Regulations
9. (1) The Lieutenant Governor in Council may make regulations, (a) defining any word or expression used in this Act that has not already been expressly defined in this Act; (b) prescribing programs in relation to housing accommodation that are in existence on August 21, 1997 for the purpose of clause 2 (1) (c); (c) prescribing housing projects and parts of housing projects that are in existence on August 21, 1997 for the purpose of clause 2 (1) (d); (d) prescribing housing projects, parts of housing projects and housing categories for the purpose of subsection 2 (3); (e) governing the determination of the amount of provincial social housing costs, as described in clause 4 (1) (a); (f) governing the determination of the amount to be recovered under this Act, as described in clause 4 (1) (b); (g) prescribing billing periods for the purpose of subsection 4 (1); (h) prescribing an allocation formula for the purpose of subsection 4 (3); (i) prescribing boards and agencies with social service responsibilities for the purpose of paragraph 4 of subsection 4 (4); (j) prescribing times for the purpose of subsection 5 (1); (k) prescribing other information for the purpose of clause 5 (1) (c); (l) prescribing a method of determining the apportionment among lower-tier municipalities of amounts allocated to their upper-tier municipality under section 4, and prescribing the manner in which upper-tier municipalities may recover the apportioned amounts. General or specific (2) A regulation made under clause (1) (h), (i) or (l) may be general or specific in its application. Retroactive regulation under clause (1) (d) (3) A regulation made under clause (1) (d) is, if it so provides, effective with reference to a period before it is filed. Same, refund or credit of amounts paid (4) If a regulation under clause (1) (d) is made effective with reference to a period before it is filed, the Minister of Finance may refund or credit to an entity referred to in subsection 4 (4) any amounts paid by it with respect to costs incurred during the period and attributable to the prescribed housing project, part of a housing project or housing category. Same (5) The allocation formula prescribed under clause (1) (h) may, (a) provide for the determination of the total amount to be allocated to municipalities that are situated within a county but that do not form part of the county for municipal purposes and to the county and provide for the apportionment of that total amount among the municipalities and the county in accordance with an agreement between them or with an arbitration decision, subject to the prescribed conditions; (b) authorize agreements for the purposes of clause (a); (c) provide for an arbitration process for the purposes of clause (a); (d) set out any other method of determining the amounts to be allocated to municipalities that are situated within a county but do not form part of the county for municipal purposes and to the county. Apportionment (6) A regulation under clause (1) (l) may do one or more of the following: 1. Authorize lower-tier municipalities situated in an upper-tier municipality to determine by agreement with the upper-tier municipality how the amounts allocated to the upper-tier municipality are to be apportioned among the lower-tier municipalities, subject to the prescribed conditions. 2. Provide for an arbitration process for determining how the amounts allocated to the upper-tier municipality are to be apportioned among the lower-tier municipalities. 3. Set out the manner in which an amount allocated to an upper-tier municipality is to be apportioned among its lower-tier municipalities. Same (7) A regulation under clause (5) (a) or under paragraph 1 or 2 of subsection (6) may, (a) provide for the manner in which amounts are to be apportioned and for the time and manner in which they are to be paid, on an interim basis, until such time as an agreement is reached or as a determination is made by arbitration; (b) permit an agreement or the arbitration decision to apply to amounts paid or owing before the agreement or the arbitration decision is reached; and (c) provide for the reconciliation of amounts paid on an interim basis. 1997, c. 30, Sched. F, s. 9. ______________ Français