jswizzle3737/ontario_laws_and_regs huggingface dataset:
Vesting in and assumption by transferee
46. (1) An asset or a right that is transferred by a transfer order vests in the transferee as of the effective date specified in the transfer order and a liability or an obligation that is transferred by a transfer order shall be deemed to have been assumed by the transferee as of the effective date specified in the transfer order. 2000, c. 27, s. 46 (1). Transferor divested of asset (2) The transfer of an asset by a transfer order divests the transferor of that asset as of the effective date specified in the transfer order. 2000, c. 27, s. 46 (2). Transferor divested of right (3) The transfer of a right by a transfer order divests the transferor of that right as of the effective date specified in the transfer order. 2000, c. 27, s. 46 (3). Transferor released from liability or obligation (4) The transfer of a liability or obligation by the transfer order releases the transferor from that liability or obligation as of the effective date specified in the transfer order. 2000, c. 27, s. 46 (4). Exception (5) Despite subsection (4), the transfer by the transfer order does not release the transferor from liability for those costs relating to the transferred asset, liability, right or obligation that arose or accrued before the effective date of the transfer and that were not a provincial social housing cost under the Social Housing Funding Act, 1997 and that are not a provincial housing cost under section 122. 2000, c. 27, s. 46 (5). Action or other proceeding to be continued by or against transferor (6) If an action or other proceeding in respect of an asset, a liability, a right or an obligation that is transferred by a transfer order has been commenced by or against the transferor before the transfer takes effect, the action or other proceeding shall be continued by or against the transferee and, if the transferor so elects, by or against the transferor as well. 2000, c. 27, s. 46 (6). Same (7) No order of the court is necessary for an action or other proceeding to be continued under subsection (6). 2000, c. 27, s. 46 (7). Same (8) The title of an action or other proceeding that is continued under subsection (6) shall be amended in accordance with the written notice of the Minister in all documents issued, served or filed in the action or proceeding after the effective date of the transfer. 2000, c. 27, s. 46 (8). Conflict (9) In the event of a conflict between this section and any other Act, this section prevails. 2000, c. 27, s. 46 (9).
No representation, etc., by transferor
47. (1) Despite any other Act, a transferor does not make any covenant, representation or warranty, and no covenant, representation or warranty on the part of the transferor shall be implied or deemed to have been made, in respect of any asset, liability, right, obligation or employee transferred from the transferor by a transfer order. 2000, c. 27, s. 47 (1). No liability re state of repair (2) A transferor is not liable to any person for the state of repair of an asset transferred by a transfer order and is not liable to any person to fix such an asset, despite a requirement otherwise imposed by another Act or a rule of law. 2000, c. 27, s. 47 (2).
Transfer deemed not to have certain effects
48. (1) A transfer by a transfer order shall be deemed not to, (a) constitute a breach, termination, repudiation or frustration of any contract or any licence, permit or other right; (b) constitute a breach of any Act, regulation, rule or municipal by-law; (c) constitute an event of default or force majeure; (d) give rise to a right to terminate or repudiate any contract or any licence, permit or other right; (e) give rise to an estoppel; (f) give rise to any right or consequence, including an acceleration of the time for payment, that would otherwise arise upon the transfer under the terms of any contract or any licence, permit or other right; or (g) give rise to any cause of action, grievance, claim or demand of any kind, unless explicitly contemplated by this Act. 2000, c. 27, s. 48 (1). No proceeding (2) No action or other proceeding shall be commenced against the Crown in right of Ontario, the Ontario Mortgage and Housing Corporation or a local housing authority on the basis that a transfer by a transfer order constitutes or gives rise to anything mentioned in subsection (1). 2000, c. 27, s. 48 (2); 2006, c. 32, Sched. E, s. 5 (2). Exceptions (3) Subject to such conditions and restrictions as may be prescribed, this section does not apply to the contracts, licences, permits, rights, Acts, regulations, rules, by-laws or provisions of any of them that are prescribed. 2000, c. 27, s. 48 (3).
Expropriations Act
49. If a transfer order transfers real property that has been expropriated, (a) section 42 of the Expropriations Act (disposal of expropriated lands) does not apply to the real property, despite section 2 of that Act; and (b) no compensation of any kind is payable to the owners from whom the real property was expropriated. 2000, c. 27, s. 49.
Restrictions, real property
50. (1) Any real property transferred by a transfer order cannot be transferred or mortgaged or otherwise encumbered, developed or redeveloped and an interest in the property cannot be granted or disposed of by any person without the prior written consent of the Minister. 2000, c. 27, s. 50 (1). Exception (2) Despite subsection (1), a transferee may do the following things without the consent of the Minister: 1. Lease an individual unit in a housing project located on the real property for a term not exceeding one year. 2. Lease a part of the property that is not residential, if the transfer of the property by the transfer order has been registered as required by section 43. 3. Transfer or mortgage or otherwise encumber the property or grant or dispose of an interest in the property to or in favour of, i. the related service manager, ii. a related municipality, iii. a non-profit corporation controlled by the related service manager or a related municipality, but only if an object of the non-profit corporation is the provision of housing, or iv. a non-profit housing corporation that is incorporated under section 13 of the Housing Development Act and that is controlled by the related service manager or a related municipality. 4. Transfer or mortgage or otherwise encumber the property, develop or redevelop the property or grant or dispose of an interest in the property if, i. the transfer of the property by the transfer order has been registered as required by section 43, and ii. the transaction complies with such criteria as may be prescribed. 2000, c. 27, s. 50 (2). Statement re transfer, etc. (3) When a document is to be registered or deposited under the Registry Act or registered under the Land Titles Act in respect of a transaction described in subsection (2), it must include a statement in a form approved by the Minister containing information required by the Minister and executed by or on behalf of the transferee. 2000, c. 27, s. 50 (3). Registration or deposit (4) The document and the statement referred to in subsection (3) may be registered or deposited and shall be accepted for registration or deposit under the Registry Act and may be registered and shall be accepted for registration under the Land Titles Act against title to the property despite any provision of those Acts. 2000, c. 27, s. 50 (4). Evidence (5) A statement described in subsection (3) that is included in a document registered or deposited as described in that subsection shall be deemed to be conclusive evidence of the facts stated in it. 2000, c. 27, s. 50 (5).
Liability of certain guarantors
51. If a liability transferred by a transfer order (“transferred liability”) was guaranteed by the Crown in right of Ontario or the Ontario Mortgage and Housing Corporation under a written guarantee given before the effective date of the transfer, the guarantor’s liability under the guarantee is not limited by the transfer of the transferred liability or the release of the transferor from the transferred liability under this Act. 2000, c. 27, s. 51; 2006, c. 32, Sched. E, s. 5 (2). Transfer of Employees
Motor vehicle insurance
54. (1) If a transfer order transfers from a transferor to a local housing corporation ownership of, or a leasehold interest in, a motor vehicle together with the contract of automobile insurance under which the motor vehicle is insured, (a) the insurance card for the motor vehicle issued in the name of the transferor under section 6 of the Compulsory Automobile Insurance Act shall be deemed to be issued in the name of the local housing corporation as of the effective date of the transfer of the contract of automobile insurance; and (b) within six days after receiving notice of the transfer of the contract of automobile insurance, the insurer shall issue, or cause its agent to issue, an insurance card in the name of the local housing corporation. 2000, c. 27, s. 54 (1). Penalties for insurer (2) Sections 14 and 14.1 of the Compulsory Automobile Insurance Act apply to a contravention by an insurer of clause (1) (b). 2000, c. 27, s. 54 (2). Definitions (3) In this section, “agent”, “automobile insurance”, “insurance card”, “insurer” and “motor vehicle” have the same meaning as in the Compulsory Automobile Insurance Act. 2000, c. 27, s. 54 (3). Transfer of Documents and Disclosure of Records
Transfer of documents
55. (1) In this section, “archival document” means a provincial document identified to be transferred to the Archives of Ontario under a records schedule approved or deemed approved under the Archives and Recordkeeping Act, 2006; (“document d’archives”) “provincial document” means a record that belongs to the Ministry, the Ontario Mortgage and Housing Corporation or a local housing authority and that relates to, (a) a housing program the responsibility for the funding and administration of which is being transferred to a service manager under section 10, or (b) any employee, asset, liability, right or obligation that is being transferred by a transfer order. (“document provincial”) 2000, c. 27, s. 55 (1); 2006, c. 32, Sched. E, s. 5 (2); 2006, c. 34, Sched. A, s. 27 (1). Transfer of archival documents (2) An archival document shall not be transferred out of the custody or control of the Ministry, the Ontario Mortgage and Housing Corporation or a local housing authority except to be transferred to the Archives of Ontario. 2000, c. 27, s. 55 (2); 2006, c. 32, Sched. E, s. 5 (2). Same (3) Despite subsection (2), such archival documents or classes of archival documents as may be prescribed may be transferred to a transferee or a service manager by a transfer order or otherwise. 2000, c. 27, s. 55 (3). Right to obtain copies (4) A service manager is entitled to receive, upon request to the holder, a copy of an archival document that relates to a housing program the responsibility for the funding and administration of which has been transferred to the service manager under section 10. 2000, c. 27, s. 55 (4). Same (5) A transferee is entitled to receive, upon request to the holder, a copy of an archival document that relates to any employee, asset, liability, right or obligation that has been transferred to the transferee by a transfer order. 2000, c. 27, s. 55 (5). Exception (6) Subsections (4) and (5) do not apply with respect to such archival documents or classes of archival documents as may be prescribed. 2000, c. 27, s. 55 (6). Transfer of non-archival documents (7) A provincial document that is not an archival document may be transferred to a transferee or a service manager, by a transfer order or otherwise. 2000, c. 27, s. 55 (7). Retention (8) A person to whom a provincial document is transferred under subsection (7) shall retain it for at least the period of time specified in the applicable records schedule approved or deemed approved by the Archivist of Ontario before its transfer. 2006, c. 34, Sched. A, s. 27 (2). Delivery of copy (9) A person having custody or control of a record that was a provincial document and was transferred to the person shall give a copy of the record to the Ministry or the Ontario Mortgage and Housing Corporation, upon its written request. 2000, c. 27, s. 55 (9); 2006, c. 32, Sched. E, s. 5 (2).
Disclosure of other records
56. In addition to the transfer of provincial documents under section 55, the Minister, the Ontario Mortgage and Housing Corporation or a local housing authority may disclose, or require the disclosure of, any record in its custody or under its control, (a) to a service manager, for the purposes of, (i) facilitating the transfer to the service manager of responsibility for funding and administering housing programs under section 10, or (ii) enabling the service manager to assume the responsibility transferred to it and to perform its duties, and exercise its powers, under this Act; (b) to a transferee, for the purposes of, (i) facilitating the transfer to the transferee of any assets, rights, liabilities, obligations or employees by a transfer order, or (ii) enabling the transferee to deal with the assets, rights, liabilities, obligations and employees transferred to it and to assume responsibility with respect to those assets, rights, liabilities, obligations and employees; or (c) to a local housing corporation for the purpose of enabling it to assume any of the responsibilities of a local housing authority, including responsibilities with respect to former employees of a local housing authority. 2000, c. 27, s. 56; 2006, c. 32, Sched. E, s. 5 (2).
Effect of transfer or disclosure
57. If a record is transferred under subsection 55 (7) or disclosed under section 56 to a service manager or a transferee, (a) any information exempt from disclosure under subsection 17 (1) of the Freedom of Information and Protection of Privacy Act shall be deemed to be information to which subsection 10 (1) of the Municipal Freedom of Information and Protection of Privacy Act applies; (b) section 9 of the Municipal Freedom of Information and Protection of Privacy Act does not apply to confidential information that is transferred or disclosed, unless the person who transferred or disclosed the information specifies in writing that that section is to apply; and (c) if a consent to release any information in the record was given to the person who had custody or control of the record before its transfer or disclosure, the consent shall be deemed to have been given, after the transfer or disclosure of the record, to the person to whom the record is transferred or disclosed. 2000, c. 27, s. 57. General
Part prevails
58. This Part prevails over any general or special Act or any rule of law including an Act or rule of law that requires notice or registration of transfers. 2000, c. 27, s. 58.
Right of action
59. An action or other proceeding shall not be commenced against a transferee in respect of an asset, a liability, a right or an obligation that has been transferred to the transferee by a transfer order if, had there been no transfer, the time for commencing the action or other proceeding would have expired. 2000, c. 27, s. 59.
Legislation from which certain transfers exempt
60. (1) Subject to such conditions and restrictions as may be prescribed, the following Acts, regulations or provisions of Acts or regulations do not apply to the transfers referred to in subsection (2): 1. Assignments and Preferences Act. 2. Bulk Sales Act. 3. Environmental Assessment Act. 4. Fraudulent Conveyances Act. 5. Land Transfer Tax Act. 6. Retail Sales Tax Act. 7. Such other Acts or provisions of Acts as may be prescribed. 8. Such regulations or provisions of regulations as may be prescribed. 2000, c. 27, s. 60 (1). Exempt transfers (2) Subsection (1) applies to the following transfers: 1. A transfer of an asset, a liability, a right or an obligation by a transfer order. 2. A transfer of an asset, a liability, a right or an obligation that was transferred to a local housing corporation by a transfer order if the transfer is from the local housing corporation to, i. the related service manager, ii. a related municipality, iii. a non-profit corporation controlled by the related service manager or a related municipality, but only if an object of the non-profit corporation is the provision of housing, or iv. a non-profit housing corporation that is incorporated under section 13 of the Housing Development Act and that is controlled by the related service manager or a related municipality. 3. Such other transfers as may be prescribed. 2000, c. 27, s. 60 (2).
Transfers after transfer order
61. (1) If a transfer of real property described in paragraph 2 of subsection 60 (2) is made before documents relating to the transfer of the property to the transferee are registered or deposited under the Registry Act or registered under the Land Titles Act in accordance with section 43, the person to whom the property is transferred as described in that paragraph may execute any document and shall perform any duty of the transferee under section 43. 2000, c. 27, s. 61 (1). Same (2) If a local housing corporation transfers to an entity mentioned in a subparagraph of paragraph 2 of subsection 60 (2) pursuant to an agreement all of the assets, liabilities, rights and obligations that were transferred to the local housing corporation by a transfer order, (a) all of the restrictions and conditions that applied to the transfer to the local housing corporation by the transfer order apply to the transfer by the local housing corporation; and (b) subsection 34 (3), section 36, subsections 46 (2), (3), (4) and (9), section 48, subsection 50 (1) and paragraphs 1, 2 and 4 of subsection 50 (2) apply, with necessary modifications, to the transfer by the local housing corporation. 2000, c. 27, s. 61 (2). Same (3) Subsection 34 (3), section 36, subsections 46 (2), (3), (4) and (9), section 48, subsection 50 (1) and paragraphs 1, 2 and 4 of subsection 50 (2) apply, with necessary modifications, to a transfer by an entity mentioned in subparagraph 2 iii or iv of subsection 60 (2) pursuant to an agreement of all of its assets, liabilities, rights and obligations to a local housing corporation in the same service area. 2000, c. 27, s. 61 (3). PART V   ELIGIBILITY FOR ASSISTANCE Interpretation
Definition
62. In this Part, “designated housing project” means, with respect to a service manager, a housing project located in the service manager’s service area that is subject to a housing program prescribed for the purposes of this Part. 2000, c. 27, s. 62.
Supportive housing provider
63. A provision of this Part that applies to a supportive housing provider applies to the supportive housing provider only with respect to the units that are special needs housing in the housing projects operated by it. 2000, c. 27, s. 63.
Service manager, supportive housing provider or lead agency
64. Where subsection 71 (1) or (2), 72 (1), (2), (4) or (5), 73 (1), (2), (3) or (4), 74 (1), (2), (3), (4) or (5), 82 (2) or 90 (2) or (5) refers to a service manager, supportive housing provider or lead agency, it shall be interpreted in accordance with the following rules:  1. If a lead agency is designated for the service area or a part of the service area and if a regulation is in force specifying that the provision applies to the lead agency with respect to a specified type of special needs housing, the provision shall be deemed to apply only to the lead agency with respect to that type of special needs housing and not to the service manager or a supportive housing provider. 2. If a regulation is in force specifying that the provision applies to a supportive housing provider with respect to a specified type of special needs housing, the provision shall be deemed to apply only to a supportive housing provider with respect to that type of special needs housing and not to the service manager or lead agency. 3. If there is no regulation in force specifying that the provision applies to a supportive housing provider or to a lead agency with respect to a specified type of special needs housing, the provision shall be deemed to apply to the service manager with respect to that type of special needs housing and shall not apply to a supportive housing provider or lead agency. 2000, c. 27, s. 64; 2006, c. 19, Sched. O, s. 5 (3). Eligibility for Rent-geared-to-Income Assistance
Application for assistance
65. (1) A member of a household who wishes to receive rent-geared-to-income assistance for a unit in a designated housing project may apply to the service manager and shall do so in accordance with this section. 2000, c. 27, s. 65 (1). Same (2) The application must contain such information and documents as may be prescribed or as may be required by the service manager and must be submitted in a form approved by the service manager. 2000, c. 27, s. 65 (2).
Eligibility for assistance
66. (1) A service manager shall determine whether a household that applies for rent-geared-to-income assistance for a unit in a designated housing project of the service manager is eligible for it. 2000, c. 27, s. 66 (1). Same, continued eligibility (2) The service manager shall periodically determine whether each household paying geared-to-income rent for a unit in a designated housing project of the service manager continues to be eligible for rent-geared-to-income assistance. 2000, c. 27, s. 66 (2). Eligibility rules (3) The decisions required by this section shall be made in accordance with such eligibility rules as may be established under this Act. 2000, c. 27, s. 66 (3). Duty (4) A service manager shall ensure that rent-geared-to-income assistance is paid only in respect of households that are eligible for it. 2000, c. 27, s. 66 (4). Notice to household (5) The service manager shall give written notice to the household of its decisions under this section, and shall do so in accordance with such requirements as may be prescribed. 2000, c. 27, s. 66 (5). Notice to housing provider (6) If a decision under this section affects a housing provider operating a designated housing project, the service manager shall also notify the housing provider about the decision. 2000, c. 27, s. 66 (6).
Type of accommodation
67. (1) A service manager shall determine what type of accommodation is permissible for a household that applies for rent-geared-to-income assistance for a unit in a designated housing project of the service manager. 2000, c. 27, s. 67 (1). Same (2) A service manager shall periodically determine whether the accommodation occupied by a household paying geared-to-income rent in a designated housing project of the service manager continues to be permissible accommodation for the household. 2000, c. 27, s. 67 (2). Occupancy standards (3) The service manager shall make the decisions required by this section in accordance with such occupancy standards as may be established under this Act. 2000, c. 27, s. 67 (3). Notice to household (4) The service manager shall give written notice to the household of its decisions under this section, and shall do so in accordance with such requirements as may be prescribed. 2000, c. 27, s. 67 (4). Notice to housing provider (5) If a decision under this section affects a housing provider operating a designated housing project, the service manager shall also notify the housing provider about the decision. 2000, c. 27, s. 67 (5).
Waiting lists for units
68. (1) A service manager shall establish and administer one or more waiting lists for rent-geared-to-income units in its designated housing projects, and shall do so in accordance with such requirements as may be prescribed. 2000, c. 27, s. 68 (1). Waiting list for each housing project (2) If a centralized waiting list is established for all designated housing projects in a service area, the service manager shall maintain a subsidiary waiting list for each of the designated housing projects. 2000, c. 27, s. 68 (2). Eligibility (3) A household is eligible to be included on a waiting list if the service manager has determined that the household is eligible for rent-geared-to-income assistance in a designated housing project of the service manager and if the household is awaiting accommodation in, or a transfer to, such a housing project. 2000, c. 27, s. 68 (3). Category (4) The service manager shall determine what category within a waiting list the household is to be included in, and shall do so in accordance with such requirements as may be prescribed. 2000, c. 27, s. 68 (4). Rank (5) The service manager shall rank the households on the waiting list or lists, and shall do so in accordance with such priority rules as may be established under this Act. 2000, c. 27, s. 68 (5). Notice to household (6) The service manager shall give written notice to a household about whether the household is included on a waiting list and what category the household is listed in, and shall do so in accordance with such requirements as may be prescribed. 2000, c. 27, s. 68 (6). Notice to housing provider (7) If a decision under this section affects a housing provider operating a designated housing project, the service manager shall also notify the housing provider about the decision. 2000, c. 27, s. 68 (7).
Amount of geared-to-income rent
69. (1) A service manager shall determine the amount of geared-to-income rent payable by each household that is eligible for rent-geared-to-income assistance in a designated housing project and that occupies a unit in such a housing project. 2000, c. 27, s. 69 (1). Manner of determination (2) The determination shall be made in accordance with such standards as may be prescribed. 2000, c. 27, s. 69 (2). Notice to household (3) The service manager shall give written notice to the household of its decision under this section, and shall do so in accordance with such requirements as may be prescribed. 2000, c. 27, s. 69 (3). Notice to housing provider (4) If a decision under this section affects a housing provider operating a designated housing project, the service manager shall also notify the housing provider about the decision. 2000, c. 27, s. 69 (4).
Deferral of geared-to-income rent
70. (1) A household receiving rent-geared-to-income assistance may apply to the service manager for a deferral of all or part of the rent payable by the household. 2000, c. 27, s. 70 (1). Application (2) The application must be made in accordance with such requirements as may be prescribed. 2000, c. 27, s. 70 (2). Decision (3) The service manager may defer payment of all or part of the rent payable by the household and may do so in such circumstances as may be prescribed and in accordance with such criteria as may be prescribed. 2000, c. 27, s. 70 (3). Notice to household (4) The service manager shall give written notice to the household of its decision respecting the deferral, and shall do so in accordance with such requirements as may be prescribed. 2000, c. 27, s. 70 (4). Notice to housing provider (5) If a decision under this section affects a housing provider operating a designated housing project, the service manager shall also notify the housing provider about the decision. 2000, c. 27, s. 70 (5). Eligibility for Special Needs Housing
Application for special needs housing
71. (1) A member of a household who wishes to have special needs housing in a designated housing project of a service manager may apply in accordance with this section to the service manager, to a supportive housing provider or, if a lead agency is designated for the service area, to the lead agency. 2000, c. 27, s. 71 (1). Same (2) The application must contain such information and documents as may be prescribed or as may be required by the service manager, supportive housing provider or lead agency and must be submitted in a form approved by the service manager, supportive housing provider or lead agency. 2000, c. 27, s. 71 (2).
Eligibility for special needs housing
72. (1) A service manager, supportive housing provider or lead agency, as the case may be, shall determine whether a household that applies for special needs housing in a designated housing project of the service manager is eligible for it. 2000, c. 27, s. 72 (1). Same, continued eligibility (2) The service manager, supportive housing provider or lead agency shall periodically determine whether each household occupying special needs housing in a designated housing project of the service manager continues to be eligible for it. 2000, c. 27, s. 72 (2). Eligibility rules (3) The decisions required by this section shall be made in accordance with such eligibility rules as may be established under this Act for special needs housing. 2000, c. 27, s. 72 (3). Duty (4) A service manager, supportive housing provider or lead agency shall ensure that special needs housing is given to only those households that are eligible for it. 2000, c. 27, s. 72 (4). Notice to household (5) The service manager, supportive housing provider or lead agency shall give written notice to the household of its decisions under this section, and shall do so in accordance with such requirements as may be prescribed. 2000, c. 27, s. 72 (5). Notice to housing provider (6) If a decision by a service manager or lead agency under this section affects a housing provider operating a designated housing project, the service manager or lead agency shall also notify the housing provider about the decision. 2000, c. 27, s. 72 (6).
Type of accommodation
73. (1) If a household applies for special needs housing and rent-geared-to-income assistance in a designated housing project of a service manager, the service manager, supportive housing provider or lead agency, as the case may be, shall determine what type of accommodation is permissible for the household. 2000, c. 27, s. 73 (1). Same (2) The service manager, supportive housing provider or lead agency shall periodically determine whether the accommodation occupied by a household residing in special needs housing in a designated housing project of the service manager and paying geared-to-income rent continues to be permissible accommodation for the household. 2000, c. 27, s. 73 (2). Occupancy standards (3) The service manager, supportive housing provider or lead agency shall make the decisions required by this section in accordance with such occupancy standards as may be established under this Act. 2000, c. 27, s. 73 (3). Notice to household (4) The service manager, supportive housing provider or lead agency shall give written notice to the household of its decisions under this section, and shall do so in accordance with such requirements as may be prescribed. 2000, c. 27, s. 73 (4). Notice to housing provider (5) If a decision by a service manager or lead agency under this section affects a housing provider operating a designated housing project, the service manager or lead agency shall also notify the housing provider about the decision. 2000, c. 27, s. 73 (5). Non-application of s. 67 (6) Section 67 does not apply if this section applies. 2000, c. 27, s. 73 (6).
Waiting lists for special needs housing
74. (1) A service manager, supportive housing provider or lead agency, as the case may be, shall establish and administer one or more waiting lists for special needs housing in the designated housing projects of the service manager, and shall do so in accordance with such requirements as may be prescribed. 2000, c. 27, s. 74 (1). Eligibility (2) A household is eligible to be included on a waiting list if the service manager, supportive housing provider or lead agency has determined that the household is eligible for special needs housing in a designated housing project of the service manager and if the household is awaiting accommodation in, or a transfer to, such a housing project. 2000, c. 27, s. 74 (2). Category (3) The service manager, supportive housing provider or lead agency shall determine what category within a waiting list the household is to be included in, and shall do so in accordance with such requirements as may be prescribed for special needs housing. 2000, c. 27, s. 74 (3). Rank (4) The service manager, supportive housing provider or lead agency shall rank the households on the waiting list or lists, and shall do so in accordance with such priority rules as may be established under this Act with respect to special needs housing. 2000, c. 27, s. 74 (4). Notice to household (5) The service manager, supportive housing provider or lead agency shall give written notice to a household about whether the household is included on a waiting list and what category the household is listed in, and shall do so in accordance with such requirements as may be prescribed. 2000, c. 27, s. 74 (5). Notice to housing provider (6) If a decision by a service manager or lead agency under this section affects a housing provider operating a designated housing project, the service manager or lead agency shall also notify the housing provider about the decision. 2000, c. 27, s. 74 (6). Provision of information (7) A service manager shall, in accordance with such requirements as may be prescribed, provide applicants for special needs housing with information pertaining to the availability of special needs housing in its service area. 2000, c. 27, s. 74 (7). Request for information (8) A service manager may request supportive housing providers and lead agencies in its service area to provide it with such information as it considers necessary to enable it to provide the information referred to in subsection (7), and each supportive housing provider and lead agency shall comply with such a request. 2000, c. 27, s. 74 (8). Eligibility Rules, Occupancy Standards and Priority Rules
Occupancy standards
76. (1) Occupancy standards shall be established under this Part for the purpose of determining the size and type of unit in respect of which a household with prescribed characteristics is eligible to receive rent-geared-to-income assistance. 2000, c. 27, s. 76 (1). Same (2) Occupancy standards may take into consideration the number and type of rooms in a unit, the number of members in the household, the age and gender of each member, the relationship of each member to the others, space for equipment or support services and other factors. 2000, c. 27, s. 76 (2). Provincial standards (3) Provincial occupancy standards for transferred housing programs may be established by regulation. 2000, c. 27, s. 76 (3). Local standards (4) A service manager shall establish local occupancy standards for such transferred housing programs as may be prescribed for the purposes of this section, and shall do so within the prescribed period of time. 2000, c. 27, s. 76 (4). Deemed local standards (5) If the service manager does not establish local occupancy standards for a housing program within the prescribed period of time, the service manager shall be deemed to have established local standards that are identical to the provincial occupancy standards for the program. 2000, c. 27, s. 76 (5). Effective date (6) Local occupancy standards take effect on the date specified by the service manager. 2000, c. 27, s. 76 (6). Non-application of provincial standards (7) When local occupancy standards are established or are deemed to be established for a transferred housing program, the provincial occupancy standards cease to apply to it. 2000, c. 27, s. 76 (7).
Priority rules
77. (1) Priority rules shall be established under this Part for the purpose of determining the ranking of households on waiting lists. 2000, c. 27, s. 77 (1). Particulars (2) The following rules may be included in the priority rules: 1. A rule respecting how a household or class of household must be ranked. 2. A rule respecting how a household or a class of household must not be ranked. 3. A rule providing for transitional matters in connection with the implementation of a priority rule. 2000, c. 27, s. 77 (2). Provincial rules (3) Provincial priority rules for transferred housing programs may be established by regulation. 2000, c. 27, s. 77 (3). Local rules (4) A service manager may establish local priority rules for rent-geared-to-income assistance and the local rules take effect on the date specified by the service manager. 2000, c. 27, s. 77 (4). Same (5) Local priority rules apply in addition to the provincial priority rules. 2000, c. 27, s. 77 (5). Factors to be considered (6) In establishing local priority rules, a service manager shall take into consideration the length of time a household has been on a waiting list and the need to relieve the hardship or economic disadvantage of persons or groups. 2000, c. 27, s. 77 (6). No residency criterion (7) A priority rule cannot rank one household in priority to another household just because the former resides within the applicable service manager’s service area and the latter does not. 2000, c. 27, s. 77 (7).
Invalidity
78. (1) An application procedure or a local eligibility rule, occupancy standard or priority rule that contravenes this Act or a regulation is invalid and of no force or effect. 2000, c. 27, s. 78 (1). Conflict (2) In the event of a conflict between this Act or a regulation and a local eligibility rule or a local priority rule, this Act or the regulation prevails. 2000, c. 27, s. 78 (2).
Public inspection of rules
79. Upon request, a service manager shall make available a copy of the application procedures, local eligibility rules, local occupancy standards and local priority rules for inspection by any person during normal business hours at a place designated by the service manager and the person may copy them at his or her own expense. 2000, c. 27, s. 79. Decisions and Internal Review
Opportunity to comment
80. Before a service manager, supportive housing provider or lead agency makes a decision that is adverse to a household and that may be reviewed under section 82, it shall, subject to such restrictions and requirements as may be prescribed, give the members of the household an opportunity to comment on any information that, in the opinion of the decision-maker, may form a significant basis for the decision. 2000, c. 27, s. 80. Notices
Notice to household
81. (1) When giving a household notice of a decision that may be reviewed under section 82, the service manager, supportive housing provider or lead agency shall tell the household that any member of the household is entitled to request a review, and shall include information on how to make such a request and the deadline for doing so. 2000, c. 27, s. 81 (1). Notice to housing provider (2) The service manager or lead agency shall notify the housing provider of any decision that may affect the housing provider and that may be reviewed under section 82 and of the review process available to members of a household in respect of the decision. 2000, c. 27, s. 81 (2). Same (3) If a member of a household requests a review under section 82 of a decision that may affect a housing provider, the service manager or lead agency shall notify the housing provider of the details of the request. 2000, c. 27, s. 81 (3).
Internal review
82. (1) A member of a household may request an internal review of any of the following decisions of a service manager, supportive housing provider or lead agency: 1. A decision that the household is ineligible for rent-geared-to-income assistance. 2. A decision that the household is ineligible for special needs housing. 3. A decision respecting the type of accommodation in which the household may be accommodated. 4. A decision respecting the category into which the household has been placed on a waiting list. 5. A decision respecting the amount of geared-to-income rent payable by the household. 6. A decision respecting a deferral of geared-to-income rent payable by the household. 2000, c. 27, s. 82 (1). Request for internal review (2) The request for an internal review must be made in accordance with such requirements as may be prescribed or, if none are prescribed, in accordance with such requirements as may be established by the service manager, supportive housing provider or lead agency. 2000, c. 27, s. 82 (2).
Conduct of review
83. (1) An internal review must be conducted in accordance with such requirements as may be prescribed. 2000, c. 27, s. 83 (1). Same (2) The Statutory Powers Procedure Act does not apply to an internal review. 2000, c. 27, s. 83 (2).
When decision takes effect
84. (1) A decision by a service manager under section 66, 67, 68, 69, 72, 73 or 74 or a decision of a supportive housing provider or lead agency under section 72, 73 or 74 is effective from the date specified by the service manager, supportive housing provider or lead agency, whether that date is before, on or after the date the decision was made. 2000, c. 27, s. 84 (1). When non-reviewable decision is final (2) A decision that is not reviewable by an internal review is final when it is made. 2000, c. 27, s. 84 (2). When reviewable decision is final (3) A decision that is reviewable by an internal review is final when the prescribed period for requesting the internal review expires, if no internal review is requested within that period. 2000, c. 27, s. 84 (3). When reviewer’s decision is final (4) A decision of a person conducting an internal review is final when it is made. 2000, c. 27, s. 84 (4). Administration
Prohibition re obtaining assistance
85. (1) No member of a household shall knowingly obtain or receive rent-geared-to-income assistance for which the household is not eligible under this Act. 2000, c. 27, s. 85 (1). Same (2) A person shall not knowingly aid or abet a member of a household to obtain or receive rent-geared-to-income assistance for which the household is not eligible under this Act. 2000, c. 27, s. 85 (2). Penalty (3) A person who contravenes subsection (1) or (2) 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. 85 (3).
Reimbursement of service manager
86. (1) If a household pays geared-to-income rent at a lower rate than the rate to which the household is entitled under this Part, the service manager may request that the household reimburse the service manager for the excess amount of rent-geared-to-income assistance paid on behalf of the household. 2000, c. 27, s. 86 (1). Joint and several liability (2) If the service manager requests a household to reimburse the service manager, the members of the household who are parties to the lease or the occupancy agreement for the unit are jointly and severally liable to pay the amount owing to the service manager. 2000, c. 27, s. 86 (2). Amount (3) The amount to be paid to the service manager shall be determined in accordance with such requirements as may be prescribed. 2000, c. 27, s. 86 (3). Collection of amount owing (4) The service manager may collect the amount owing by increasing the amount of the geared-to-income rent payable by the household or by any other means available at law. 2000, c. 27, s. 86 (4). Same (5) If the service manager increases the amount of geared-to-income rent in order to collect the amount owing, the amount of the increase cannot exceed such percentage of the existing geared-to-income rent as may be prescribed and the increase is effective just until the amount owing is paid. 2000, c. 27, s. 86 (5). Notice of increase (6) The service manager shall not increase the amount of the geared-to-income rent under this section until the service manager gives written notice of the increase to the household, in accordance with such requirements as may be prescribed. 2000, c. 27, s. 86 (6). Same (7) Sections 116 and 118 of the Residential Tenancies Act, 2006 do not apply with respect to a rent increase authorized by this section. 2000, c. 27, s. 86 (7); 2006, c. 17, s. 257 (2).
Agreement prohibited
87. A service manager shall not enter into an agreement providing for another person to establish local eligibility rules, local occupancy standards or local priority rules, and any such agreement is invalid and of no force or effect. 2000, c. 27, s. 87.
Designation of lead agencies
88. (1) The Lieutenant Governor in Council may designate one or more persons to act as a lead agency within the service area of a service manager for the purpose of administering access to special needs housing by such classes of household as the designation specifies, and the designation must be made in accordance with such requirements as may be prescribed. 2000, c. 27, s. 88 (1). Notice (2) The Minister shall give written notice to the applicable service manager and to affected housing providers of the designation of a lead agency for the service area. 2000, c. 27, s. 88 (2). Transfer of duties, etc. (3) When making a designation, the Lieutenant Governor in Council may transfer such rights and duties of a service manager as the Lieutenant Governor in Council considers appropriate with respect to the provision of special needs housing, (a) from a service manager to a lead agency or from a lead agency to a service manager; (b) from one lead agency to another lead agency. 2000, c. 27, s. 88 (3). Same (4) A transfer under subsection (3) takes effect on the date specified by the Lieutenant Governor in Council. 2000, c. 27, s. 88 (4). Notice of transfer (5) The Minister shall give written notice to the affected parties of a transfer of rights and duties under subsection (3). 2000, c. 27, s. 88 (5).
Referral agreements
89. (1) In this section, “referral agreement” means an agreement entered into by a housing provider before the date of the transfer of responsibility for a housing project under section 10 in which the housing provider gives a right to another person to control access to special needs housing within the housing project. 2000, c. 27, s. 89 (1). Termination (2) If the Minister, after consulting with the parties to a referral agreement, forms the opinion that the agreement should be terminated, the Lieutenant Governor in Council may make a regulation terminating the agreement on the date prescribed in the regulation. 2000, c. 27, s. 89 (2). Amendment (3) After consulting with the parties to a referral agreement, the Minister or the service manager may amend a referral agreement if the amendments are made in accordance with the prescribed rules. 2000, c. 27, s. 89 (3).
Application procedures
90. (1) A service manager shall establish procedures governing applications for rent-geared-to-income assistance. 2000, c. 27, s. 90 (1). Same (2) A service manager, supportive housing provider or lead agency, as the case may be, shall establish procedures governing applications for special needs housing. 2000, c. 27, s. 90 (2). Transition (3) The application procedures may include rules providing for transitional matters in connection with the procedures. 2000, c. 27, s. 90 (3). Effective date (4) The application procedures take effect on the day specified by the service manager, supportive housing provider or lead agency. 2000, c. 27, s. 90 (4). Special needs housing (5) In establishing application procedures for special needs housing, the service manager, supportive housing provider or lead agency shall comply with such regulations as may be made by the Minister governing their establishment. 2000, c. 27, s. 90 (5). PART VI   OPERATING FRAMEWORK — CERTAIN TRANSFERRED HOUSING PROGRAMS Application upon Termination of Operating Agreements