jswizzle3737/ontario_laws_and_regs huggingface dataset:
1. In this Regulation, “architect” means an architect who is a member in good standing of the Ontario Association of Architects; (“architecte”) “fiscal year”, of a corporation, means the period designated by the Minister as the fiscal year of the corporation; (“exercice”) “professional engineer” means a professional engineer who is a member in good standing of the Association of Professional Engineers of the Province of Ontario. (“ingénieur”)  R.R.O. 1990, Reg. 314, s. 1.
2. A municipality or an approved corporation that applies for or receives a grant under section 4 or 5 of the Act shall, if requested by the Minister, file with the Minister evidence that all or any part of a building or buildings used or to be used as an approved centre complies with, (a) the laws affecting the health of inhabitants of the municipality in which the centre is located; (b) any rule, regulation, direction or order of the local board of health and any direction or order of the medical officer of health; (c) any by-law of the municipality in which the centre is located or other law for the protection of persons from fire hazards; (d) any land use by-law passed by the municipality in which the centre is located under Part V of the Planning Act or any predecessor thereof; (e) the requirements of the building code made under the Building Code Act; and (f) the requirements of the electrical safety code made under the Electricity Act, 1998.  R.R.O. 1990, Reg. 314, s. 2; O. Reg. 148/99, s. 1.
3. (1) For the purposes of this section and sections 4, 5, 6 and 7, “actual cost” means the cost of a building project and includes, (a) fees payable for the services of an architect, professional engineer, or other consultant, (b) the cost of purchasing and installing furnishings and equipment, (c) the cost of land surveys, soil tests, permits, licences and legal fees, (d) the cost of paving, sodding and landscaping, and (e) the cost of acquiring the land necessary for the building project; (“coût réel”) “applicant for a capital grant” means a municipality or an approved corporation that is applying or has applied for a grant under subsection 4 (1) of the Act for the erection, alteration, extension, renovation, acquisition or the furnishing and equipping of a centre; (“auteur d’une demande de subvention d’immobilisation”) “approved cost” means that portion of the actual cost of a building project approved by the Minister; (“coût approuvé”) “building project” means a project composed of one or more of the following elements: (a) for the purchase or other acquisition of all or any part of an existing building or buildings including the land contiguous thereto, (b) any renovations, alterations or additions to an existing building or buildings, (c) the purchase or other acquisition of vacant land for the purpose of constructing a building or buildings thereon, (d) the erection of a new building, or any part thereof, (e) the demolition of a building, (f) the installation of public utilities, sewers and items or services necessary for access to the land or building or buildings. (“projet de construction”) (2) The amount of capital grant payable under the Act for a building project of a municipality or an approved corporation shall be equal to 30 per cent of the approved cost of the building project.  R.R.O. 1990, Reg. 314, s. 3.
4. (1) An application for a capital grant shall be made to the Minister on a form provided by the Minister. (2) An applicant who applies under subsection (1) shall file with the Minister two copies of a site plan showing the location of the building or buildings, if any, on the site and, in the case of a building project with one or more of the elements referred to in clause (a), (b), (d) or (f) of the definition of “building project” in subsection 3 (1), (a) building plans and specifications prepared by an architect or professional engineer showing the structure, fixtures and arrangements of the building or buildings and describing the areas of the building or buildings to be used for the purposes of the Act; or (b) where the Minister approves structural sketches and specifications prepared by a person other than an architect or professional engineer describing the building or buildings and the areas of the building or buildings or contiguous to the building or buildings to be used for the purposes of the Act. (3) No plan, specification or structural sketch filed with the Minister shall be amended or altered without the approval of the Minister.  R.R.O. 1990, Reg. 314, s. 4.
5. (1) No payment of a capital grant shall be made for a building project except where, (a) the building project has been approved by the Minister; and (b) the approved cost has been determined. (2) An approval of a building project by the Minister referred to in subsection (1) expires on the first anniversary of the date upon which the approval is given unless the building project has been commenced before such anniversary date. (3) A capital grant may be paid as a single payment or in two or more instalments and, except where the Minister directs otherwise, the aggregate of the amounts of the capital grant paid at any point in time shall not exceed the greater of, (a) an amount that bears the same proportion to the estimated total payment as the amount of progress made at the time towards completion of the project bears to the total estimated amount of work required for completion; and (b) an amount that bears the same proportion to the estimated total payment as the amount of cost incurred at the time bears to the total estimated cost of the project. (4) A single payment, or in the case of payment in two or more instalments, the final payment of an amount payable for a building project shall not be made until, (a) an architect or professional engineer certifies, or the Minister is otherwise satisfied, that the building project has been completed in accordance with the plans filed under clause 4 (2) (a) or the sketches thereof approved by the Minister under clause 4 (2) (b) and the building or addition is ready for use and occupancy; and (b) the applicant for the payment submits a report containing, (i) a statement of the actual cost of the building project, (ii) a statement indicating that all refundable sales tax has been taken into account, (iii) a statement indicating that the total amount of the unpaid accounts applicable to the building project does not exceed the amount of the grant remaining to be paid, and (iv) an undertaking that the amount of the grant remaining to be paid will be applied first to the payment of the unpaid accounts, and, where the applicant is an approved corporation, an authorized officer of the board of directors of the approved corporation certifies that the council of the municipality in which the centre is situate, or the council of that municipality together with the councils of one or more contiguous municipalities, has directed payment to the corporation of an amount equal to at least 20 per cent of the actual cost of the building project, or contributed to the corporation real or personal property, approved by the Minister, that is equivalent in value to at least 20 per cent of the actual cost of the building project.  R.R.O. 1990, Reg. 314, s. 5.
6. No applicant for or recipient of a capital grant for a building project shall, without the written approval of the Minister, (a) acquire a building or land for the building project; (b) call tenders for the building project; (c) commence construction of the building project; or (d) erect any temporary or permanent sign, tablet or plaque on the site or building project.  R.R.O. 1990, Reg. 314, s. 6.
7. It is a term and condition of a payment of a capital grant under the Act in respect of a building, buildings or land forming part of a building project that the applicant for payment shall enter into an agreement with the Minister in which the applicant shall, (a) agree not to change the site, structure, use of or sell, agree to sell, lease, mortgage, encumber, donate or otherwise dispose of all or any part of the building, buildings or land without the approval of the Minister; (b) agree not to demolish or make alterations or additions to all or any part of the building or buildings without the approval of the Minister; and (c) agree to reimburse the Ministry in the same ratio as the Ministry’s contribution to the acquisition of the building, buildings or land, the construction of the building or buildings or the renovations upon termination of the agreement or where there is a contravention of any term of the agreement or where a circumstance set out in clause (a) or (b) takes place.  R.R.O. 1990, Reg. 314, s. 7.
8. Expenditures incurred by a municipality or an approved corporation for furnishings or equipment that are not replacements or for repairs to or maintenance of a capital asset that, (a) are approved by the Minister as capital expenditures; (b) are, in the opinion of the Minister, necessary for the efficient operation of an approved centre and the cost of which is not excessive for the purpose; and (c) are in excess of $3,000, are capital expenditures for which a grant may be paid under subsection 4 (1) of the Act upon application by the municipality or the approved corporation in an amount equal to 30 per cent of the approved expenditures incurred.  R.R.O. 1990, Reg. 314, s. 8; O. Reg. 391/08, s. 1.
9. A municipality or an approved corporation shall in respect of every approved centre operated by it keep and maintain a current inventory of all furnishings and equipment acquired by the centre and the inventory shall set forth each addition to or removal from inventory and the reasons therefor and shall be prepared in such manner and contain such additional information as the Director may require.  R.R.O. 1990, Reg. 314, s. 9.
10. (1) An application by a municipality or an approved corporation for payment of the subsidy under subsection 4 (2) of the Act shall be made in a form provided by the Minister and may be submitted monthly, quarter-yearly, half-yearly or yearly and shall be submitted to the Director not later than the last day of the month immediately following the period for which the application is made.  R.R.O. 1990, Reg. 314, s. 10 (1). (2) Subject to subsections (3) and (4), the monthly amount to be paid under subsection 4 (2) of the Act shall be up to 50 per cent of the net monthly cost to the municipality or approved corporation of maintaining and operating its approved centre or centres, determined in accordance with the form referred to in subsection (1).  R.R.O. 1990, Reg. 314, s. 10 (2). (3) In respect of expenditures incurred on and after April 1, 2008, the amount to be paid in a fiscal year under subsection 4 (2) of the Act for any approved centre maintained and operated by a municipality or approved corporation shall not exceed, (a) $32,000, for the period beginning on April 1, 2008 and ending on March 31, 2010; and (b) $42,700, after March 31, 2010.  O. Reg. 391/08, s. 2. (4) In determining the maximum net monthly expenditure under subsection (2), (a) the Director may average the expenditure for any approved centre by the municipality or approved corporation, as the case may be, over the fiscal year of the approved centre or approved corporation; (b) the cost of rent or the monthly amount repaid for principal and interest under a mortgage in respect of an approved centre for which a capital grant has been paid under subsection 4 (1) of the Act shall not be included.  R.R.O. 1990, Reg. 314, s. 10 (4).
11. The sum payable by a municipality or municipalities to an approved corporation under subsection 4 (2) of the Act shall be equal to, (a) for corporations that are approved under subsection 2 (1) of the Act on or after April 1, 2008, at least 20 per cent of the net monthly cost to the approved corporation of maintaining and operating its approved centre or centres determined in accordance with the form referred to in subsection 10 (1); and (b) for corporations that were approved under subsection 2 (1) of the Act before April 1, 2008, at least 20 per cent of the net monthly cost to the approved corporation in the 2007-2008 fiscal year of maintaining and operating its approved centre or centres determined in accordance with the form referred to in subsection 10 (1).  O. Reg. 391/08, s. 3.
12. It is a term and condition of payment of a grant under subsection 4 (2) of the Act that the net monthly cost of maintaining and operating an approved centre for the purposes of the form referred to in subsection 10 (1) be approved by the Director.  R.R.O. 1990, Reg. 314, s. 12.
13. A grant may be paid under section 5 of the Act to a municipality or to an approved corporation for costs of a program of services for elderly persons in an approved centre, but in no case shall the total grant under section 5 of the Act exceed $15,000 for any approved centre for any fiscal year.  R.R.O. 1990, Reg. 314, s. 13.
14. A municipality or an approved corporation shall in respect of every approved centre operated by it, (a) provide a program of services approved by the Minister; (b) provide, when requested by the Director, a letter from the local fire chief stating that the premises meet all the requirements of any statute, regulation or by-law for the protection from fire of persons using the premises; (c) establish requirements and policies for the admission of elderly persons to the facilities and services of a centre that are satisfactory to the Director; (d) keep separate books of account, (i) setting forth the revenue and expenditures of the centre, (ii) containing a separate record of the money received by the centre from sources other than under the Act, and (iii) that are audited at least once a year by a licensed public accountant in the case of the approved corporation and an auditor licensed and appointed in accordance with the Municipal Act in the case of the municipality, and each book of account shall be retained for at least six years from the date of the last entry in a book for a particular year; (e) furnish to the Director not later than the last day of the fourth month following the end of each fiscal year the financial statement of the centre for the immediately preceding fiscal year, together with a report of a licensed public accountant in the case of the approved corporation or of an auditor licensed in accordance with the Municipal Affairs Act and appointed in accordance with the Municipal Act in the case of the municipality, stating whether in the person’s opinion, (i) the person has received all the information and explanations the person has required, (ii) the financial statement and the claims for provincial subsidy are in accordance with the books and records of the centre and approved corporation, as the case may be, (iii) the calculation of the provincial subsidy is in accordance with the regulations, and (iv) the financial statement has been prepared in accordance with generally accepted accounting principles applied on a basis consistent with that of the preceding year, and such other financial and statistical information as the Director may require.  R.R.O. 1990, Reg. 314, s. 14.  Français