Apportionment of Municipal Service Manager’s Housing Costs other than GTA Service Manager’s Housing Costs
14. (1) If an arbitration is commenced or is deemed to be commenced under section 12 or 13 but an arbitrator has not yet been appointed and an arbitration involving the same parties is commenced or is deemed to be commenced under one or more of the provisions listed in subsection (2) but an arbitrator has not yet been appointed, (a) one arbitrator shall be appointed for all of those arbitrations; and (b) those arbitrations shall be held as one arbitration. O. Reg. 642/00, s. 14 (1). (2) Subsection (1) applies with respect to: 1. Paragraph 2 of subsection 18 (3) and subsection 18 (4) of the Day Nurseries Act. 2. Paragraph 2 of subsection 55 (8) and subsection 55 (9) of the Ontario Disability Support Program Act, 1997. 3. Paragraph 2 of subsection 74 (7) and subsection 74 (8) of the Ontario Works Act, 1997. 4. Paragraph 2 of subsection 13 (2) and subsection 13 (3) of Schedule D to the Social Assistance Reform Act, 1997. O. Reg. 642/00, s. 14 (2). (3) An arbitration under subsection (1) is governed by the Arbitration Act, 1991, subject to the following rules: 1. The parties may jointly appoint a single arbitrator on or after the day the arbitrations are consolidated. 2. If the parties are entitled to appoint an arbitrator jointly but have not done so, the Superior Court of Justice may make the appointment on a party’s application under section 10 of the Arbitration Act, 1991. 3. The arbitrator shall make a final award that disposes of the issue within three months after being appointed. 4. The date by which the arbitrator is required to make a final award shall not be extended by a court, despite section 39 of the Arbitration Act, 1991. However, that date may be extended by agreement of the parties. 5. The final award shall apportion the amount of the municipal service manager’s housing costs among the parties, i. in accordance with the percentages set out in the final award, or ii. so that each party is responsible for the portion of the amount of the municipal service manager’s housing costs incurred or to be incurred with respect to housing in the area over which the party has municipal jurisdiction. 6. The arbitration shall not deal with provincial social housing costs under the Social Housing Funding Act, 1997 that are recoverable from an entity that is the municipal service manager party to the arbitration and that were incurred before the day on which Part VII of the Act comes into force. 7. The final award may be effective with respect to a period or periods before it is made and, in that case, shall provide for a monetary reconciliation among the parties, but this paragraph does not authorize the final award to be effective with respect to a period or periods that begin before the day on which Part VII of the Act comes into force. 8. A party may appeal the final award to the Superior Court of Justice only on a question of law, with leave, which the court shall grant only if it is satisfied that the conditions in clauses 45 (1) (a) and (b) of the Arbitration Act, 1991 are met. No appeal lies on a question of fact or of mixed law and fact, despite any agreement by the parties. 9. At any time during the arbitration, the parties may enter into an agreement under section 9 that includes an agreement apportioning among the parties that part of the costs of the arbitration attributable to the municipal service manager’s housing costs, in which case that part of the arbitration terminates. 10. The parties may, at any time, amend that part of the final award concerning municipal service manager’s housing costs by agreement or replace that part of the award with an agreement under section 9. 11. That part of the final award in the consolidated arbitration attributable to the municipal service manager’s housing costs comes into effect in accordance with subsection 12 (2) or 13 (3), as the case may be. O. Reg. 642/00, s. 14 (3).