jswizzle3737/ontario_laws_and_regs huggingface dataset:
Crown bound
3. This Act binds the Crown. 2000, c. 27, s. 3. PART II   SERVICE MANAGERS Powers and Duties Service managers and service areas
Designation of service manager
4. (1) The Minister shall by regulation designate the municipalities, the district social services administration boards, the area services boards and the other agencies, boards and commissions that are service managers for the purposes of this Act. 2000, c. 27, s. 4 (1). Service area (2) For each service manager, the Minister shall by regulation specify the geographic area that is the service area of that service manager for the purposes of this Act. 2000, c. 27, s. 4 (2).
Powers of service manager
5. (1) A service manager may, (a) purchase or otherwise acquire a housing project in its service area for the purpose of operating it as a housing project; (b) purchase or otherwise acquire land in its service area for the purpose of operating a housing project on it; (c) construct a housing project on land that it has acquired in its service area; (d) make alterations or additions to a housing project that it has acquired or constructed in its service area; (e) operate and maintain a housing project that it has acquired or constructed in its service area; (f) sell or otherwise dispose of land and housing projects that it has acquired or constructed in its service area; (g) exercise such other powers as may be prescribed. 2000, c. 27, s. 5 (1). Power to establish programs (2) A service manager may also establish, fund and administer programs for the provision of residential accommodation in its service area. 2000, c. 27, s. 5 (2). Restrictions, etc. (3) A service manager shall exercise its powers in accordance with such conditions and restrictions as may be prescribed. 2000, c. 27, s. 5 (3).
Accessible units
5.1 A service manager that exercises a power with respect to a housing project under clause 5 (1) (c) or (d) or a power with respect to a program under subsection 5 (2) shall ensure that, (a) the housing project or the program, as the case may be, contains the prescribed number or percentage of modified units and units that comply with the prescribed criteria and requirements for accessibility for persons with disabilities; and (b) households are selected for occupancy of the modified units and units described in clause (a) in the prescribed manner. 2001, c. 32, s. 32.
Additional powers, municipal service manager
6. (1) The provision of residential accommodation by a municipal service manager under this Act shall be deemed to be a municipal purpose of that service manager, and a municipal service manager may exercise for the purposes of this Act the powers that it has as a municipality under the Municipal Act, 2001 or the City of Toronto Act, 2006, as the case may be, or any other general or special Act. 2000, c. 27, s. 6 (1); 2002, c. 17, Sched. F, Table; 2006, c. 32, Sched. C, s. 61 (1). Same (2) A municipal service manager may perform its duties and exercise its powers under this Act with respect to any part of its service area, including a part of its service area that is located outside its municipal boundaries, and may do so despite any other Act restricting its jurisdiction. 2000, c. 27, s. 6 (2); 2002, c. 17, Sched. F, Table.
Additional powers, dssab service manager
7. (1) In addition to its powers under this Act, a dssab service manager may exercise for the purposes of this Act the powers that a district social service administration board has under the District Social Services Administration Boards Act. 2000, c. 27, s. 7 (1). Capital facilities (2) Subsections 110 (1), (2), (3), (4), (10) and (11) of the Municipal Act, 2001 apply with necessary modifications to a dssab service manager as if it were the council of a municipality. 2000, c. 27, s. 7 (2); 2002, c. 17, Sched. F, Table. Powers re: acquisition of land (3) For its purposes under this Act, a dssab service manager has the capacity, rights, powers and privileges of a natural person for the purpose of acquiring land and sections 6, 19 and 268 of the Municipal Act, 2001 apply with necessary modifications to the dssab service manager. 2002, c. 17, Sched. F, Table. Reserve funds and investments (4) Subsections 417 (1), (2), (3) and (5) and section 418 of the Municipal Act, 2001 apply with necessary modifications to a dssab service manager as if it were the council of a municipality. 2000, c. 27, s. 7 (4); 2002, c. 17, Sched. F, Table.
Powers of dssab service manager re debentures
8. (1) This section applies if a dssab service manager wishes to make permanent improvements to a housing project for the purposes of this Act and wishes to obtain financing for the improvements. 2000, c. 27, s. 8 (1). Direction (2) The dssab service manager may direct the council of such municipalities within its service area as may be prescribed to issue and sell debentures on the credit of the municipal corporation for raising such sums as the dssab service manager may require to make the permanent improvements. 2000, c. 27, s. 8 (2). Same (3) The direction must state the purpose of the debenture and the nature and estimated cost of the improvements. 2000, c. 27, s. 8 (3). Application for approval (4) A dssab service manager that proposes to give a direction to a municipality shall apply to the Ontario Municipal Board for approval of the proposed direction under section 65 of the Ontario Municipal Board Act and the dssab service manager shall be deemed, for the purposes of that section, to make the application on behalf of the municipality. 2000, c. 27, s. 8 (4). Approval (5) If the Ontario Municipal Board approves the proposed direction, the council of the applicable municipality shall pass a by-law authorizing the borrowing of money by the issue and sale of debentures on the credit of the municipal corporation for the purposes stated in the direction. 2000, c. 27, s. 8 (5). Various powers and duties re debentures (6) Section 401, subsections 404 (7) to (13) and section 405 of the Municipal Act, 2001 and subsection 123 (8) of the Municipal Act, as it read on December 31, 2002 apply, with necessary modifications, to a direction given under this section as if the dssab service manager were a school board. 2000, c. 27, s. 8 (6); 2002, c. 17, Sched. F, Table. Liability under debentures (7) Debentures issued under subsection (5) are joint and several obligations of the dssab service manager and all of the municipalities in its service area even though all or part of the costs of the permanent improvements may have been apportioned under subsection 130 (2) to only some of them. 2000, c. 27, s. 8 (7). Same (8) Nothing in subsection (7) affects the rights of the dssab service manager and the municipalities in its service area as among themselves. 2000, c. 27, s. 8 (8). Payment (9) With respect to debentures issued under subsection (5), the Minister of Finance shall pay to a dssab service manager an amount that bears the same proportion to the total cost of servicing the debentures as the proportion of costs apportioned to territory without municipal organization under subsection 130 (1). 2000, c. 27, s. 8 (9).
Restrictions re mortgage financing
9. (1) A service manager shall not establish a system or process to enable more than one housing provider, acting jointly, to renew or replace mortgage financing unless the service manager has the prior written consent of the Minister to do so. 2000, c. 27, s. 9 (1). Same (2) Subsection (1) applies with respect to any housing provider who operates a housing project under such housing programs as may be prescribed for the purposes of this section. 2000, c. 27, s. 9 (2).
Duties re transferred housing programs
10. (1) The responsibility for administering and funding a prescribed housing program as it relates to a prescribed housing project is transferred as of the prescribed effective date from the Ontario Mortgage and Housing Corporation or the Government of Ontario, as the case may be, to the prescribed service manager. 2000, c. 27, s. 10 (1); 2006, c. 32, Sched. E, s. 5 (2). Same (2) As of the effective date of a transfer of responsibility to a service manager under subsection (1), the service manager shall assume the responsibility transferred to it and shall administer and fund the housing program as it relates to the housing project in accordance with this Act (including the regulations) and any applicable operating agreement in effect. 2000, c. 27, s. 10 (2). Same (3) The housing program must also be administered and funded in accordance with such criteria and rules as may be prescribed for the program. 2000, c. 27, s. 10 (3). Same (4) In case of a conflict between this Act (including the regulations) and the operating agreement, the service manager shall administer and fund the housing program as it relates to the housing project in accordance with the operating agreement. 2000, c. 27, s. 10 (4). Language of services (5) If the service manager provides services in an area that is designated in the Schedule to the French Language Services Act, it shall provide its services in both English and French with respect to the provision of housing. 2000, c. 27, s. 10 (5). Same (6) The service manager shall provide services in English and French to such housing providers as may be prescribed who were entitled, under an operating agreement, to receive services from Canada Mortgage and Housing Corporation in English and French before the transfer of the operating agreement to the service manager. 2000, c. 27, s. 10 (6). Service levels
Service levels, households
11. (1) A service manager shall ensure that rent-geared-to-income assistance under Part V is provided in its service area in respect of at least, (a) the prescribed number of households whose income is no greater than the household income limit prescribed for the service area; and (b) the prescribed number of high need households. 2000, c. 27, s. 11 (1). Exclusions (2) Households accommodated under such housing programs as may be prescribed must not be included in determining the number of households counted for the purposes of clause (1) (a) or the number of high need households counted for the purposes of clause (1) (b). 2000, c. 27, s. 11 (2). Service levels, modified units (3) The service manager shall ensure that, in the transferred housing projects in its service area that are subject to the prescribed transferred housing programs, the prescribed number of modified units are maintained in accordance with such requirements as may be prescribed. 2000, c. 27, s. 11 (3). Prescribed duties, restrictions, etc.
Prescribed duties
12. (1) A service manager shall perform such other duties as may be prescribed. 2000, c. 27, s. 12 (1). Prescribed restrictions, etc. (2) A service manager shall perform its duties under this Act in accordance with such conditions and restrictions as may be prescribed. 2000, c. 27, s. 12 (2).
Responsibilities of housing provider
13. Despite anything in this Part or in Part V, a housing provider operating a housing project is responsible, (a) for all rent collection matters in respect of the housing project; and (b) for entering into an arrangement with a household occupying a unit in the housing project for the repayment of rental arrears if a service manager has determined that the household has paid an amount of geared-to-income rent that is less than the amount of geared-to-income rent payable by the household. 2000, c. 27, s. 13. Performance of Duties
Joint local transfer plan
14. (1) Within five months after this section comes into force, each service manager shall prepare and submit to the Minister a plan for carrying out its duties under this Act. 2000, c. 27, s. 14 (1). Contents (2) The plan must meet such criteria as the Minister may establish, must contain such information as may be required by the Minister and must be submitted in the form and manner required by the Minister. 2000, c. 27, s. 14 (2). Approval by service manager (3) The service manager shall not submit the plan to the Minister until it has been approved by a by-law or resolution of the service manager. 2000, c. 27, s. 14 (3). Consultation (4) Before approving the plan, the service manager shall consult with all affected housing providers in its service area. 2000, c. 27, s. 14 (4). Approval by Minister (5) The Minister shall assess the plan and shall approve it if it meets the requirements described in subsection (2); the Minister may modify a plan before approving it. 2000, c. 27, s. 14 (5). Notice (6) The Minister shall give the service manager written notice of his or her decision about the plan. 2000, c. 27, s. 14 (6). Duty to implement (7) The service manager shall use its best efforts to implement the plan approved by the Minister. 2000, c. 27, s. 14 (7). Replacement service manager (8) If the service manager (the “original service manager”) does not submit its plan to the Minister in accordance with this section or if the plan is not approved by the Minister, the Minister may enter into an agreement with another service manager (the “replacement”) that provides for the replacement to perform the duties and exercise the powers of the original service manager under this Act with respect to such housing programs and housing projects as are specified in the agreement. 2000, c. 27, s. 14 (8). Same (9) Subsection 22 (1) does not apply with respect to the exercise of the Minister’s powers under subsection (8). 2000, c. 27, s. 14 (9). Same (10) Nothing in subsection (8) affects the right of the Minister to enter into an agreement under subparagraph 4 ii of subsection 22 (3) with respect to the performance of the service manager’s duties under this Act by another person. 2000, c. 27, s. 14 (10). Transfer not affected (11) Nothing in this section affects the transfer of responsibility for housing programs to the service manager under section 10. 2000, c. 27, s. 14 (11).
Appointment of administrator
15. (1) A service manager may, (a) appoint an administrator for its service area; (b) authorize its administrator in writing to perform all or some of the duties or exercise all or some of the powers of the service manager under this Act with respect to the whole or a part of the service manager’s service area, in accordance with such conditions and restrictions as may be prescribed; and (c) impose additional conditions or restrictions on the administrator. 2000, c. 27, s. 15 (1). Deputy administrator (2) A service manager may appoint a deputy administrator to act as administrator and to have all the duties and powers of the administrator when the administrator is absent or otherwise unable to act or when the office of the administrator is vacant. 2000, c. 27, s. 15 (2). Status (3) The administrator or deputy administrator shall be deemed to be acting on behalf of the service manager when performing its duties or exercising its powers, and a decision made by the administrator or deputy administrator in performing those duties or exercising those powers shall be deemed to be a decision of the service manager. 2000, c. 27, s. 15 (3). Same (4) A service manager remains responsible for the performance of its duties and the exercise of its powers by an administrator or a deputy administrator. 2000, c. 27, s. 15 (4).
Geographic jurisdiction when agreement made
17. (1) A service manager that has entered into an agreement with another service manager under section 16 or with the Minister under subsection 14 (8) or subparagraph 4 ii of subsection 22 (3) to perform any of the duties or exercise any of the powers of another service manager under this Act with respect to all or a part of the other service manager’s service area may carry out the agreement, even though the agreement provides for the service manager to act outside its service area and, in the case of a municipal service manager, outside its municipal boundaries. 2000, c. 27, s. 17 (1); 2006, c. 19, Sched. O, s. 5 (1). Same (2) A municipality that has entered into an agreement under section 16 to perform any of the duties or exercise any of the powers of a service manager under this Act with respect to all or a part of the service manager’s service area may carry out the agreement, even though the agreement provides for the municipality to act outside its municipal boundaries. 2000, c. 27, s. 17 (2). Conflict (3) The powers and duties described in this section operate despite subsection 19 (1) of the Municipal Act, 2001, subsection 15 (1) of the City of Toronto Act, 2006, clause 4 (1) (b) of the District Social Services Administration Boards Act and any other Act. 2000, c. 27, s. 17 (3); 2002, c. 17, Sched. F, Table; 2006, c. 32, Sched. C, s. 61 (2). Administration
Notice of project in difficulty
18. (1) This section applies with respect to a housing project for which responsibility has been transferred to a service manager under section 10 and for which there is a mortgage guaranteed by the Province of Ontario or the Ontario Mortgage and Housing Corporation. 2000, c. 27, s. 18 (1); 2006, c. 32, Sched. E, s. 5 (2). Notice to Minister (2) The service manager shall promptly give written notice to the Minister that the housing project is in difficulty, (a) if the mortgage guaranteed by the Province of Ontario or the Ontario Mortgage and Housing Corporation is in default; (b) if the service manager is of the opinion that, because of the financial position or the projected financial position of the housing provider that operates the housing project, the mortgage described in clause (a) is likely to go into default within 12 months after the end of the current fiscal year of the housing provider; (c) if the service manager is of the opinion that, because of the financial position or the projected financial position of the housing provider that operates the housing project, the housing provider is likely to fail to meet a material financial obligation within 12 months after the end of the current fiscal year of the housing provider; or (d) if the service manager is of the opinion that the housing provider has failed to comply with an obligation under this Act and that the failure is material. 2000, c. 27, s. 18 (2); 2006, c. 32, Sched. E, s. 5 (2). Notice to housing provider (3) When the service manager gives the Minister written notice that a housing project is in difficulty as a result of a situation described in clause (2) (a), (b), (c) or (d), the service manager shall also give the housing provider operating the housing project written notice that the housing project is in difficulty, unless there are circumstances contributing to the situation that have been referred to a law enforcement agency. 2000, c. 27, s. 18 (3). Content of notice (4) The written notice must include such information as may be prescribed. 2000, c. 27, s. 18 (4).
Records
19. A service manager shall keep the prescribed records for the prescribed periods of time. 2000, c. 27, s. 19.
Reports
20. (1) On or before the prescribed date in each year, a service manager shall give the Minister a report for the 12-month period ending on another prescribed date. 2000, c. 27, s. 20 (1) ; 2006, c. 19, Sched. O, s. 5 (2). Content of annual report (2) The annual report shall contain the prescribed information and include the prescribed documents. 2000, c. 27, s. 20 (2). Other reports, etc. (3) A service manager shall give the Minister, at the times specified by the Minister, such other reports, documents and information as the Minister requests relating to the funding and administration by the service manager of its transferred housing programs. 2000, c. 27, s. 20 (3). Form and manner (4) The reports, documents and information mentioned in this section shall be given in the form and manner approved by the Minister. 2000, c. 27, s. 20 (4). False information (5) A service manager shall not knowingly furnish false information in a report, document or information given to the Minister under this section. 2000, c. 27, s. 20 (5). Offence (6) A service manager that contravenes this section is guilty of an offence and, on conviction, is liable to a fine of not more than $5,000 for each day or part of a day on which the offence occurs or continues. 2000, c. 27, s. 20 (6).
Audit or investigation
21. (1) In this section, “auditor” means a person appointed by the Minister under subsection (2). 2000, c. 27, s. 21 (1). Appointment of auditor (2) The Minister may appoint any of the employees or agents of the Ministry to conduct an audit or investigation for the purpose of ensuring that a service manager is funding and administering its transferred housing programs as they relate to its transferred housing projects in accordance with this Act, the regulations and any applicable operating agreement. 2000, c. 27, s. 21 (2). Duty of auditor (3) The auditor shall conduct the audit or investigation in accordance with this section and shall give the service manager notice on or before the date on which he or she begins the audit or investigation. 2000, c. 27, s. 21 (3). Duty to co-operate (4) The service manager and its employees and agents shall co-operate in all respects with the auditor. 2000, c. 27, s. 21 (4). Restriction (5) Nothing in subsection (4) 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. 21 (5). Report must be given to service manager (6) Within 60 days after the completion of an audit or investigation, the Minister shall prepare a report of the results of the audit or investigation and shall give a copy of the report to the service manager, unless the report has, or circumstances identified in the report have, been referred to a law enforcement agency. 2000, c. 27, s. 21 (6). Report may be given to service manager (7) If the report has, or circumstances identified in the report have, been referred to a law enforcement agency, the Minister may give the service manager a copy of all or part of the report if the Minister is satisfied that the service manager will use it only for the purposes of the proper funding and administration of the transferred housing programs. 2000, c. 27, s. 21 (7).
Authority to incorporate
23. (1) The Minister may incorporate corporations with share capital under the Business Corporations Act as local housing corporations, to perform the duties and exercise the powers of local housing corporations under this Act. 2000, c. 27, s. 23 (1). Status (2) A local housing corporation is not an agent of Her Majesty for any purpose, despite the Crown Agency Act and it is not an administrative unit of the Government of Ontario. 2000, c. 27, s. 23 (2). Deeming re status (3) A local housing corporation shall be deemed not to be a commercial enterprise for the purposes of subsection 106 (1) of the Municipal Act, 2001 and subsection 82 (1) of the City of Toronto Act, 2006 nor to be a local board of a service manager or of any municipality. 2000, c. 27, s. 23 (3); 2002, c. 17, Sched. F, Table; 2006, c. 32, Sched. C, s. 61 (3). First directors (4) If the articles of incorporation of a local housing corporation name as a first director an individual who is a director of a local housing authority, his or her consent to act as a first director is not required and he or she may resign as a director at any time. 2000, c. 27, s. 23 (4). Same (5) If an individual named as a first director is unable to act or resigns on or before a date prescribed by the Minister, the Minister may appoint his or her replacement and the replacement shall be deemed not to be a first director. 2000, c. 27, s. 23 (5). Minister’s powers (6) Upon the incorporation of a local housing corporation, the Minister may do anything the board of directors is permitted to do by subsection 117 (1) of the Business Corporations Act (first directors meeting) and a by-law or a decision authorized by this subsection, (a) need not be submitted to the shareholders of the local housing corporation for confirmation, rejection or amendment; (b) is effective as of the date it is made; (c) is as effective as it would have been had it been made in accordance with the Business Corporations Act; (d) may, in the case of a by-law, be amended or repealed in accordance with section 116 of the Business Corporations Act as if it were a by-law that had been made by resolution of the directors of the local housing corporation and confirmed by its shareholders. 2000, c. 27, s. 23 (6). First share issuance (7) Upon the incorporation of a local housing corporation, it shall be deemed to have issued to the prescribed service manager the prescribed number of common shares for nominal consideration. 2000, c. 27, s. 23 (7).
Authority to acquire shares
24. A related service manager and a related municipality are authorized to acquire common shares in the capital of a local housing corporation as a result of a share issuance, share transfer or amalgamation described in sections 25 and 26. 2000, c. 27, s. 24. Restrictions re shares
Restrictions on share issuance
25. (1) A local housing corporation shall not issue shares without the prior written consent of the Minister unless, (a) they are issued 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; and (b) the share issuance does not result in the related service manager owning legally or beneficially less than a majority of the issued and outstanding common shares in the capital of the local housing corporation. 2000, c. 27, s. 25 (1). Restrictions on share transfers, etc. (2) A shareholder of a local housing corporation shall not, without the prior written consent of the Minister, transfer or encumber the shareholder’s legal or beneficial ownership in shares in the capital of the local housing corporation, and the local housing corporation shall not, without the prior written consent of the Minister, permit, acquiesce in, approve, ratify, recognize or register any transfer or encumbrance of legal or beneficial ownership in shares in its capital, unless, (a) the transfer or encumbrance is made 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; and (b) the transfer or encumbrance does not and cannot result in the related service manager owning legally or beneficially less than a majority of the issued and outstanding common shares in the capital of the local housing corporation. 2000, c. 27, s. 25 (2).
Restriction on amalgamation
26. (1) A local housing corporation shall not amalgamate with another corporation without the prior written consent of the Minister unless the other corporation is, (a) 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 (b) 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. 2000, c. 27, s. 26 (1). Arrangement (2) Despite clause 2 (3) (a) of the Business Corporations Act, a local housing corporation may amalgamate with a corporation described in clause (1) (a) or (b) by way of an arrangement described in clause 182 (1) (d) of the Business Corporations Act. 2000, c. 27, s. 26 (2).
Restriction on voluntary dissolution
27. A local housing corporation shall not, without the prior written consent of the Minister, be voluntarily dissolved unless all real property that was transferred to the local housing corporation by a transfer order has been transferred to one or more of the following persons: 1. The related service manager. 2. A related municipality. 3. 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. 4. 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. 2000, c. 27, s. 27.
Duty of corporation, etc.
28. A local housing corporation, its directors and its shareholders shall ensure that all articles, by-laws, resolutions, agreements and documents filed, made, confirmed, amended, entered into or signed by them do not contravene or conflict with this Act or the regulations. 2000, c. 27, s. 28.
Invalidity of certain actions
29. An act carried out in contravention of section 25, 26, 27 or 28 is invalid and of no force or effect. 2000, c. 27, s. 29.
Conflict
30. This Part prevails over the Business Corporations Act. 2000, c. 27, s. 30. Activities and Operations Agreements
Agreement with Minister, etc.
31. (1) The Minister may require a local housing corporation to enter into a written agreement with the Minister or the Ontario Mortgage and Housing Corporation containing such terms as the Minister considers reasonable concerning the management or operation of a housing project located in the service area of the corporation’s related service manager that has not been transferred to the local housing corporation by a transfer order. 2000, c. 27, s. 31 (1); 2006, c. 32, Sched. E, s. 5 (2). Same (2) The Minister may require a local housing corporation to enter into an agreement with him or her containing such terms as the Minister considers reasonable concerning the provision of services by the Minister to the corporation. 2000, c. 27, s. 31 (2). Agreement with another local housing corporation (3) The Minister may require a local housing corporation to enter into an agreement with another local housing corporation containing such terms as the Minister considers reasonable concerning the exercise of the powers of a local housing corporation. 2000, c. 27, s. 31 (3). Information (4) The Minister may require a local housing corporation to give the Minister such financial or other information with respect to the corporation as the Minister considers reasonable for the purposes of an agreement described in subsection (1), (2) or (3). 2000, c. 27, s. 31 (4). Notice of agreement (5) The Minister may enter into an agreement described in subsection (1), (2) or (3) on behalf of the local housing corporation and shall give the corporation notice of the agreement no later than 30 days after the later of the day on which the agreement is made and the day on which the corporation is incorporated. 2000, c. 27, s. 31 (5). Pre-incorporation agreement (6) An agreement described in subsection (1), (2) or (3) that is a pre-incorporation agreement, (a) binds the local housing corporation without being adopted by it as described in section 21 of the Business Corporations Act; (b) is effective on the latest of the dates on which certificates of incorporation for the applicable local housing corporations are issued under the Business Corporations Act. 2000, c. 27, s. 31 (6).
Relationship to related service manager
32. (1) The related service manager shall establish rules governing the accountability of the local housing corporation to the service manager. 2000, c. 27, s. 32 (1). Local rules (2) The service manager’s accountability rules shall address the operation and activities of the local housing corporation, including such matters as reporting requirements, budgeting and funding, the maintenance of housing projects, audits and investigations, the exchange of information and such other matters as the service manager considers appropriate to ensure the performance of the local housing corporation’s duties under this Act. 2000, c. 27, s. 32 (2). Provincial rules (3) Until the service manager establishes accountability rules, the service manager and the local housing corporation are bound by such provincial accountability rules relating to the operation and activities of the corporation as may be prescribed. 2000, c. 27, s. 32 (3). Mandatory provincial rules (4) The service manager and the local housing corporation are bound by provincial accountability rules respecting the following matters: 1. The retention of records by the corporation and access to records by the service manager and others. 2. Such other matters as may be designated in the provincial rules as mandatory. 2000, c. 27, s. 32 (4). Same, specified housing projects (5) The following rules apply if ownership of a housing project was transferred to the local housing corporation by a transfer order or an operating agreement for a housing project was transferred to the corporation by a transfer order and if the housing project is subject to a housing program prescribed for the purposes of this section: 1. The service manager shall pay to the local housing corporation the amounts determined in the manner prescribed by the Minister at the times specified by the Minister. 2. The local housing corporation shall comply with the provincial requirements established under section 93 respecting the matters described in clauses 93 (2) (c), (d) and (e) and with such related requirements as the service manager may establish. 3. The housing provider shall comply with the prescribed rules respecting the establishment and use of benchmarks and best practices. 2000, c. 27, s. 32 (5). Same (6) The rules established under subsection (4) and by subsection (5) prevail over any accountability rules established by the service manager. 2000, c. 27, s. 32 (6). Extended application (7) If a local housing corporation to which a housing project was transferred by a transfer order transfers the housing project to an entity mentioned in paragraph 3 of subsection 50 (2), this section applies as between the related service manager and the entity with respect to that housing project. 2000, c. 27, s. 32 (7).
Language of services
33. If a local housing corporation provides services in an area that is designated in the Schedule to the French Language Services Act, it shall provide its services in both English and French with respect to the provision of housing. 2000, c. 27, s. 33. PART IV   TRANSFER ORDERS Scope of Transfer Orders
Transfer orders
34. (1) The Lieutenant Governor in Council may make transfer orders, (a) transferring assets, liabilities, rights or obligations of the Ontario Mortgage and Housing Corporation to a local housing corporation, a service manager or any other person; (b) transferring employees, assets, liabilities, rights or obligations of a local housing authority to a local housing corporation, a service manager or any other person; (c) transferring assets, liabilities, rights or obligations of the Crown in right of Ontario as represented by the Minister of Municipal Affairs and Housing, the Minister of Housing or a predecessor of either such minister to a local housing corporation, a service manager or any other person; (d) transferring assets, liabilities, rights or obligations of the Crown in right of Ontario that are related to the administration or funding of housing programs to a local housing corporation, a service manager or any other person. 2000, c. 27, s. 34 (1); 2006, c. 32, Sched. E, s. 5 (2). Exception (2) A transfer order cannot relieve a transferor of a liability under the Environmental Protection Act. 2000, c. 27, s. 34 (2). Transfer of insurance (3) Without limiting the generality of subsection (1), if a transfer order transfers an asset, a liability, a right or an obligation, it may also transfer a contract of insurance in respect of the asset, liability, right or obligation. 2000, c. 27, s. 34 (3). Execution of agreements (4) A transfer order may require a transferor or a transferee to enter into a written agreement or execute an instrument specified in the order and to register or deliver the agreement or instrument in accordance with the order. 2000, c. 27, s. 34 (4). Other matters (5) A transfer order may contain provisions dealing with other matters not specifically referred to in this Part that the Lieutenant Governor in Council considers necessary or advisable in connection with a transfer. 2000, c. 27, s. 34 (5). Legislation Act, 2006, Part III (6) Part III (Regulations) of the Legislation Act, 2006 does not apply to a transfer order. 2000, c. 27, s. 34 (6); 2006, c. 21, Sched. F, s. 136 (1).
Restrictions
35. (1) A transfer order may restrict the exercise of powers by the transferee in respect of any of the assets, liabilities, rights or obligations transferred by the transfer order. 2000, c. 27, s. 35 (1). Invalid exercise of power (2) The exercise by a transferee of a power in contravention of a restriction imposed by this Act or the transfer order is invalid and of no force or effect. 2000, c. 27, s. 35 (2).
Consent to transfer
36. (1) Subject to subsection (2), the consent of the transferor, the transferee or any other person is not required for the making of a transfer order or for a transfer specified in the transfer order to take effect. 2000, c. 27, s. 36 (1). Same (2) The consent of the transferee is required if the transferee is a person other than a local housing corporation or a service manager. 2000, c. 27, s. 36 (2). Same (3) If the consent of the transferor or the transferee or both to the transfer of an asset, right, obligation or liability is required under any other Act or under any agreement or instrument, the consent of each of them shall be deemed to have been given for the purposes of the other Act or the agreement or instrument no later than the effective date of the transfer. 2000, c. 27, s. 36 (3).
Effective date of transfer
37. (1) A transfer order shall specify the date on which each transfer specified in the order takes effect. 2000, c. 27, s. 37 (1). Retroactive transfer (2) A transfer order may provide that a transfer shall be deemed to have taken effect on a date that is earlier than the date the transfer order is made but not earlier than the day this section comes into force. 2000, c. 27, s. 37 (2). Sequence of events (3) A transfer order may provide that transfers specified in the order and other transactions associated with the transfers shall be deemed to have occurred in a sequence and at times specified in the order. 2000, c. 27, s. 37 (3).
Methods of describing transferred things
38. (1) A transfer order shall describe employees, assets, liabilities, rights or obligations to be transferred, (a) by reference to specific employees, assets, liabilities, rights or obligations; (b) by reference to a class of employees, assets, liabilities, rights or obligations; or (c) partly in accordance with clause (a) and partly in accordance with clause (b). 2000, c. 27, s. 38 (1). Order need not specify interest or rights (2) In transferring an interest or right of a transferor, a transfer order may, but need not, specify the interest or right that is being transferred. 2000, c. 27, s. 38 (2). Methods of describing real property (3) A transfer order shall describe real property by, (a) setting out a legal description in registrable form of the real property or referring to a legal description thereof contained in an instrument previously registered or deposited under the Registry Act or registered under the Land Titles Act; (b) setting out the municipal address of the real property; (c) referring to the real property comprising a housing project managed by a local housing authority on behalf of the Ontario Mortgage and Housing Corporation on the day before the transfer takes effect, naming the local housing authority and setting out the project number; (d) referring to the real property comprising all of the housing projects subject to a housing program or the real property comprising all of the housing projects subject to a housing program except for one or more specified housing projects, naming the housing program and describing the excepted projects, if any; (e) any other method determined by the Minister or a person designated by the Minister; or (f) a combination of the methods mentioned in clauses (a) to (e). 2000, c. 27, s. 38 (3); 2006, c. 32, Sched. E, s. 5 (2).
Rescission or amendment of transfer order
39. (1) At any time after making a transfer order, the Lieutenant Governor in Council may, by order, (a) rescind the transfer order; or (b) amend the transfer order in any way that the Lieutenant Governor in Council considers necessary or advisable, so long as the amendment does not result in the transfer order contravening this Act. 2000, c. 27, s. 39 (1). Exception, real property (2) Despite subsection (1), the Lieutenant Governor in Council shall not make an order rescinding a transfer order that transferred real property or amending those provisions of a transfer order that relate to a transfer of real property, on or after the date on which a document recording the transfer of the real property is registered or deposited under the Registry Act or registered under the Land Titles Act. 2000, c. 27, s. 39 (2). Exception, personal property (3) Despite subsection (1), the Lieutenant Governor in Council shall not make an order rescinding a transfer order that transferred personal property that is subject to a security interest or amending those provisions of a transfer order that relate to a transfer of such personal property, on or after the date on which the secured party, (a) registers a financing change statement or financing statement in respect of the transferred personal property under the Personal Property Security Act that makes the transferee the debtor of record under that Act; or (b) takes possession of the transferred personal property. 2000, c. 27, s. 39 (3). Effective date of rescission or amendment (4) An order rescinding or amending a transfer order shall specify the date on which the rescission or each amendment specified in the order takes effect. 2000, c. 27, s. 39 (4). Retroactive rescission or amendment (5) An order rescinding or amending a transfer order may provide that the rescission or any of the amendments shall be deemed to have taken effect on a date that is earlier than the date the rescinding or amending order is made but not earlier than the day this section comes into force. 2000, c. 27, s. 39 (5). Part applies (6) This Part applies, with necessary modifications, to an order amending a transfer order. 2000, c. 27, s. 39 (6). Notice of Transfer Orders and of Transfers
Notice of transfer order
40. (1) Within 90 days after the date a transfer order is made, the Minister shall publish in The Ontario Gazette a notice of the making of the transfer order, naming the transferor and the transferee and specifying the date the transfer order was made. 2000, c. 27, s. 40 (1). Notice of rescission or amendment (2) Within 90 days after the date an order is made rescinding or amending a transfer order, the Minister shall publish in The Ontario Gazette a notice of the making of the order rescinding or amending the transfer order, identifying the transfer order that was rescinded or amended and specifying the date the order rescinding or amending the transfer order was made. 2000, c. 27, s. 40 (2). Non-compliance (3) A failure to comply with this section does not affect the validity of the transfer order or the order rescinding or amending a transfer order. 2000, c. 27, s. 40 (3).
Inspection of transfer orders
41. (1) The Minister shall keep, in the prescribed place and for the prescribed period of time, a copy of each transfer order of a prescribed class and a copy of each order rescinding or amending the transfer order. 2000, c. 27, s. 41 (1). Same (2) The Ontario Mortgage and Housing Corporation shall keep, in the prescribed place and for the prescribed period of time, a copy of each transfer order not required to be kept by the Minister and a copy of each order rescinding or amending the transfer order. 2000, c. 27, s. 41 (2); 2006, c. 32, Sched. E, s. 5 (2). Same (3) Upon request, the Minister or the Ontario Mortgage and Housing Corporation, as the case may be, shall permit any person to inspect the copy of a transfer order, or the copy of an order rescinding or amending a transfer order during business hours and shall permit the person to copy it at his or her expense. 2000, c. 27, s. 41 (3); 2006, c. 32, Sched. E, s. 5 (2).
Notice of transfer not required
42. (1) If a transfer order transfers a contract or a licence, permit or other right, no person is required to give notice of the transfer to the other parties to the contract or to the person who issued or granted the licence, permit or other right. 2000, c. 27, s. 42 (1). Failure to give notice not to have certain effects (2) Subsections 48 (1) and (2) apply with necessary modifications to a failure to give notice of a transfer by a transfer order. 2000, c. 27, s. 42 (2). No liability respecting notice (3) If a transferor or transferee gives notice of the transfer of a contract or a licence, permit or other right by a transfer order but fails to give the notice to the persons, in the manner, or as otherwise required by an Act or by the terms of the contract, licence, permit or right, the transferor or transferee giving the notice is not liable for improperly giving or failing to give the notice. 2000, c. 27, s. 42 (3).
Registration of security interests
44. (1) If a security interest in an asset or right is perfected by registration under the Personal Property Security Act and all or part of the asset or right is subsequently transferred by a transfer order, the security interest in the transferred asset or right becomes unperfected, (a) 30 days after the effective date of the transfer if, on the effective date of the transfer, the secured party has actual notice of the transfer and has the information required to register a financing change statement under the Personal Property Security Act; or (b) if, on the effective date of the transfer, the secured party does not have actual notice of the transfer or does not have the information required to register a financing change statement under the Personal Property Security Act, 30 days after the day on which the secured party has actual notice of the transfer and has the information required to register a financing change statement under that Act. 2000, c. 27, s. 44 (1). Exceptions (2) Subsection (1) does not apply to transferred collateral if the secured party registers a financing change statement under the Personal Property Security Act or takes possession of the collateral within the 30-day period. 2000, c. 27, s. 44 (2). Re-perfecting security interest (3) A security interest that becomes unperfected under subsection (1) may be perfected again by registering a financing change statement under the Personal Property Security Act at any time during the remainder of the unexpired registration period of the financing statement or any renewal thereof. 2000, c. 27, s. 44 (3). Definitions (4) In this section, “collateral”, “secured party” and “security interest” have the same meaning as in the Personal Property Security Act. 2000, c. 27, s. 44 (4). Effect of Transfer Orders
Binding effect
45. (1) A transfer order is binding on the transferor, the transferee and all other persons. 2000, c. 27, s. 45 (1). Limit (2) A transfer by transfer order does not give the transferee either an interest in an asset or a right that the transferor did not have, and does not result in the transferee being entitled to such an interest or right. 2000, c. 27, s. 45 (2). Same (3) When an asset, liability, right or obligation is transferred by a transfer order, no person other than the transferee acquires the asset, liability, right or obligation or an interest in it that the person did not have immediately before the transfer. 2000, c. 27, s. 45 (3). Transferors and transferees