws_and_regs huggingface dataset:
PART I PRELIMINARY
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Interpretation
 1. In this Regulation, “fiscal year” means the fiscal year of the housing provider; (“exercice”) “housing projects” means Part VII housing projects in the service area of the relevant service manager. (“ensembles domiciliaires”)  O. Reg. 369/11, s. 1.
Regulation provides for subsidies, s. 78 of the Act
 2. This regulation provides for the subsidies a service manager is required to pay to a housing provider under section 78 of the Act.  O. Reg. 369/11, s. 2.
Subsidies for Part VII housing projects in service area
 3. A service manager is only required to pay a subsidy to a housing provider that operates a Part VII housing project in the service manager’s service area.  O. Reg. 369/11, s. 3. Part II   Determination of subsidy
PART II DETERMINATION OF SUBSIDY
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Application of Part
 4. This Part applies with respect to the subsidy that a service manager pays a housing provider unless the housing provider is set out in the Schedule opposite the service manager.  O. Reg. 369/11, s. 4.
Determination under this Part
 5. The amount of the subsidy for a fiscal year that a service manager shall pay a housing provider shall be determined using the following formula, IBOpCosts + SMCosts – IBRev + RGISub + PTx – Sur in which, “IBOpCosts”  is the provider’s indexed benchmark operating costs for the fiscal year in respect of its housing projects determined under section 6, “SMCosts”  is the provider’s shelter mortgage costs for the fiscal year in respect of its housing projects determined under section 15, “IBRev”  is the provider’s indexed benchmark revenue for the fiscal year in respect of its housing projects determined under section 7, “RGISub”  is the provider’s rent-geared-to-income subsidy for the fiscal year in respect of its housing projects determined under section 8, “PTx”  is the property taxes payable by the provider for the fiscal year in respect of its housing projects, and “Sur”  is the amount equal to 50 per cent of the provider’s surplus for the fiscal year in respect of its housing projects determined under section 9, or such lesser amount as the service manager may determine. O. Reg. 369/11, s. 5.
Indexed benchmark operating costs
 6. (1) For the purposes of section 5, the housing provider’s indexed benchmark operating costs for a fiscal year in respect of its housing projects is the amount determined by, (a)  calculating the indexed benchmark operating cost for the fiscal year for each item listed in 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 under subsection (2) or (3), (ii)  adding one to the number determined under subclause (i), and (iii)  multiplying the indexed benchmark operating cost for the item for the prior 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.   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   Market rent index, as determined under section 10.  

  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. 369/11, s. 6 (1). (2) For the purposes of subclause (1) (a) (i), the operating cost index for an item listed in the Table to subsection (1), other than for item 3, is determined by, (a)  dividing the index listed in the Table opposite the item for May of the calendar year before the year in which the fiscal year begins by that index for May of the calendar year before that; (b)  subtracting one from the number determined under clause (a); (c)  expressing the number determined under clause (b) as a percentage.  O. Reg. 369/11, s. 6 (2). (3) For the purposes of subclause (1) (a) (i), the operating cost index for item 3 of the Table to subsection (1) is the market rent index determined under section 10.  O. Reg. 369/11, s. 6 (3). (4) To reflect a change in the circumstances of a housing provider, the Minister may, after consulting with the housing provider and the service manager, determine a different indexed benchmark operating cost for the fiscal year for an item to be used instead of what would otherwise be calculated under clause (1) (a).  O. Reg. 369/11, s. 6 (4).
Indexed benchmark revenue
 7. (1) For the purposes of section 5, the housing provider’s indexed benchmark revenue for a fiscal year in respect of its housing projects is the amount determined using the following formula, IBRev(MarkRent) – IBVacLoss + BNonrentRev in which, “IBRev(MarkRent)”  is the provider’s indexed benchmark revenue for market rent for the fiscal year in respect of its housing projects determined under subsection (2), “IBVacLoss”  is the provider’s indexed benchmark vacancy loss for the fiscal year in respect of its housing projects determined under subsection (3), and “BNonrentRev”  is the provider’s benchmark non-rental revenue for the prior fiscal year. O. Reg. 369/11, s. 7 (1). (2) For the purposes of subsection (1), the housing provider’s indexed benchmark revenue for market rent for a fiscal year in respect of its housing projects is the amount determined by, (a)  expressing as a decimal number the market rent index determined under section 10; (b)  adding one to the number determined under clause (a); and (c)  multiplying the provider’s indexed benchmark revenue for market rent for the prior fiscal year by the number determined under clause (b).  O. Reg. 369/11, s. 7 (2). (3) For the purposes of subsection (1), the housing provider’s indexed benchmark vacancy loss for a fiscal year in respect of its housing projects is the amount determined by, (a)  expressing as a decimal number the market rent index determined under section 10; (b)  adding one to the number determined under clause (a); and (c)  multiplying the provider’s indexed benchmark vacancy loss for the prior fiscal year by the number determined under clause (b).  O. Reg. 369/11, s. 7 (3). (4) To reflect a change in the circumstances of a housing provider, the Minister may, after consulting with the housing provider and the service manager, (a)  determine a different benchmark non-rental revenue for the fiscal year instead of what would otherwise be used in the formula under subsection (1); or (b)  determine a different amount for the fiscal year to be used instead of what would otherwise be calculated under subsection (2) or (3).  O. Reg. 369/11, s. 7 (4).
Rent-geared-to-income subsidy
 8. (1) For the purposes of section 5, the housing provider’s rent-geared-to-income subsidy for a fiscal year in respect of its housing projects is the amount determined using the following formula, MarkRent – RGIRent in which, “MarkRent”  is the lesser of, (a)  the total of the provider’s indexed benchmark market rent, determined under subsection (2), for the fiscal year from the rent-geared-to-income units in the provider’s housing projects, and (b)  the total of what the rent would be for the fiscal year from the rent-geared-to-income units if no rent-geared-to-income assistance was given in respect of those units, and “RGIRent”  is the rent payable to the provider for the fiscal year by the households accommodated in those rent-geared-to-income units. O. Reg. 369/11, s. 8 (1). (2) For the purposes of subsection (1), the total of a housing provider’s indexed benchmark market rent for a fiscal year from rent-geared-to-income units in its housing projects is the amount determined by, (a)  expressing as a decimal number the market rent index determined under section 10; (b)  adding one to the number determined under clause (a); and (c)  multiplying the number determined under clause (b) by the total of the provider’s indexed benchmark market rent for the prior fiscal year.  O. Reg. 369/11, s. 8 (2). (3) To reflect a change in the circumstances of a housing provider, the Minister may, after consulting with the housing provider and the service manager, determine a different total indexed benchmark market rent for the fiscal year to be used instead of what would otherwise be calculated under subsection (2). O. Reg. 148/16, s. 1.
Surplus
 9. (1) For the purposes of section 5, the housing provider’s surplus for a fiscal year in respect of its housing projects is the amount determined under this section.  O. Reg. 369/11, s. 9 (1). (2) If the housing provider’s accumulated surplus in respect of its housing projects, determined under subsection (6), at the beginning of the fiscal year or the beginning of any previous fiscal year for which the service manager paid the housing provider a subsidy under section 78 of the Act or section 102 of the former Act is equal to or greater than the product of $300 multiplied by the number of units in the provider’s housing projects at the beginning of the fiscal year or that previous fiscal year, as the case may be, the provider’s surplus for the fiscal year is the provider’s net operating income for its housing projects for the fiscal year determined under subsection (5).  O. Reg. 369/11, s. 9 (2). (3) If subsection (2) does not apply and if the amount determined using the following formula is positive, the housing provider’s surplus for the fiscal year is the amount determined using the following formula, NetOpInc + AccSur – Amt($300) in which, “NetOpInc”  is the provider’s net operating income for its housing projects for the fiscal year determined under subsection (5), “AccSur”  is the provider’s accumulated surplus in respect of its housing projects at the beginning of the fiscal year determined under subsection (6), and “Amt($300)”  is the product of $300 multiplied by the average number of the housing provider’s units in the fiscal year. O. Reg. 369/11, s. 9 (3). (4) If neither subsection (2) nor (3) applies for the fiscal year, the housing provider’s surplus for the fiscal year is nil.  O. Reg. 369/11, s. 9 (4). (5) For the purposes of this section, the net operating income of a housing provider for a fiscal year for its housing projects is the amount by which its revenue for the fiscal year from those projects determined under subsection 16 (1), exceeds its operating costs for the fiscal year with respect to those projects determined under subsection 16 (2).  O. Reg. 369/11, s. 9 (5). (6) For the purposes of this section, a housing provider’s accumulated surplus in respect of its housing projects at the beginning of a fiscal year is the portion of its retained earnings at the end of the previous fiscal year determined in accordance with generally accepted accounting principles as they apply to social housing, that can reasonably be considered to be derived from its housing projects.  O. Reg. 369/11, s. 9 (6).
Market rent index
 10. (1) For the purposes of sections 6, 7 and 8, the market rent index applicable for a fiscal year to a housing provider’s housing projects 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. 369/11, s. 10 (1). (1.1) Despite subsection (1), for the purposes of sections 6, 7 and 8, the market rent index applicable to a housing provider’s housing projects for a fiscal year that begins in 2021 is the lesser of, (a)  the guideline determined under subsection 120 (3.1) of the Residential Tenancies Act, 2006
rather than the guideline published in The Ontario Gazette on August 29, 2020; and (b)  the percentage change in the average rent for rental units, as determined under subsection (2). O. Reg. 713/20, art. 1. (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: (AvRentRecent/AvRentPrior – 1) × 100 in which, “AvRentRecent”  is the number indicated in the edition of the Rental Market Report for fall of the second calendar year before the year in which the fiscal year begins, 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 “AvRentPrior”  is the number indicated in the report published one year before the report referred to in “AvRentRecent” that corresponds to the number determined under “AvRentRecent”. O. Reg. 369/11, s. 10 (2). (3) If the Rental Market Report does not provide data required for the calculation of “AvRentRecent” or “AvRentPrior”, then “AvRentRecent” or “AvRentPrior”, 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. 369/11, s. 10 (3). Part III   Determination of subsidy — certain rent-geared-to-income projects
PART III DETERMINATION OF SUBSIDY — CERTAIN RENT-GEARED-TO-INCOME PROJECTS
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Application of Part
 11. This Part applies with respect to the subsidy that a service manager pays a housing provider if the housing provider is set out in the Schedule opposite the service manager.  O. Reg. 369/11, s. 11.
Determination under this Part
 12. Subject to section 12.1, if this Part applies, the amount of the subsidy for a fiscal year that a service manager shall pay a housing provider shall be determined using the following formula, IBOpCosts + SMCosts – Rev + PTx – Sur in which, “IBOpCosts”  is the provider’s indexed benchmark operating costs for the fiscal year in respect of its housing projects determined under section 13, “SMCosts”  is the provider’s shelter mortgage costs for the fiscal year in respect of its housing projects determined under section 15, “Rev”  is the provider’s revenue for the fiscal year in respect of its housing projects determined under subsection 16 (1), “PTx”  is the property taxes payable by the provider for the fiscal year in respect of its housing projects, and “Sur”  is the amount equal to 50 per cent of the provider’s surplus for the fiscal year in respect of its housing projects determined under section 14, or such lesser amount as the service manager may determine. O. Reg. 369/11, s. 12; O. Reg. 28/18, s. 1.
Same, partial fiscal year
 12.1 Where a housing provider is added to the Schedule opposite a service manager during a fiscal year, the following rules apply with respect to the determination of the amount of the subsidy that the service manager is required to pay the housing provider for that fiscal year: 1.  This Part applies on and after the day the housing provider is added to the Schedule opposite the service manager. 2.  The amount of the subsidy is equal to the amount determined using the formula in section 12 for the fiscal year, prorated by the number of days in that fiscal year during which this Part applies to the housing provider. O. Reg. 28/18, s. 2.
Surplus
 14. (1) For the purposes of section 12, the housing provider’s surplus for a fiscal year in respect of its housing projects is the amount determined under this section.  O. Reg. 369/11, s. 14 (1). (2) If the housing provider’s accumulated surplus in respect of its housing projects, determined under subsection (5), at the beginning of the fiscal year or the beginning of any previous fiscal year for which the service manager paid the housing provider a subsidy under section 78 of the Act or section 102 of the former Act is equal to or greater than the product of $300 multiplied by the number of units in the provider’s housing projects at the beginning of the fiscal year or that previous fiscal year, as the case may be, the provider’s surplus for the fiscal year is the amount determined using the following formula: IBOpCosts – OpCosts in which, “IBOpCosts”  is the provider’s indexed benchmark operating costs for the fiscal year in respect of its housing projects determined under section 13, and “OpCosts”  is the provider’s operating costs for the fiscal year in respect of its housing projects determined under subsection 16 (2). O. Reg. 369/11, s. 14 (2). (3) If subsection (2) does not apply and if the amount determined using the following formula is positive, the housing provider’s surplus for the fiscal year is the amount determined using the following formula, IBOpCosts – OpCosts + AccSur – Amt($300) in which, “IBOpCosts”  is the provider’s indexed benchmark operating costs for the fiscal year in respect of its housing projects determined under section 13, “OpCosts”  is the provider’s operating costs for the fiscal year in respect of its housing projects determined under subsection 16 (2), “AccSur”  is the provider’s accumulated surplus in respect of its housing projects at the beginning of the fiscal year determined under subsection (5), and “Amt($300)”  is the product of $300 multiplied by the average number of the housing provider’s units in the fiscal year. O. Reg. 369/11, s. 14 (3). (4) If neither subsection (2) nor (3) applies for the fiscal year, the housing provider’s surplus for the fiscal year is nil.  O. Reg. 369/11, s. 14 (4). (5) For the purposes of this section, a housing provider’s accumulated surplus in respect of its housing projects at the beginning of a fiscal year is the portion of its retained earnings at the end of the previous fiscal year determined in accordance with generally accepted accounting principles as they apply to social housing, that can reasonably be considered to be derived from its housing projects.  O. Reg. 369/11, s. 14 (5). Part IV   Common rules
PART IV COMMON RULES
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Shelter mortgage costs
 15. For the purposes of sections 5 and 12, the housing provider’s shelter mortgage costs for a fiscal year in respect of its housing projects 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 in respect of those projects; and (b)  applicable to the portions of those housing projects that are used for residential accommodation and ancillary functions, including meeting rooms, recreational facilities, laundry facilities, parking areas and exterior grounds.  O. Reg. 369/11, s. 15; O. Reg. 231/21, s. 1.
Revenue and operating costs
 16. (1) For the purposes of sections 9 and 12, the revenue of a housing provider for a fiscal year with respect to its housing projects 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 facilities used for ancillary purposes. 3.  Revenue derived from the use of parking areas, exterior grounds, external building walls and roofs.  O. Reg. 369/11, s. 16 (1). (2) For the purposes of this Regulation, a housing provider’s operating costs for a fiscal year from its housing projects is the total 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.  Administration and maintenance expenses. 2.  Insurance premiums. 3.  Bad debt expenses. 4.  Utility costs, including electricity, fuel, water and sewer charges. 5.  Contributions to the housing provider’s capital reserve.  O. Reg. 369/11, s. 16 (2). (3) For the purposes of this section, gifts and donations made to a housing provider are not revenue of the housing provider.  O. Reg. 369/11, s. 16 (3).
Calculations, rounding off
 17. (1) All amounts that are not whole numbers that are used in calculations under this Regulation or that result from calculations under this Regulation must be rounded to two decimal places, unless otherwise indicated.  O. Reg. 369/11, s. 17 (1). (2) Subsection (1) does not apply when a percentage is expressed as a decimal number.  O. Reg. 369/11, s. 17 (2). Part V   Transition and Commencement
PART V TRANSITION AND COMMENCEMENT
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Housing providers to which part iii applies (section 11)
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