jswizzle3737/ontario_laws_and_regs huggingface dataset:
Apportionment by municipal service manager
129. (1) A municipal service manager that has one or more independent municipalities in its service area shall apportion the amount of its housing costs calculated under subsection 128 (1) among itself and the independent municipalities in accordance with the regulations. 2000, c. 27, s. 129 (1). Notice to municipalities (2) A municipal service manager shall give each of the independent municipalities a written notice for each billing period setting out, (a) the amount apportioned to the municipality for the billing period; (b) the date the amount is payable; and (c) such other information as may be prescribed. 2000, c. 27, s. 129 (2). Same (3) The notice must be given on or before the date the amount is payable. 2000, c. 27, s. 129 (3). Payment (4) Each independent municipality shall pay the amount set out in the notice to the municipal service manager in accordance with the notice. 2000, c. 27, s. 129 (4).
Apportionment by dssab service manager
130.  (1) A dssab service manager shall apportion the amount of its housing costs calculated under subsection 128 (1) between the municipalities within its service area and the territory without municipal organization in its service area and shall do so in accordance with the regulations. 2000, c. 27, s. 130 (1). Same (2) After making the apportionment required by subsection (1) to the municipalities as a group, the dssab service manager shall further apportion the group apportionment among the municipalities and shall do so in accordance with the regulations. 2000, c. 27, s. 130 (2). Payment (3) Each municipality shall pay the amount apportioned to it under subsection (2) to the dssab service manager on demand. 2000, c. 27, s. 130 (3). Same (4) The Minister shall pay to the dssab service manager, in accordance with the regulations, (a) the amount apportioned to the territory without municipal organization under subsection (1); and (b) the amounts prescribed for the purposes of subsection 127 (2) that are incurred or to be incurred by the dssab service manager in respect of housing programs prescribed for the purposes of subsection 122 (1) with respect to a municipality that is deemed to be territory without municipal organization under a regulation made under subsection (7). 2000, c. 27, s. 130 (4). Same (5) If an amount paid under subsection (4) includes estimates of costs still to be incurred, (a) the dssab service manager shall pay to the Minister, in accordance with the regulations, the amount by which the estimates of costs still to be incurred exceed the actual costs; and (b) the Minister shall pay to the dssab service manager, in accordance with the regulations, the amount by which the estimates of costs still to be incurred are less than the actual costs. 2000, c. 27, s. 130 (5). Collection, territory without municipal organization (6) The amount apportioned under subsection (1) to the territory without municipal organization may be collected under the Provincial Land Tax Act, 2006 as if it was tax imposed under that Act on land in the territory. 2006, c. 33, Sched. Z.3, s. 30 (1). Deeming (7) A regulation may specify that a municipality shall be deemed to be territory without municipal organization for the purposes of subsections (1) to (5). 2000, c. 27, s. 130 (7); 2006, c. 33, Sched. Z.3, s. 30 (2).
Recalculation of housing costs
131. (1) If an amount determined under subsection 128 (1) includes estimates of costs still to be incurred, the service manager shall recalculate the amount when the actual costs become known and shall make the necessary adjustment in the amount payable by the affected municipalities. 2000, c. 27, s. 131 (1). Other adjustments (2) If a service manager is of the opinion that an adjustment is required to a determination under section 128 or to an apportionment under section 129 or 130, as the case may be, or to both, the service manager may review the matter and make the necessary adjustment in the amount payable by the affected municipalities. 2000, c. 27, s. 131 (2). Determination final (3) Subject to subsections (1) and (2), the service manager’s determination and apportionment are final. 2000, c. 27, s. 131 (3). Notice of adjustment (4) A service manager that makes an adjustment under subsection (1) or (2) shall give the affected municipality notice of the adjustment. 2000, c. 27, s. 131 (4). Refund or credit (5) If an amount apportioned to a municipality is reduced as a result of an adjustment under subsection (1) or (2), the service manager shall, (a) pay the difference to the municipality; or (b) subtract the difference from the amount apportioned to the municipality for the next billing period or, if the service manager is a dssab service manager, from a future amount apportioned to the municipality as determined by the service manager. 2000, c. 27, s. 131 (5). Additional payment (6) If an amount apportioned to a municipality is increased as a result of an adjustment under subsection (1) or (2), the municipality shall pay the difference to the service manager in accordance with the notice. 2000, c. 27, s. 131 (6).
Interest and penalties
132.  (1) If an independent municipality does not pay a municipal service manager the amount payable under a notice given under section 129 or 131, the service manager may charge the municipality interest and penalties in accordance with the regulations. 2000, c. 27, s. 132 (1). Same (2) If a municipality within a dssab service manager’s service area does not pay the service manager the amount payable under section 130 or 131, the service manager may charge the municipality interest and penalties in accordance with the regulations. 2000, c. 27, s. 132 (2).
Collection of amounts owing
133.  (1) An amount apportioned to a municipality is a debt of the municipality owing to the service manager, and the debt together with any interest or penalty that is charged by the service manager under this Act may be recovered by any remedy or procedure available to the service manager by law. 2000, c. 27, s. 133 (1). Same (2) The service manager may set off against amounts owing to the municipality by the service manager any amount payable by the municipality to the service manager. 2000, c. 27, s. 133 (2). Distribution of Federal Funding
Payment to service managers
134.  (1) Each year, the Minister shall pay to each service manager the amount of federal funding for the year that the Minister determines, and shall make the payment in equal instalments that are due on January 1, April 1, July 1 and October 1. 2000, c. 27, s. 134 (1). Public notice (2) The Minister shall publish a notice setting out the amount of federal funding payable to each service manager in The Ontario Gazette. 2000, c. 27, s. 134 (2). Use of funds (3) The service manager is permitted to use the federal funds to defray the costs described in subsection (4) that are incurred by the service manager with respect to the housing programs prescribed for the purposes of this section and is not permitted to use those funds for any other purpose. 2000, c. 27, s. 134 (3). Same (4) For the purposes of subsection (3), the permitted costs are those incurred in respect of residential accommodation and facilities, common areas and services used directly with the residential accommodation, but they do not include costs incurred in respect of non-residential uses such as commercial or institutional uses, social or recreational services and services or facilities related to mental or physical health care, education, corrections, food services, social support or public recreation. 2000, c. 27, s. 134 (4). (5) Repealed: 2008, c. 19, Sched. S, s. 1. Use by Minister of federal funds (6) The Minister may use some or all of the amount of federal funding allocated to a service manager for a year to pay amounts owing in that year, (a) by the Ontario Mortgage and Housing Corporation to the Crown in right of Ontario in respect of a housing project developed under the National Housing Act (Canada) that is located within the service area of the service manager; or (b) by the Ontario Mortgage and Housing Corporation to the Canada Mortgage and Housing Corporation under a debenture issued by the Ontario Mortgage and Housing Corporation in favour of the Canada Mortgage and Housing Corporation to secure the capital funding advanced by the Canada Mortgage and Housing Corporation for a housing project developed under the National Housing Act (Canada) that is located within the service area of the service manager. 2000, c. 27, s. 134 (6); 2006, c. 32, Sched. E, s. 5 (2). Reduction (7) The amount payable to a service manager under subsection (1) is reduced by any amount paid by the Minister under subsection (6) or (9). 2000, c. 27, s. 134 (7). Notice by Minister (8) The Minister shall give written notice to the service manager of any payment made by the Minister under subsection (6) or (9) and shall do so no later than 30 days after the payment is made. 2000, c. 27, s. 134 (8). Transition (9) The Minister may, at any time before payment is due to a service manager, pay to a local housing corporation in which the service manager is a shareholder all or part of the amount otherwise payable to the service manager under subsection (1) that is due on January 1, 2001, April 1, 2001 or July 1, 2001. 2000, c. 27, s. 134 (9). Special Rules for the Greater Toronto Area
Definition
135. In section 136, “GTA service manager” means the City of Toronto or the regional municipality of Durham, Halton, Peel or York. 2000, c. 27, s. 135; 2008, c. 19, Sched. S, s. 2.
GTA equalization
136. (1) The rules governing the amount of housing costs payable by GTA service managers are the rules set out in this section. 2008, c. 19, Sched. S, s. 3. Application of certain provisions (2) Sections 122 to 127 and subsection 128 (1) apply in respect of GTA service managers. 2008, c. 19, Sched. S, s. 3. Regulation prescribing amounts of payments (3) The Lieutenant Governor in Council may make a regulation prescribing amounts, including a nil amount, that a GTA service manager is required to pay to one or more of the other GTA service managers for each of 2007 and subsequent years in respect of past, present and future housing costs of the GTA service managers. 2008, c. 19, Sched. S, s. 3. Notice to service manager (4) The Minister shall give to a GTA service manager required to pay a prescribed amount a written notice setting out the amounts to be paid, the date on which those amounts are payable and such other information as the Minister considers appropriate. 2008, c. 19, Sched. S, s. 3. When notice to be given (5) The notice under subsection (4) shall be given on or before the earliest of the dates on which the amounts are payable. 2008, c. 19, Sched. S, s. 3. Payment (6) A GTA service manager shall make payment to the Minister of Finance in accordance with the notice, and the Minister of Finance shall remit the payment to the other service manager or service managers. 2008, c. 19, Sched. S, s. 3. Interest and penalties (7) If a GTA service manager does not pay the Minister of Finance the amount payable under a notice given under subsection (4), the GTA service manager to which the amount is owed may charge the service manager interest and penalties in accordance with the regulations. 2008, c. 19, Sched. S, s. 3. Collection of amounts payable (8) An amount payable under a notice given under subsection (4) is a debt of the GTA service manager owing to the other GTA service manager on and after the due date set out in the notice, and the debt together with any interest or penalty that is charged on the debt under this Act may be recovered by any remedy or procedure available by law to the GTA service manager. 2008, c. 19, Sched. S, s. 3. Same (9) A GTA service manager may set off against amounts it owes to another GTA service manager any amount payable by the other GTA service manager to it under this section. 2008, c. 19, Sched. S, s. 3. 137. Repealed: 2008, c. 19, Sched. S, s. 4. 138. Repealed: 2008, c. 19, Sched. S, s. 5. PART VIII   SOCIAL HOUSING SERVICES CORPORATION
Same
137. Repealed: 2008, c. 19, Sched. S, s. 4. 138. Repealed: 2008, c. 19, Sched. S, s. 5. PART VIII   SOCIAL HOUSING SERVICES CORPORATION
Same
138. Repealed: 2008, c. 19, Sched. S, s. 5. PART VIII   SOCIAL HOUSING SERVICES CORPORATION
Definition
139. In this Part, “corporation” means the corporation established under section 140. 2000, c. 27, s. 139.
Creation of corporation
140. (1) A corporation to be known in English as Social Housing Services Corporation and in French as Société des services de logement social is hereby established as a corporation without share capital. 2000, c. 27, s. 140 (1). Composition (2) The corporation is composed of, (a) all service managers; (b) all local housing corporations; (c) prescribed housing providers that are non-profit housing corporations; (d) prescribed housing providers that are non-profit housing co-operatives; and (e) other housing providers that meet such requirements as may be prescribed. 2000, c. 27, s. 140 (2). Certain members need not act (3) Members described in clause (2) (e) are permitted, but not required, to participate in the activities of the corporation. 2000, c. 27, s. 140 (3). Status (4) The corporation is not an agent of Her Majesty for any purpose, despite the Crown Agency Act, and it is not an administrative unit of the Government of Ontario. 2000, c. 27, s. 140 (4). Deemed status (5) The corporation shall be deemed to be an institution for the purposes of the Municipal Freedom of Information and Protection of Privacy Act and that Act applies, with necessary modifications, to the corporation. 2000, c. 27, s. 140 (5). Employees pensions (6) The corporation shall be deemed to be a local board for the purposes of the Ontario Municipal Employees Retirement System Act, 2006 but section 7 of that Act does not apply with respect to the corporation and its employees. 2006, c. 2, s. 54 (2). Conflict of interest, indemnification (7) Sections 132 and 136 of the Business Corporations Act apply, with necessary modifications, to members of the board and officers of the corporation. 2000, c. 27, s. 140 (7). Non-application (8) The Corporations Act and the Corporations Information Act do not apply to the corporation. 2000, c. 27, s. 140 (8).
Objects of the corporation
141. The objects of the corporation are, (a) to co-ordinate insurance programs for prescribed housing providers under prescribed housing programs; (b) to manage the pooling of capital reserve funds for prescribed housing providers; (c) to establish and manage schemes for the joint purchase of goods and services by prescribed housing providers under prescribed housing programs; (d) to undertake studies and provide advice to the province, service managers and prescribed housing providers with respect to the establishment and use of benchmarks and best practices to achieve the efficient and effective provision of housing. 2000, c. 27, s. 141.
Powers
142. (1) The board of directors of the corporation has the powers of a natural person and the powers necessary to carry out the objects of the corporation and for that purpose may, (a) make by-laws governing its proceedings; (b) manage funds held by the corporation on behalf of prescribed housing providers or cause such funds to be managed; (c) establish investment policies to be followed by prescribed housing providers for capital reserves pooled under clause 93 (2) (f); (d) establish policies and processes for providing insurance to prescribed housing providers and tender for programs of insurance on behalf of prescribed housing providers; (e) study the costs and processes used in the provision of housing to which this Act applies and advise service managers and prescribed housing providers how these costs could be reduced and processes improved; (f) arrange for the provision of education and training programs to service managers and prescribed housing providers and their employees with respect to any of the above matters; (g) enter into agreements that are directly related to the objects of the corporation with any person; (h) undertake such other activities as are necessary to achieve the corporation’s objects. 2000, c. 27, s. 142 (1). Funds (2) The funds that are managed under clause (1) (b) on behalf of a housing provider remain the property of that housing provider. 2000, c. 27, s. 142 (2). Restriction (3) The corporation shall use its income solely in furtherance of its objects. 2000, c. 27, s. 142 (3).
Board of directors
143. (1) The affairs of the corporation shall be managed by a board of directors consisting of two members appointed by the Minister, one of whom may be a representative of a local housing corporation, and the following members selected in accordance with the regulations: 1. One person, selected by the council of the City of Toronto. 2. One person selected by the councils of the regional municipalities of Durham, Halton, Peel and York. 3. One person selected by the council of the City of Toronto and the councils of the regional municipalities of Durham, Halton, Peel and York. 4. One person selected by the dssab service managers. 5. Four persons selected by the dssab service managers and the councils of the municipal service managers. 6. Three persons selected by the housing providers described in clause 140 (2) (c). 7. Two persons selected by the housing providers described in clause 140 (2) (d). 2000, c. 27, s. 143 (1). Term (2) The term of a member of the board of directors is three years. 2000, c. 27, s. 143 (2). Same (3) A member of the board of directors may hold office for more than one term. 2000, c. 27, s. 143 (3). End of term (4) The term of a member of the board of directors ends on December 31 of the last year of his or her term but the member continues in office until his or her successor is elected or appointed. 2000, c. 27, s. 143 (4). First board (5) Despite subsection (1), the first board of directors of the corporation is composed of 15 members appointed by the Minister for the following terms: 1. Five persons for a term ending December 31, 2002. 2. Eight persons for a term ending December 31, 2003. 3. Two persons for a term ending December 31, 2004. 2000, c. 27, s. 143 (5). Rotating terms (6) The members of the first board of directors shall be replaced in the following manner: 1. In 2002 and each three years subsequently, the board of directors shall arrange for the selection of the members described in paragraphs 6 and 7 of subsection (1). 2. In 2003 and each three years subsequently, the board of directors shall arrange for the selection of the members described in paragraphs 1, 2, 3, 4 and 5 of subsection (1). 3. In 2004 and each three years subsequently, the Minister shall appoint the two members referred to under subsection (1) as being appointed by the Minister. 2000, c. 27, s. 143 (6). Timing (7) The selection referred to in paragraph 2 of subsection (6) shall be made after the date of the general election conducted under the Municipal Elections Act, 1996. 2000, c. 27, s. 143 (7).
Vacancies, generally
144. (1) A member of the board of directors of the corporation who is a member of a council referred to in subsection 143 (1), a district social services administration board or the board of directors of a housing provider ceases to be a member of the board of directors of the corporation if he or she, (a) ceases to be a member of that council, district social services administration board or board of directors; (b) resigns; or (c) is unable to perform his or her duties or has refused to act for a period of 90 days. 2000, c. 27, s. 144 (1). Replacement (2) If a vacancy occurs as described in subsection (1), the board of directors of the corporation shall appoint a person to hold office for the remainder of the unexpired term. 2000, c. 27, s. 144 (2). Vacancies, Ministerial appointments (3) A member of the board of directors of the corporation who is appointed by the Minister ceases to be a member of the board if he or she resigns or is unable to perform his or her duties or has refused to act for a period of 90 days, and the Minister may appoint another person in his or her place for the remainder of the unexpired term. 2000, c. 27, s. 144 (3).
Quorum
145. (1) A quorum consists of a majority of the members of the board of directors, which must, after December 31, 2002, include at least one member described in paragraph 6 or 7 of subsection 143 (1). 2000, c. 27, s. 145 (1). Voting (2) Each member of the board of directors has one vote. 2000, c. 27, s. 145 (2). Tie vote (3) The chair does not have a vote except for the purpose of breaking a tie. 2000, c. 27, s. 145 (3). Acting chair (4) An acting chair described in subsection 146 (7) does have a vote. 2000, c. 27, s. 145 (4).
Chair
146.  (1) The board of directors shall elect one of its members as chair of the board. 2000, c. 27, s. 146 (1). Term (2) The term of office of the chair is one year, but a person may be re-elected as chair for one additional term. 2000, c. 27, s. 146 (2). First board (3) Despite subsections (1) and (2), the Minister shall appoint one of the members of the first board whose term expires on December 31, 2004 as chair for a term that ends on that date. 2000, c. 27, s. 146 (3). Disqualification (4) A chair who ceases to be a member of the board of directors before the end of his or her term ceases to be the chair at the same time. 2000, c. 27, s. 146 (4). Vacancy (5) If the office of the chair becomes vacant before the end of the chair’s term, (a) the board of directors shall promptly elect another member of the board as chair for the remainder of the unexpired term; or (b) in the case of the first board, the Minister shall appoint another person, who need not be a member of the board, as chair for the remainder of the unexpired term. 2000, c. 27, s. 146 (5). Duty (6) It is the duty of the chair to preside over the meetings of the board of directors. 2000, c. 27, s. 146 (6). Acting chair (7) The board of directors may by by-law or resolution appoint a member of the board to act in the place of the chair when the chair is absent or refuses to act or the office of the chair is vacant and, while so acting, such member has all the powers and shall perform the duties of the chair. 2000, c. 27, s. 146 (7).
Remuneration
147. (1) A member of the board of directors shall be paid such remuneration as the by-laws provide. 2000, c. 27, s. 147 (1). First chair (2) Despite subsection (1), the Minister shall set the remuneration of the first chair. 2000, c. 27, s. 147 (2). Expenses (3) A member of the board of directors is entitled to be reimbursed for reasonable expenses incurred in the course of performing his or her duties. 2000, c. 27, s. 147 (3).
Decisions not made at meeting
148. (1) The board of directors may make a decision otherwise than at a meeting and the signature of a majority of the members of the board on a document setting out the decision is evidence of the board’s decision. 2000, c. 27, s. 148 (1). Committees (2) Subsection (1) applies with necessary modifications to a committee of the board of directors. 2000, c. 27, s. 148 (2).
Meeting by telephone, etc.
149. Subsection 126 (13) of the Business Corporations Act applies, with necessary modifications, to meetings of the board of directors or a committee of the board of directors of the corporation. 2000, c. 27, s. 149.
Chief executive officer
150. (1) The board of directors shall appoint a chief executive officer who is responsible for the operation of the corporation and who shall implement the policies and procedures and perform such other duties as may be established by the board. 2000, c. 27, s. 150 (1). Secretary (2) The chief executive officer is the secretary of the board of directors and shall conduct the elections under subsection 143 (1). 2000, c. 27, s. 150 (2). First CEO (3) The chair appointed by the Minister for the first board is the chief executive officer until December 31, 2004 and, if that chair is replaced by the Minister under subsection 144 (3), the replacement is the chief executive officer until that date. 2000, c. 27, s. 150 (3).
Expenditures before 2005
151. (1) This section applies with respect to expenditures incurred by the corporation during 2001, 2002, 2003 and 2004. 2000, c. 27, s. 151 (1). Budget (2) The board of directors shall prepare a proposed annual budget for the corporation for 2001, 2002, 2003 and 2004 and shall submit the budget for each year to the Minister before the deadline fixed by the Minister. 2000, c. 27, s. 151 (2). Approval (3) The Minister may approve any or all of the expenditures set out in the annual budget. 2000, c. 27, s. 151 (3). Payment (4) The Minister of Finance shall pay the corporation an amount equal to the total of the expenditures that are incurred before December 31, 2004 and approved under subsection (3). 2000, c. 27, s. 151 (4).
Expenditures in and after 2005
152.  With respect to expenditures incurred by the corporation on and after January 1, 2005, the members of the corporation who are service managers shall pay such of those expenditures as are prescribed and shall pay them in the prescribed manner. 2000, c. 27, s. 152.
Annual report
153. (1) The corporation shall prepare an annual report on the affairs of the corporation and deliver it to the Minister within 150 days after the end of its fiscal year. 2000, c. 27, s. 153 (1). Contents (2) The annual report shall include the audited financial statements and such other information as may be prescribed. 2000, c. 27, s. 153 (2). Copy to members (3) A copy of the report shall be provided to each member of the board of directors. 2000, c. 27, s. 153 (3).
Reports by service managers, etc.
154. (1) Service managers and housing providers shall file reports with the corporation containing the prescribed information in the prescribed manner and at the prescribed times. 2000, c. 27, s. 154 (1). Information on request (2) On the request of the corporation, a service manager or housing provider shall provide the corporation with such information as the corporation considers necessary to carry out its objects. 2000, c. 27, s. 154 (2).
Immunity
155. No action or other proceeding for damages shall be brought against a member of the board of directors or any employee of the corporation as a result of any act done in good faith in the performance or intended performance of any duty under this Act or in the exercise or intended exercise of any power under this Act, or as a result of any neglect in the performance or exercise in good faith of such duty or power, but such action or proceeding may be brought against the corporation. 2000, c. 27, s. 155. PART IX   GENERAL Administrative Matters
Conflicts
156. (1) This Act applies despite any general or special Act and despite any regulation made under any other Act. 2000, c. 27, s. 156 (1). Same (2) In the event of a conflict between this Act and another Act or a regulation made under another Act, this Act prevails except where otherwise provided in this Act. 2000, c. 27, s. 156 (2).
Power to amend, replace certain operating agreements
157. (1) This section applies with respect to an operating agreement to which the Government of Canada or the Canada Mortgage and Housing Corporation is a party that was entered into with respect to a prescribed transferred housing program. 2000, c. 27, s. 157 (1). Same (2) The service manager to whom responsibility for funding and administering a housing project under the housing program to which the operating agreement relates and the housing provider may amend or terminate and replace the operating agreement as it relates to the housing project, and shall do so in writing. 2000, c. 27, s. 157 (2).
Fraud control unit
158. (1) The Minister may establish a social housing fraud control unit or may assign duties for investigating and preventing social housing fraud to a social assistance fraud control unit established under subsection 57 (1) of the Ontario Works Act, 1997. 2000, c. 27, s. 158 (1). Local unit (2) Each service manager may establish a local social housing fraud control unit or may assign duties for investigating and preventing social housing fraud in all or part of the service manager’s service area to a local fraud control unit established under subsection 57 (2) of the Ontario Works Act, 1997. 2000, c. 27, s. 158 (2); 2006, c. 19, Sched. O, s. 5 (8). Mandate (3) A fraud control unit established or assigned duties under this section may investigate the eligibility of a household to receive or to continue to receive rent-geared-to-income assistance, including possible violations of this Act and the regulations. 2000, c. 27, s. 158 (3). Deeming provision (4) Persons engaged in investigations under this section or section 159 shall be deemed to be engaged in law enforcement for the purposes of the Freedom of Information and Protection of Privacy Act and the Municipal Freedom of Information and Protection of Privacy Act.  2000, c. 27, s. 158 (4). Eligibility review officers and family support workers
Eligibility review officers
159. (1) The Minister or a service manager may designate persons as eligibility review officers. 2000, c. 27, s. 159 (1). Investigation (2) An eligibility review officer may investigate the past or present eligibility of a household to receive rent-geared-to-income assistance, and may investigate any member of a household under investigation, and for that purpose has the prescribed powers and the power to apply for and act under a search warrant. 2000, c. 27, s. 159 (2). Family support workers (3) A service manager, or person or organization authorized to do so by the service manager, may designate persons as family support workers to assist any member of a household that is eligible for rent-geared-to-income assistance in taking whatever action is necessary to pursue financial support from persons with a legal obligation to provide it. 2000, c. 27, s. 159 (3). Powers and duties (4) Family support workers have the prescribed powers and duties, including the authority to collect and disclose personal information to assist in legal proceedings for support and in the enforcement of agreements, orders and judgments relating to support. 2000, c. 27, s. 159 (4).
Prohibition, obstruction
160. (1) No person shall obstruct or knowingly give false information to a person engaged in an investigation authorized by section 158 or 159. 2000, c. 27, s. 160 (1). Penalty (2) A person who contravenes subsection (1) is guilty of an offence and, on conviction, is liable to a fine of not more than $5,000 or to imprisonment for a term of not more than six months or to both. 2000, c. 27, s. 160 (2).
Electronic signature
161. (1) If this Act or the regulations require an individual’s signature, one or more of the individual’s personal identification number, password or photographic image may be used in the place of his or her signature to authenticate the individual’s identity and to act as authorization of or consent to a transaction relating to an application for rent-geared-to-income assistance. 2000, c. 27, s. 161 (1). Storage (2) If a person collects an individual’s personal identification number, password or photographic image under this Act, it shall be recorded and stored in a secure electronic environment. 2000, c. 27, s. 161 (2). Collection, Use and Disclosure of Personal Information Personal information
Personal information, standards
162. (1) A housing provider and any person providing services with respect to a housing program prescribed for the purposes of this subsection or housing project prescribed for the purposes of this subsection, including any person acting pursuant to an agreement under section 16, shall comply with the prescribed standards for the collection, use, disclosure and safeguarding of privacy of personal information and for a person’s access to his or her personal information. 2000, c. 27, s. 162 (1). Exception (2) Subsection (1) does not apply to a housing provider or person that is defined as an institution under the Freedom of Information and Protection of Privacy Act or the Municipal Freedom of Information and Protection of Privacy Act.  2000, c. 27, s. 162 (2). Disclosure to institutions (3) Where this Act or the regulations authorize the disclosure of information from or to an institution, as defined under the Freedom of Information and Protection of Privacy Act or the Municipal Freedom of Information and Protection of Privacy Act, (a) subsection 39 (2) of the Freedom of Information and Protection of Privacy Act and subsection 29 (2) of the Municipal Freedom of Information and Protection of Privacy Act do not apply to the institution to which the information is being disclosed in respect of that information; (b) the information shall be deemed to have been disclosed for the purpose of complying with this section; and (c) the information shall be deemed to have been obtained or compiled by the receiving institution for a purpose consistent with the purpose for which the information was initially obtained or compiled. 2000, c. 27, s. 162 (3). Control of record (4) A person does not have control of a record for the purposes of the Freedom of Information and Protection of Privacy Act or the Municipal Freedom of Information and Protection of Privacy Act just because the person is entitled under section 20 or 21, subsection 55 (4) or (9) or section 113 or 114 to obtain a copy of a record. 2000, c. 27, s. 162 (4).
Agreements of service managers re information
164. (1) With the approval of the Minister, a service manager may enter into an agreement with a government or body referred to in subsection 163 (1) with respect to the collection, use and disclosure of information. 2000, c. 27, s. 164 (1). Disclosure of personal information (2) A service manager that is party to an agreement under subsection (1) may disclose personal information collected for the purpose of administering or enforcing this Act to any government or body with whom the agreement has been made if, (a) the disclosure is made in accordance with the agreement; (b) the government or body administers or enforces a social benefit program or a social housing or rent-geared-to-income assistance program or is conducting research related to a social benefit program or a social housing or rent-geared-to-income assistance program or the information relates to the administration or enforcement of or research relating to the Income Tax Act, the Taxation Act, 2007, the Income Tax Act (Canada), the Immigration Act (Canada) or the prescribed Acts; and (c) the government or body agrees to use the information only for the purpose of administering, enforcing or conducting research related to a social benefit program or a social housing or rent-geared-to-income assistance program, the Income Tax Act, the Taxation Act, 2007, the Income Tax Act (Canada), the Immigration Act (Canada) or the prescribed Acts. 2000, c. 27, s. 164 (2); 2008, c. 19, Sched. V, s. 11 (3, 4). Confidentiality (3) An agreement under this section shall provide that personal information collected, used or disclosed under it is confidential and shall establish mechanisms for maintaining the confidentiality and security of the information. 2000, c. 27, s. 164 (3). Collection of personal information (4) A service manager that is party to an agreement under subsection (1) may collect personal information from a government or body that is party to the agreement in accordance with that agreement. 2000, c. 27, s. 164 (4).
Sharing information
165. (1) The Minister, the Ontario Mortgage and Housing Corporation, the Social Housing Services Corporation, each service manager, each administrator, each housing provider, each lead agency and each person or organization providing services by contract to any of them may share with any of the following persons personal information that is in their possession and was collected under this Act, the Ontario Works Act, 1997, the Ontario Disability Support Program Act, 1997 or the Day Nurseries Act, if the information is necessary for the purposes of making decisions or verifying eligibility for assistance under this or those Acts: 1. With one another. 2. With the Director appointed under the Ontario Disability Support Program Act, 1997 and any person exercising the Director’s powers and duties under section 39 of that Act. 3. With the Director appointed under the Ontario Works Act, 1997 and any person exercising the Director’s powers and duties under section 47 of that Act. 4. With the Director or an administrator appointed under the Day Nurseries Act. 2000, c. 27, s. 165 (1); 2006, c. 32, Sched. E, s. 5 (2). Notification on collection (2) When a service manager, supportive housing provider or lead agency collects personal information from a household in the course of performing its duties under this Act, it shall, (a) notify the household that information provided by the household may be shared, (i) as necessary for the purposes of making decisions or verifying eligibility for assistance under this Act, the Ontario Disability Support Program Act, 1997, the Ontario Works Act, 1997 or the Day Nurseries Act, or (ii) as authorized by an agreement made under section 163 or 164; and (b) notify the household of the name, business address and business telephone number of a person who can answer questions and respond to complaints about the collection, use or disclosure of the information. 2000, c. 27, s. 165 (2).
Restriction re prescribed personal information
166. The prescribed types of personal information shall not be disclosed or shared under section 163, 164 or 165 except in accordance with the regulations. 2000, c. 27, s. 166. Regulations Regulations
Regulations generally
167. (1) The Lieutenant Governor in Council may make regulations respecting the following matters: 1. Defining words and expressions that are not defined in this Act. 2. Prescribing any matter required or permitted by this Act to be, or referred to in this Act as, prescribed by the regulations, for which a specific power is not otherwise provided in sections 168 to 176. 3. Exempting any person, premises or thing, any combination of any of them or any class of any of them from any provision of this Act or the regulations, and prescribing conditions or restrictions that apply in respect of an exemption. 4. Providing for such transitional matters as the Lieutenant Governor in Council considers necessary or advisable in connection with the implementation of this Act. 2000, c. 27, s. 167 (1). Minister’s regulations (general) (2) The Minister may make regulations respecting the following matters: 1. Exempting any person, premises or thing, any combination of them or any class of them from any provision of a regulation made by the Minister and prescribing conditions or restrictions that apply in respect of an exemption. 2. Providing for such transitional matters relating to a regulation made by the Minister that the Minister considers necessary or advisable in connection with the implementation of the matter addressed by the regulation. 2000, c. 27, s. 167 (2). Transition regulations (3) A regulation made under paragraph 4 of subsection (1), (a) may provide that despite the proclamation of this Act or a provision of this Act, this Act or the provision does not take effect in all or part of the province until the date specified in the regulation; (b) may provide that another Act or a provision of another Act that is repealed by this Act continues to apply, for a specified period of time and with necessary modifications, to specified things or in specified circumstances; (c) may specify that, for a specified period of time, a person is entitled to exercise the powers or required to perform the duties of another person under this or any other Act instead of the person otherwise entitled or required to do so and providing that actions by the person who exercises those powers or performs those duties shall be deemed, for the purposes of the applicable Act, to be the actions of the person otherwise entitled to exercise the powers or required to perform the duties under that Act. 2000, c. 27, s. 167 (3). General or particular (4) A regulation may be general or particular in its application. 2000, c. 27, s. 167 (4). Classes (5) A regulation may create different classes and may establish different rules in relation to the different classes. 2000, c. 27, s. 167 (5). Conditions and restrictions (6) A regulation may impose conditions and restrictions with respect to the exercise of a power or the performance of a duty established by the regulation. 2000, c. 27, s. 167 (6).
Regulations respecting Part I (Interpretation)
168. The Lieutenant Governor in Council may make regulations respecting the following matters: 1. Prescribing housing programs for the purposes of the definition of “federal funding” in section 2. 2. Prescribing criteria for the purposes of the definition of “high need household” in section 2. 3. Prescribing programs for the purposes of the definition of “housing program” in section 2. 2000, c. 27, s. 168.
Regulations respecting Part II (Service Managers)
169. (1) The Lieutenant Governor in Council may make regulations respecting the following matters: 1. For the purposes of section 5 (powers of service manager), prescribing additional powers and prescribing conditions and restrictions on the exercise of powers. 2. Prescribing municipalities for the purposes of subsection 8 (2) (powers of dssab service manager re debentures). 3. Prescribing housing programs for the purposes of subsection 9 (2) (restrictions re mortgage financing). 4. Prescribing the matters referred to in subsection 10 (1) as being prescribed (duties re transferred housing programs). 5. For the purposes of subsection 10 (3), prescribing criteria and rules to be met with respect to the administration and funding of housing programs. 6. Prescribing housing providers for the purposes of subsection 10 (6) (language of services). 7. Prescribing the matters referred to in subsection 11 (1) (service levels, households) as being prescribed. 8. Prescribing housing programs for the purposes of subsection 11 (2) (exclusions). 9. Prescribing the matters referred to in subsection 11 (3) (service levels, modified units) as being prescribed. 10. For the purposes of subsection 12 (1) (prescribed duties), prescribing additional duties of service managers. 11. For the purposes of subsection 12 (2) (prescribed restrictions, etc.), prescribing conditions and restrictions on the performance of duties. 12. Prescribing conditions and restrictions for the purposes of clause 15 (1) (b) (appointment of administrator). 13. For the purposes of subsection 18 (4) (notice of project in difficulty), prescribing information to be included in the written notice. 14. For the purposes of section 19 (records), prescribing the records to be kept by a service manager and the length of time that they must be kept. 15. Prescribing dates, information and documents for the purposes of subsections 20 (1) and (2) (annual report). 2000, c. 27, s. 169 (1). Minister’s regulations (Part II Service Managers) (2) The Minister may make regulations in respect of the following matters: 1. For the purposes of subsection 4 (1) (designation of service manager), designating municipalities, district social services administration boards, area services boards and other agencies, boards and commissions as service managers. 2. For the purposes of subsection 4 (2) (service area), specifying the geographic area that is the service area of each service manager. 3. Establishing a system or process by which a service manager may obtain mortgage financing on behalf of or for the benefit of a housing provider described in section 9. The regulation may authorize another ministry or entity to operate the system or process. 4. For the purposes of subsection 16 (2) (agreement regarding performance by another person), prescribing conditions and restrictions on the authority of the service manager to enter into an agreement and on the scope of the agreement. 2000, c. 27, s. 169 (2).
Regulations respecting Part III (Local Housing Corporations)
170. (1) The Lieutenant Governor in Council may make regulations respecting the following matters: 1. For the purposes of subsection 23 (7) (first share issuance), prescribing the number of common shares a local housing corporation is deemed to have issued to a prescribed service manager. 2. For the purposes of subsection 32 (3) (relationship of local housing corporation to related service manager), prescribing provincial rules governing the accountability of a local housing corporation to its related service manager for its operations and activities. 3. Prescribing housing programs for the purposes of subsection 32 (5) (relationship of local housing corporation to related service manager). 4. For the purposes of paragraph 3 of subsection 32 (5) (relationship of local housing corporation to related service manager), prescribing rules respecting the establishment and use of benchmarks and best practices. 2000, c. 27, s. 170 (1). Minister’s regulations (Part III Local Housing Corporations) (2) The Minister may make regulations respecting the following matters: 1. For the purposes of paragraph 1 of subsection 32 (5) (relationship of local housing corporation to related service manager), prescribing the manner of determining the amounts payable by a service manager to a local housing corporation. 2000, c. 27, s. 170 (2).
Regulations respecting Part IV (Transfer Orders)
171. (1) The Lieutenant Governor in Council may make regulations with respect to the following matters: 1. Prescribing the matters referred to in subsections 41 (1) and (2) (inspection of transfer orders) as being prescribed. 2. Prescribing the matters referred to in subsection 48 (3) (transfer deemed not to have certain effects) as being prescribed. 3. Prescribing criteria for the purposes of subparagraph 4 ii of subsection 50 (2) (restrictions, real property). 4. Prescribing the matters referred to in section 60 (legislation from which certain transfers exempt) as being prescribed. 5. Governing the transfer of assets, liabilities, rights and obligations, including the transfer of employees, under Part IV and supplementing the provisions of Part IV. 2000, c. 27, s. 171 (1). Minister’s regulations (Part IV Transfer Orders) (2) The Minister may make regulations with respect to the following matters: 1. Prescribing archival documents or classes of archival documents for the purposes of subsections 55 (3) and (6) (transfer of documents). 2000, c. 27, s. 171 (2).