jswizzle3737/ontario_laws_and_regs huggingface dataset:
Termination of operating agreements
91. (1) Every operating agreement entered into before the day this section comes into force, other than one described in subsection (2), is terminated on the date prescribed for the housing project to which the operating agreement relates. 2000, c. 27, s. 91 (1). Excluded operating agreements (2) Subsection (1) does not apply to the following operating agreements: 1. A rent supplement agreement. 2. An operating agreement relating to a housing project that the Ministry of Health and Long-Term Care or the Ministry of Community and Social Services is responsible for funding and administering under a housing program, by virtue of a prescribed memorandum of understanding. 3. An operating agreement to which the Government of Canada or the Canada Mortgage and Housing Corporation is a party and that was entered into under a prescribed housing program. 4. An operating agreement relating to a prescribed housing project. 2000, c. 27, s. 91 (2). Notice (3) At least 30 days before the date an operating agreement is terminated under this section, the Minister shall give written notice of the termination to the housing provider operating the housing project to which the operating agreement relates and to the service manager in whose service area the housing project is located. 2000, c. 27, s. 91 (3). Non-compliance (4) Non-compliance with subsection (3) does not affect the validity of the termination of the operating agreement. 2000, c. 27, s. 91 (4).
Application, housing providers
92. (1) This Part applies with respect to each transferred housing project for which the operating agreement is terminated under section 91, and does not apply with respect to any other housing project. 2000, c. 27, s. 92 (1). Same (2) This Part ceases to apply to a housing project on the date the duty to pay a subsidy for the housing project is terminated under subsection 102 (2). 2000, c. 27, s. 92 (2). Application, service managers (3) This Part applies to each service manager whose service area includes a housing project to which this Part applies. 2000, c. 27, s. 92 (3). Duties of Housing Providers
Provincial requirements for housing providers
93. (1) Every housing provider is required to meet such provincial requirements as may be prescribed. 2000, c. 27, s. 93 (1). Same (2) Without limiting the generality of subsection (1), the provincial requirements must include matters relating to, (a) the housing provider’s corporate structure, including its constating documents and by-laws; (b) the housing provider’s operation, management and maintenance of its housing projects and its selection of property managers; (c) the housing provider’s participation in a waiting list system established for the service area by the service manager for rent-geared-to-income assistance or a waiting list system established for the service area by the service manager or a lead agency for special needs housing; (d) the housing provider’s compliance with eligibility rules, occupancy standards and priority rules established under Part V for the service area, including those established with respect to special needs housing, and the housing provider’s selection of households to occupy vacant units in its housing projects; (e) the housing provider’s relationship with the occupants of its housing projects; (f) the housing provider’s participation in a system for pooling capital reserves for investment purposes; (g) the housing provider’s participation in a system for group insurance of housing projects; (h) the housing provider’s participation in a system or process for the renewal or replacement of mortgage financing; (i) such other matters as the Minister considers to be necessary or desirable for the proper operation of housing projects. 2000, c. 27, s. 93 (2). Replacement of requirements (3) The provincial requirements for housing providers may specify those requirements that may be replaced by a rule agreed upon in writing by the service manager and the housing provider. 2000, c. 27, s. 93 (3). Same (4) If a service manager and a housing provider agree in writing to replace a provincial requirement with an agreed rule, the rule applies between them and the provincial requirement ceases to apply. 2000, c. 27, s. 93 (4).
Local standards
94. (1) A service manager may establish local standards for housing providers that operate housing projects in its service area with respect to such matters as may be prescribed by the Minister, other than a matter relating to a matter mentioned in clause 93 (2) (a), (b), (e), (f), (g) or (h). 2000, c. 27, s. 94 (1). Same (2) Every housing provider is required to comply with the local standards. 2000, c. 27, s. 94 (2). Same (3) The local standards apply in addition to the provincial requirements and agreed rules established under section 93. 2000, c. 27, s. 94 (3). Effective date (4) Local standards come into effect on the date specified by the service manager. 2000, c. 27, s. 94 (4). Notice (5) The service manager shall give written notice of the local standards to each affected housing provider. 2000, c. 27, s. 94 (5).
Restriction on transfer, etc., of housing project
95. (1) Subject to subsections (2) and (2.1), a housing provider shall not, without the prior written consent of the service manager and the Minister, transfer, lease or otherwise dispose of or offer, list, advertise or hold out for transfer, lease or other disposal, a housing project or any part of it, including any chattels in it. 2000, c. 27, s. 95 (1); 2006, c. 11, Sched. B, s. 13 (1). Exceptions (2) The housing provider may, without the consent of the Minister or the service manager, (a) lease or offer, list, advertise or hold out for lease, (i) an individual unit in the housing project for a term not exceeding one year, or (ii) a part of the housing project that is not residential; (b) in the case of a housing provider that is a non-profit housing co-operative, (i) allow a member of the co-operative to occupy a member unit of the co-operative, and (ii) allow a non-member of the co-operative to occupy, or offer, list, advertise or hold out for occupancy, a non-member unit of the co-operative for a term not exceeding one year; (c) in the ordinary course of operating the housing project, dispose of or offer, list, advertise or hold out for disposal, chattels in the housing project. 2000, c. 27, s. 95 (2). Exception (2.1) A housing provider does not require the consent of the Minister for a transaction or activity described in subsection (1) relating to a housing project if, before the housing provider carries out the transaction or activity, the service manager for the service area in which the housing project is located provides an indemnity that is acceptable to the Minister in relation to that transaction or activity. 2006, c. 32, Sched. C, s. 61 (4). Restrictions on mortgage, etc. (3) A housing provider shall not mortgage, replace an existing mortgage or otherwise encumber the housing project, or extend the term of or otherwise amend any existing or approved mortgage or other encumbrance of the housing project, unless, (a) it does so in compliance with such rules as may be prescribed; or (b) the Minister has given his or her prior written consent. 2000, c. 27, s. 95 (3). Invalidity (4) An act carried out in contravention of this section is invalid and of no force or effect. 2000, c. 27, s. 95 (4).
Registration requirement, real property
96. (1) Within six months after the operating agreement with respect to a housing project is terminated, the housing provider shall take all such actions as are necessary to register or deposit under the Registry Act or to register under the Land Titles Act, against title to the property on which the housing project is located, a document setting out the restrictions imposed by section 95. 2000, c. 27, s. 96 (1). Exception (2) The housing provider is not required to comply with subsection (1) if a document setting out substantially similar restrictions is already registered or deposited against title. 2000, c. 27, s. 96 (2). Effect (3) If a document described in subsection (2) (the “original document”) is already registered or deposited against title, the registration or deposit of the document shall be deemed to constitute the registration or deposit required by subsection (1) despite section 91 and despite any other Act, and it has effect from the date on which the original document was registered or deposited. 2000, c. 27, s. 96 (3); 2006, c. 19, Sched. O, s. 5 (4). Form of document (4) The document required by subsection (1) may be prepared in a form suitable for a transfer that is submitted for electronic registration. 2000, c. 27, s. 96 (4). Registration or deposit (5) The document required 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, despite any provision of those Acts. 2000, c. 27, s. 96 (5). Notice to service manager (6) The housing provider shall give written notice to the service manager of the registration or deposit of the document under subsection (1) or of the document described in subsection (2), and shall give the notice within six months after the applicable operating agreement is terminated. 2000, c. 27, s. 96 (6).
Language of services
97. A housing provider shall provide services in either the French or the English language and may also provide services in such other languages, in addition to French or English, as the housing provider may choose. 2000, c. 27, s. 97. Operating Standards for Housing Projects
Targeting plan
98. (1) After reviewing the targeting plan set out in the operating agreement for a housing project and after consulting the housing provider, the Minister shall establish a targeting plan for the housing project and shall give written notice of the plan to the housing provider and the service manager at least 30 days before the operating agreement for the project is terminated. 2000, c. 27, s. 98 (1). Same (2) The targeting plan takes effect on the date on which the operating agreement for the housing project is terminated and continues in effect until it is amended, terminated or replaced in accordance with this section. 2000, c. 27, s. 98 (2). Amendment, termination or replacement (3) The housing provider and the service manager may amend, terminate or replace the targeting plan by an agreement in writing. 2000, c. 27, s. 98 (3).
Mandate
99. (1) After reviewing the mandate, if any, of a housing provider set out in the operating agreement for a housing project and after consulting the housing provider, the Minister may establish a mandate for the housing provider with respect to the housing project and shall give written notice of the mandate to the housing provider and to the service manager at least 30 days before the operating agreement is terminated. 2000, c. 27, s. 99 (1). Same (2) The mandate takes effect on the date on which the operating agreement for the housing project is terminated and continues in effect until it is amended, terminated or replaced in accordance with this section. 2000, c. 27, s. 99 (2). Amendment, termination or replacement (3) The housing provider and the service manager may amend, terminate or replace the mandate by an agreement in writing. 2000, c. 27, s. 99 (3). Same, special needs housing (4) The housing provider and the service manager shall not amend or terminate a mandate that refers to special needs housing unless they have the prior written consent of the Minister to do so. 2000, c. 27, s. 99 (4). Invalid amendment, termination or replacement (5) An amendment, termination or replacement of a mandate for a housing project in contravention of subsection (4) is invalid and of no force or effect. 2000, c. 27, s. 99 (5).
Duty to comply with plan, mandate
100. Subject to subsection 93 (1), a housing provider shall select households to occupy vacant units or to receive rent-geared-to-income assistance in a housing project in a manner consistent with the targeting plan and the mandate for the housing project. 2000, c. 27, s. 100.
Change in number of rent-geared-to-income units
101. (1) Despite section 100, a service manager may require a housing provider to increase or decrease the number of rent-geared-to-income units in a housing project by the number specified in the notice, but shall do so only after consulting with the housing provider. 2000, c. 27, s. 101 (1). Notice (2) The service manager shall give written notice of the requirement to the housing provider and the notice must specify the effective date as of which the housing provider must begin to implement the specified increase or decrease. 2000, c. 27, s. 101 (2). When notice to be given (3) The notice shall be given at least three months before the effective date. 2000, c. 27, s. 101 (3). Duty to implement (4) The housing provider shall implement the increase or decrease specified in the notice as units in the housing project become vacant on and after the effective date. 2000, c. 27, s. 101 (4). Decrease restricted (5) The service manager shall not require the housing provider to decrease the number of rent-geared-to-income units if the effect of the decrease would be to reduce the total number of rent-geared-to-income units in the service manager’s service area below the service levels prescribed for the purposes of section 11. 2000, c. 27, s. 101 (5). Change restricted (6) The service manager shall not require the housing provider to increase or decrease the number of rent-geared-to-income units if the effect of the increase or decrease in rent-geared-to-income units would be to decrease by more than 10 per cent, or to increase by more than 10 per cent, the number of market units set out in the targeting plan that is in effect for the housing project under section 98. 2000, c. 27, s. 101 (6). Conflict (7) Subsection (4) applies despite a by-law passed under section 34 of the Planning Act, an agreement entered into under section 41 or 51 of the Planning Act or an agreement entered into under section 453.1 of the City of Toronto Act, 2006. 2000, c. 27, s. 101 (7); 2006, c. 32, Sched. C, s. 61 (5). Subsidy Payable to Housing Providers
Duty to pay subsidy
102. (1) The service manager in whose service area a housing project to which this Part applies is located shall pay a subsidy to the housing provider that operates the project. 2000, c. 27, s. 102 (1). Termination (2) The duty to pay a subsidy for a housing project is terminated on the date prescribed by the Minister. 2000, c. 27, s. 102 (2).
Benchmark revenue, etc.
104. (1) The Minister shall determine the following amounts in the prescribed manner for each housing provider entitled to a subsidy calculated under section 103 in respect of the provider’s housing projects in a service area: 1. The amount of the provider’s benchmark revenue. 2. The amount of the provider’s benchmark operating costs. 3. The amount of the provider’s affordable mortgage payment described in subsection 103 (4). 4. The amount of the provider’s benchmark market rent applicable to each unit or class of units prescribed by the Minister. 2000, c. 27, s. 104 (1). Notice by Minister (2) The Minister shall notify each housing provider of the amounts determined under subsection (1) for that provider and shall notify each service manager of the amounts determined in respect of housing providers and housing projects in the service manager’s service area. 2000, c. 27, s. 104 (2). Notice by corporation (3) The Social Housing Services Corporation shall notify each housing provider of the market rent indices applicable to its housing projects for a fiscal year and shall notify each service manager of the market rent index or indices applicable to the provider’s housing projects in the service manager’s service area. 2000, c. 27, s. 104 (3). Interim or final amounts (4) The amounts determined by the Minister under subsection (1) may be interim amounts or final amounts. 2000, c. 27, s. 104 (4). Final amounts determined once (5) The Minister may determine a final amount under subsection (1) only once unless the housing provider to whom the amount applies and the Minister agree that the amount should be changed. 2000, c. 27, s. 104 (5). Exception (6) Despite subsection (5), the Minister may re-determine a final amount determined under subsection (1), without the consent of the housing provider to whom the amount applies if, (a) at the time the final amount was initially determined, the housing provider was administering a waiting list for rent-geared-to-income units or for special needs housing or was determining the amount of geared-to-income rent payable by households; and (b) the housing provider has since ceased to do so. 2000, c. 27, s. 104 (6).
Estimates by housing provider
105. (1) Before the beginning of each fiscal year, a housing provider entitled to a subsidy calculated under section 103 shall determine the following amounts with respect to its housing projects in the service area of each service manager: 1. The estimated total amount of market rent the provider will receive in the fiscal year from its rent-geared-to-income units in those housing projects. 2. The estimated rental payments the provider will receive in the fiscal year from households residing in its rent-geared-to-income units in those housing projects. 3. The amount of the provider’s mandatory payment for the fiscal year in respect of those housing projects. 4. The estimated amount of the property taxes payable for the fiscal year in respect of those housing projects. 5. The estimated amount of principal and interest payable for the fiscal year under mortgages guaranteed by the Province of Ontario or the Ontario Mortgage and Housing Corporation in respect of those housing projects. 2000, c. 27, s. 105 (1); 2006, c. 32, Sched. E, s. 5 (2). Notice by housing provider (2) Every housing provider referred to in subsection (1) shall notify the service manager for each service area in which the provider has housing projects of the amounts determined under subsection (1) in respect of the projects in the service manager’s service area not less than 90 days before the beginning of each fiscal year. 2000, c. 27, s. 105 (2). Notice of change, mortgage (3) A housing provider referred to in subsection (1) shall notify the service manager for the service area in which it has a housing project of every change in the amount of principal or interest payable by the provider in respect of the project. 2000, c. 27, s. 105 (3). Same (4) The housing provider shall give the notice required under subsection (3) before the change takes effect. 2000, c. 27, s. 105 (4).
Subsidy re certain housing providers
106. (1) The amount of the subsidy payable under section 102 to a housing provider for a fiscal year in respect of its housing projects in a service area of a service manager is determined in accordance with this section if the housing provider is prescribed by the Minister for the purposes of this section and if the Minister is satisfied that substantially all of the units in the provider’s housing projects in the service area are rent-geared-to-income units. 2000, c. 27, s. 106 (1). Amount of subsidy (2) The amount of the housing provider’s total subsidy for the fiscal year is determined using the formula, (A – B) + C + D – E in which, “A” is the amount of the provider’s indexed operating costs for the fiscal year in respect of its housing projects in the service area; “B” is the amount of revenue received by the provider for the fiscal year in respect of housing projects in the service area, determined in the prescribed manner by the provider; “C” is the amount of principal and interest payable by the provider for the fiscal year under mortgages guaranteed by the Province of Ontario or the Ontario Mortgage and Housing Corporation in respect of the provider’s housing projects in the service area; “D” is the amount of property taxes payable by the provider for the fiscal year in respect of its housing projects in the service area; “E” is the amount equal to 50 per cent of the amount of the provider’s surplus, if any, for the fiscal year in respect of its housing projects in the service area or such lesser amount as the service manager may determine. 2000, c. 27, s. 106 (2); 2006, c. 32, Sched. E, s. 5 (2). Indexed operating costs (3) The amount of the provider’s indexed operating costs for a fiscal year in respect of its housing projects in a service area is the amount determined in accordance with the following rules: 1. For the first fiscal year for which the housing provider is eligible to receive a subsidy under this Act, the amount of its indexed operating costs is the amount of its benchmark operating costs as determined by the Minister under section 107 in respect of those housing projects. 2. For each subsequent fiscal year, the amount of the housing provider’s indexed operating costs is the amount determined by multiplying the cost index prescribed by the Minister that is applicable to the housing projects for the fiscal year by the amount of the provider’s indexed operating costs for the previous fiscal year in respect of those housing projects. 2000, c. 27, s. 106 (3). Surplus (4) The amount, if any, of the provider’s surplus for a fiscal year in respect of its housing projects in the service area is the amount determined using the formula, F – (G + H) in which, “F” is the amount of the provider’s indexed operating costs for the fiscal year in respect of those housing projects; “G” is the amount of the provider’s operating costs for the fiscal year in respect of those housing projects, as determined by the Minister; and “H” is the amount of an operating reserve, as determined in the manner prescribed by the Minister. 2000, c. 27, s. 106 (4).
Benchmark operating costs
107. (1) The Minister shall prescribe the manner of determining and shall determine for each housing provider entitled to a subsidy calculated under section 106 the amount of the provider’s benchmark operating costs in respect of its housing projects in each service area. 2000, c. 27, s. 107 (1). Notice (2) The Minister shall notify each housing provider and the service manager within whose service area the units are located of the following matters: 1. The amount of the provider’s benchmark operating costs determined under subsection (1) for its housing projects located in the service manager’s service area. 2. The cost index prescribed for the year by the Minister for the purposes of section 106 that is applicable to the provider and to the service area. 2000, c. 27, s. 107 (2). Amounts determined once (3) The Minister shall determine an amount under subsection (1) only once, unless the housing provider to whom the amount applies and the Minister agree that the amount should be changed. 2000, c. 27, s. 107 (3). Exception (4) Despite subsection (3), the Minister may re-determine an amount determined under subsection (1), without the consent of the housing provider to whom the amount applies if, (a) at the time the amount was initially determined, the housing provider was administering a waiting list for rent-geared-to-income units or for special needs housing or was determining the amount of geared-to-income rent payable by households; and (b) the housing provider has since ceased to do so. 2000, c. 27, s. 107 (4).
Estimates by housing provider
108. (1) Before the beginning of each fiscal year, a housing provider entitled to a subsidy calculated under section 106 shall determine the following amounts with respect to its housing projects in the service area of each service manager: 1. The estimated total amount of revenue the provider will receive in the fiscal year from those housing projects. 2. The estimated amount of the property taxes payable for the fiscal year in respect of those housing projects. 3. The estimated amount of principal and interest payable for the fiscal year under mortgages guaranteed by the Province of Ontario or the Ontario Mortgage and Housing Corporation in respect of those housing projects. 2000, c. 27, s. 108 (1); 2006, c. 32, Sched. E, s. 5 (2). Application of s. 105 (2) Subsections 105 (2) to (4) apply with necessary modifications to a housing provider referred to in subsection (1). 2000, c. 27, s. 108 (2).
Debt repayment
109. (1) If a housing provider and the Minister entered into a repayment schedule under an agreement that is terminated under this Act, the Minister may establish a new schedule for the repayment of the amount and may direct that the repayment be made to another person. 2000, c. 27, s. 109 (1). Schedule binding (2) A new schedule established under subsection (1) and any direction given by the Minister under that subsection are binding on the housing provider. 2000, c. 27, s. 109 (2). Surplus to be applied (3) A housing provider who is bound by a new repayment schedule established under subsection (1) shall apply the amount of its surplus, if any, as determined under subsection 103 (10) or 106 (4), to the payment of the amounts it owes under the new schedule, until the Minister is satisfied that all amounts owing under that schedule have been paid. 2000, c. 27, s. 109 (3).
Guidelines and requirements
110. (1) The Minister may provide guidelines to service managers and prescribe requirements governing the manner of calculating and paying amounts on account of the subsidies payable under this Part. 2000, c. 27, s. 110 (1). Alteration of formula (2) The Minister may, under subsection (1), prescribe requirements that alter the formula for calculating the subsidy payable to a housing provider as set out in sections 103 to 108 if, in the opinion of the Minister, the economic conditions in respect of the rental housing sector prevailing in Ontario or a part of Ontario are such that the application of the formula does not produce a result that is consistent with the objectives of this Act. 2000, c. 27, s. 110 (2).
Application for additional subsidy
111. (1) A housing provider who is otherwise entitled to a subsidy under section 102 may apply to a service manager for an additional subsidy in respect of its housing projects in the service area of the service manager. 2000, c. 27, s. 111 (1). Additional subsidy (2) A service manager may pay an additional subsidy to the housing provider if the service manager is satisfied that the additional subsidy is appropriate by reason of the provider’s financial situation. 2000, c. 27, s. 111 (2). Terms and conditions (3) The Minister may prescribe terms and conditions that a service manager may impose for the payment of additional subsidies and a service manager may impose any one or more of the prescribed terms and conditions that it considers appropriate for the payment of any additional subsidy. 2000, c. 27, s. 111 (3). Restriction (4) A service manager shall not impose under subsection (3) a term or condition that may have the effect of requiring the housing provider to amend its targeting plan or mandate unless, in the opinion of the service manager, the implementation by the housing provider of the targeting plan or mandate, as the case may be, contributed to the provider’s financial situation. 2000, c. 27, s. 111 (4). Decision final (5) The service manager’s decision is final and binding on both the service manager and the housing provider with respect to, (a) whether to pay an additional subsidy to the housing provider; (b) the amount of any additional subsidy the service manager pays; and (c) any prescribed terms and conditions the service manager imposes on the payment. 2000, c. 27, s. 111 (5). Administration
Records
112. (1) A housing provider shall keep the prescribed records for the prescribed periods of time. 2000, c. 27, s. 112 (1). Same (2) A housing provider shall keep such additional records as may reasonably be required by the service manager for the period of time specified by the service manager. 2000, c. 27, s. 112 (2). Reports
Annual report
113. (1) Within five months after the end of each fiscal year of a housing provider, the housing provider shall give the service manager an annual report for the year. 2000, c. 27, s. 113 (1). Contents of annual report (2) The annual report shall be in the form authorized by the Minister and shall contain the prescribed information and include the prescribed documents. 2000, c. 27, s. 113 (2). Report re households (3) If required to do so by a regulation, a housing provider shall give the service manager a report about the number, type and income of households occupying units under housing programs in the housing provider’s housing projects in the service area. 2000, c. 27, s. 113 (3). Contents (4) The report described in subsection (3) shall be in the form authorized by the Minister and shall contain the prescribed information and include the prescribed documents. 2000, c. 27, s. 113 (4). Restriction (5) The housing provider shall not be required to collect or report information about the income of households not receiving rent-geared-to-income assistance in a housing project. 2000, c. 27, s. 113 (5). Other reports, etc. (6) A housing provider shall give the service manager, at the times specified by the service manager, such other reports, documents and information as the service manager may reasonably request relating to the housing provider’s compliance with this Act and the regulations. 2000, c. 27, s. 113 (6). Form and manner (7) The reports, documents and information mentioned in subsection (6) shall be given in the form and manner approved by the service manager. 2000, c. 27, s. 113 (7). False information (8) A housing provider shall not knowingly furnish false information in a report, document or information given to the service manager under this section. 2000, c. 27, s. 113 (8). Reduction in subsidy (9) If a housing provider does not give the service manager its annual report in accordance with this section, the service manager may reduce the amount of the subsidy payments required to be made to the housing provider under section 102 by no more than 0.5 per cent or $1,000, whichever is less, for each month in which the report remains undelivered. 2000, c. 27, s. 113 (9). Notice (10) The service manager shall give the housing provider written notice of the reduction in its subsidy under subsection (9) at least 30 days before implementing it. 2000, c. 27, s. 113 (10).
Audit or investigation
114. (1) In this section, “auditor” means a person appointed by a service manager under subsection (2). 2000, c. 27, s. 114 (1). Appointment of auditor (2) A service manager may appoint any of its employees or agents to conduct an audit or investigation for the purpose of ensuring that a housing provider operating a housing project is complying with this Act and the regulations. 2000, c. 27, s. 114 (2). Duty of auditor (3) The auditor shall conduct the audit or investigation in accordance with this section and shall give the housing provider notice on or before the date on which he or she begins the audit or investigation. 2000, c. 27, s. 114 (3). Entry (4) For the purposes of the audit or investigation, the auditor may enter and inspect the housing project at any reasonable time. 2000, c. 27, s. 114 (4). Restriction (5) Despite subsection (4), the auditor shall not enter and inspect a unit in the housing project unless a member of the household residing in the unit consents to the entry and inspection after being informed that he or she may refuse to consent to the entry and inspection. 2000, c. 27, s. 114 (5). Use of force prohibited (6) The auditor shall not use force when conducting an audit or investigation. 2000, c. 27, s. 114 (6). Duty to co-operate (7) The housing provider and its employees and agents shall co-operate in all respects with the auditor. 2000, c. 27, s. 114 (7). Restriction (8) Nothing in subsection (7) requires a person to breach any privilege that he or she may have in law with respect to giving information, answering questions or producing documents and things. 2000, c. 27, s. 114 (8). Report must be given to housing provider (9) Within 60 days after the completion of an audit or investigation, the service manager shall prepare a report of the results of the audit or investigation and shall give the housing provider a copy of the report, unless the report has, or circumstances identified in the report have, been referred to a law enforcement agency. 2000, c. 27, s. 114 (9). Report may be given to housing provider (10) If the report has, or circumstances identified in the report have, been referred to a law enforcement agency, the service manager may give the housing provider a copy of all or part of the report if the service manager is satisfied that the housing provider will use it only for the purposes of the proper operation of the housing project. 2000, c. 27, s. 114 (10). Enforcement
Triggering events
115. The following are triggering events for the purposes of this Part: 1. The housing provider contravenes this Act or the regulations. 2. The housing provider becomes bankrupt or insolvent, takes the benefit of any statute for bankrupt or insolvent debtors or makes any proposal, assignment or arrangement with its creditors. 3. Steps are taken or proceedings are commenced by any person to dissolve, wind up or terminate the existence of the housing provider or to liquidate its assets. 4. The housing provider ceases or threatens to cease to carry on business in the normal course. 5. A trustee, receiver, receiver and manager or similar person is appointed with respect to the business or assets of the housing provider. 6. The housing provider makes a bulk sale, other than a bulk sale made under the Bulk Sales Act in conjunction with a transfer approved by the Minister. 7. Any assets of the housing provider are seized under execution or attachment. 8. The housing provider is unable to meet its obligations as they come due. 9. The housing provider incurs an expenditure that is material and excessive, having regard to the normal practices of similar housing providers. 10. The housing provider incurs an accumulated deficit that is material and excessive, having regard to the normal practices of similar housing providers. 11. The housing provider has failed to operate the housing project properly, having regard to the normal practices of similar housing providers. 12. In the case of a housing project on land in which the housing provider has a leasehold interest under a ground lease, the housing provider contravenes the ground lease. 13. In the case of a housing project comprising one or more buildings in which the housing provider has a leasehold interest under a lease, the housing provider contravenes the lease. 2000, c. 27, s. 115.
Remedies
116. (1) If a triggering event occurs, the service manager may exercise one or more of the following remedies and the remedy must be reasonable in the circumstances: 1. The service manager may discontinue or suspend the subsidy payments required to be made to the housing provider under section 102. 2. The service manager may reduce the amount of any subsidy payments required to be made to the housing provider under section 102. 3. The service manager may pay directly to a creditor of the housing provider all or part of a debt owing by the housing provider to the creditor and may reduce the amount of any subsidy payments required to be made to the housing provider under section 102 by the amount of the payment made to the creditor. 4. The service manager may perform any of the duties and exercise any of the powers of the housing provider under this Act. 5. The service manager may appoint a receiver or receiver and manager for a housing project operated by the housing provider. 6. The service manager may seek the appointment by the Superior Court of Justice of a receiver or receiver and manager for a housing project operated by the housing provider. 7. The service manager may remove some or all of the directors or the deemed directors of the housing provider, regardless of whether they were elected or appointed or became directors by virtue of their office. 8. The service manager may appoint one or more individuals as directors of the housing provider. 9. The service manager may exercise any other remedy that it has in law or in equity. 2000, c. 27, s. 116 (1). Waiver (2) A delay by the service manager in exercising a remedy under this Part does not operate as a waiver of the service manager’s right to exercise the remedy at a later time. 2000, c. 27, s. 116 (2). Same (3) A waiver by a service manager of its right to exercise a remedy under this Part does not bind the service manager unless the waiver is in writing and signed by the service manager. 2000, c. 27, s. 116 (3). Same (4) A waiver by a service manager of its right to exercise one remedy in respect of a triggering event does not operate as a waiver by the service manager of its right to exercise another remedy in respect of that triggering event. 2000, c. 27, s. 116 (4). Same (5) A waiver by a service manager of its right to exercise a remedy in respect of a triggering event under one paragraph of section 115 does not operate as a waiver by the service manager of its right to exercise a remedy in respect of, (a) a triggering event under another paragraph of section 115; (b) a different triggering event under the same paragraph of section 115; or (c) the same triggering event, if it reoccurs at a later time. 2000, c. 27, s. 116 (5).
Notice of exercise of remedy
117. (1) A service manager shall not exercise a remedy under section 116 as a result of a triggering event unless, (a) before exercising the remedy, the service manager gives the housing provider a written notice, (i) specifying the particulars of the triggering event, (ii) specifying the activities that the housing provider must carry out or refrain from carrying out or the course of action that the housing provider must take or refrain from taking in order to cure the situation that gave rise to the triggering event, (iii) specifying the period within which the housing provider must comply with the notice, which may not be less than 60 days from the date the notice is given, and (iv) if the notice provides for the submission of a plan by the housing provider, specifying the matters that must be addressed in the plan; and (b) the housing provider does not, within the period specified in the notice, comply with the notice or, if the notice provides for the submission of a plan by the housing provider, the plan submitted by the housing provider does not address the matters specified in the notice or the service manager is reasonably of the opinion that the plan is not acceptable. 2000, c. 27, s. 117 (1). Minister’s consent, project in difficulty (2) If the service manager is required by clause 18 (2) (a), (b) or (c) to give notice to the Minister that a housing project is in difficulty, the service manager shall not exercise any remedy against the housing provider for a triggering event respecting the housing project unless the service manager obtains the prior written consent of the Minister. 2000, c. 27, s. 117 (2). Exceptions (3) Subsections (1) and (2) do not apply if, (a) Repealed: 2006, c. 19, Sched. O, s. 5 (6). (b) the triggering event is that the housing provider has sold, leased or otherwise disposed of or offered, listed, advertised or held out for sale, lease or other disposal, the housing project or any part of it, in a manner contrary to this Act; (c) there is an emergency situation and complying with subsection (1) or (2), as the case may be, may materially worsen the situation; or (d) a report of an audit or investigation of the housing provider has been, or circumstances identified in such a report have been, referred to a law enforcement agency and the report or the circumstances relate to a triggering event. 2000, c. 27, s. 117 (3); 2006, c. 19, Sched. O, s. 5 (6). Training requirement (4) One of the requirements that the service manager may impose on the housing provider for the purposes of subclause (1) (a) (ii) is the requirement to ensure that a director, employee or agent of the housing provider or a person who has contracted with the housing provider to manage the housing project on behalf of the housing provider receives training in respect of prescribed matters. 2000, c. 27, s. 117 (4). Notice (5) A service manager shall give written notice to the Minister containing such information as may be prescribed, if the service manager is exercising any remedy under this Act that does not require the consent of the Minister. 2006, c. 19, Sched. O, s. 5 (7).
Discontinuation or suspension of subsidy
118. A service manager shall not discontinue or suspend subsidy payments under paragraph 1 of subsection 116 (1) unless the service manager is of the opinion that, (a) the triggering event is material and substantial; and (b) the housing provider has not proceeded diligently to comply with the notice given by the service manager under clause 117 (1) (a). 2000, c. 27, s. 118.
Performance of duties, etc., by service manager
119. (1) If a service manager performs any of the duties or exercises any of the powers of a housing provider under paragraph 4 of subsection 116 (1), the housing provider shall, upon request, give the service manager all of the housing provider’s records and information relevant to the performance of those duties or the exercise of those powers. 2000, c. 27, s. 119 (1). Expenses of service manager (2) If a service manager performs any of the duties or exercises any of the powers of a housing provider under paragraph 4 of subsection 116 (1), the service manager may bill the housing provider for the expenses incurred by the service manager in performing those duties and exercising those powers. 2000, c. 27, s. 119 (2). Payment by housing provider (3) A housing provider that is billed under subsection (2) shall pay the amount billed at the time specified by the service manager. 2000, c. 27, s. 119 (3). Collection of amount owing (4) An amount billed to a housing provider under subsection (2) is a debt owing by the housing provider to the service manager and may be recovered by any remedy or procedure available to the service manager by law, including reducing the amount of any subsidy payments required to be made to the housing provider under section 102 by the amount billed. 2000, c. 27, s. 119 (4).
Provincial housing costs
122.  (1) For the purposes of this Act, provincial housing costs for a period are the amount determined by the Minister to be the total of the costs incurred or to be incurred by the Minister in respect of that period to administer and pay expenses relating to prescribed housing programs excluding such costs as may be prescribed. 2000, c. 27, s. 122 (1). Exclusions (2) The Minister may, in his or her discretion, make payments to a person in relation to transferred housing programs or transferred housing projects and those payments are not included in the provincial housing costs. 2000, c. 27, s. 122 (2). Amount (3) The amount of the provincial housing costs for a prescribed billing period is to be determined in accordance with the regulations, and may include estimates of costs still to be incurred in respect of the billing period. 2000, c. 27, s. 122 (3). Same (4) If the amount of the provincial housing costs includes an estimate of costs still to be incurred, the amount may be recalculated in accordance with section 124. 2000, c. 27, s. 122 (4).
Recoverable amount
123.  (1) The Minister shall determine, in accordance with the regulations, the amount to be recovered by the Crown in right of Ontario under this Act in respect of the provincial housing costs for a prescribed billing period. 2000, c. 27, s. 123 (1). Allocation (2) The Minister shall allocate the amount determined under subsection (1) among the service managers in accordance with the regulations. 2000, c. 27, s. 123 (2). Notice (3) The Minister shall give each service manager a written notice setting out the amount allocated to the service manager for the billing period, the date by which the service manager is required to pay the allocated amount and such other information as may be prescribed. 2000, c. 27, s. 123 (3). When notice to be given (4) The notice must be given on or before the date the allocated amount is payable. 2000, c. 27, s. 123 (4). Payment (5) The service manager shall pay the allocated amount to the Minister of Finance in accordance with the notice. 2000, c. 27, s. 123 (5).
Recalculation of provincial housing costs
124. (1) If the amount of the provincial housing costs for a prescribed billing period as determined under section 122 includes an estimate of costs still to be incurred, the Minister shall recalculate the amount when the actual costs become known and shall make the necessary adjustment in the amount payable by each service manager. 2000, c. 27, s. 124 (1). Change in allocations (2) If the Minister is of the opinion that an adjustment is required to a determination under section 122 or to an allocation to a service manager under section 123, or to both, the Minister may review the matter and make the necessary adjustment in the amount payable by one or more service managers. 2000, c. 27, s. 124 (2). Determination final (3) Subject to subsections (1) and (2), the Minister’s determination and allocation are final. 2000, c. 27, s. 124 (3). Notice of adjustment (4) If the Minister makes an adjustment under subsection (1) or (2) in an amount payable by a service manager, the Minister shall give the service manager a written notice of the adjustment, and subsections 123 (3) and (4) apply to this notice with necessary modifications. 2000, c. 27, s. 124 (4). Refund or credit (5) If an amount allocated to a service manager is reduced as a result of an adjustment under subsection (1) or (2), the Minister of Finance shall, (a) pay the difference to the service manager; or (b) subtract the difference from the amount allocated to the service manager for the next prescribed billing period. 2000, c. 27, s. 124 (5). Additional payment by service manager (6) If an amount allocated to a service manager is increased as a result of an adjustment under subsection (1) or (2), the service manager shall pay the difference to the Minister of Finance in accordance with the notice. 2000, c. 27, s. 124 (6).
Interest and penalties
125. If a service manager does not pay the Minister of Finance the amount payable under a notice given under section 123 or 124, the Crown in right of Ontario may charge the service manager interest and penalties in accordance with the regulations. 2000, c. 27, s. 125.
Collection of amounts owing
126. (1) An amount allocated to a service manager is a debt of the service manager owing to the Crown in right of Ontario on and after the due date set out in the notice, and the debt together with any interest or penalty that is charged by the Crown under this Act may be recovered by any remedy or procedure available to the Crown by law. 2000, c. 27, s. 126 (1). Same (2) The Minister of Finance may set off against amounts owing to the service manager under a housing program any amount payable by the service manager to the Minister of Finance. 2000, c. 27, s. 126 (2). Service Manager’s Housing Costs
Service manager’s housing costs
127. (1) A service manager’s housing costs for a period are the sum of, (a) the total of the costs incurred or to be incurred by the service manager in respect of that period in funding and administering, in accordance with this Act and the regulations, the service manager’s transferred housing programs as they relate to its transferred housing projects; and (b) the portion of provincial housing costs that the Minister allocated to the service manager under subsection 123 (2) for that period. 2000, c. 27, s. 127 (1). Exclusions (2) A service manager’s housing costs do not include such amounts as may be prescribed. 2000, c. 27, s. 127 (2).
Calculation by service manager
128.  (1) A service manager shall calculate the amount of its housing costs and shall do so in accordance with such requirements as may be prescribed. 2000, c. 27, s. 128 (1). Billing periods (2) A municipal service manager may set its own billing periods for billing independent municipalities in its service area, and a dssab service manager may do so for billing municipalities in its service area. 2000, c. 27, s. 128 (2). Estimates of future costs (3) A service manager may include in the amount referred to in subsection (1) estimates of costs still to be incurred in respect of the billing period; in that case, section 131 applies. 2000, c. 27, s. 128 (3).