Notice re failure to comply
22. (1) If the Minister considers that a service manager has failed to comply with this Act or the regulations, the Minister shall give the service manager a written notice specifying, (a) the particulars of the service manager’s failure to comply; (b) the activities that the service manager must carry out or refrain from carrying out or the course of action that the service manager must take or refrain from taking in order to avoid the exercise by the Minister of his or her remedies under subsection (3); (c) the period within which the service manager must comply with the notice, which may not be less than 60 days from the date the notice is given; (d) if the notice provides for the submission of a plan by the service manager, the matters that must be addressed in the plan. 2000, c. 27, s. 22 (1). Duty (2) The service manager shall do the things specified in the Minister’s notice within the time specified by the notice. 2000, c. 27, s. 22 (2). Minister’s powers (3) The Minister may take any of the following steps if the service manager fails to comply with subsection (2) or if the Minister’s notice requires the service manager to submit a plan and the Minister is reasonably of the opinion that the plan, if any, submitted by the service manager is not acceptable: 1. The Minister may discontinue or suspend the distribution of federal funding to the service manager. 2. The Minister may reduce the amount of any federal funding distributed to the service manager. 3. The Minister may apply to a judge of the Superior Court of Justice for an order, i. directing the service manager to carry out a specified activity or to take a specified course of action, in order to remedy the contravention or to ensure compliance with the provision that was contravened, or ii. prohibiting the service manager from carrying out a specified activity or taking a specified course of action that will or is likely to result in the continuation or repetition of the contravention. 4. The Minister may take away from the service manager all or some of the service manager’s duties and powers under this Act and may, i. perform the duties and exercise the powers that were taken away, and ii. enter into an agreement with another service manager providing for the other service manager to perform the duties and exercise the powers that were taken away. 2000, c. 27, s. 22 (3). Court order (4) If the Minister applies to a judge of the Superior Court of Justice for an order mentioned in paragraph 3 of subsection (3), the court may make the order or any other order it considers reasonable, and the order may be enforced in the same manner as any other order or judgment of the Superior Court of Justice. 2000, c. 27, s. 22 (4). Restriction on taking away powers, etc. (5) Despite paragraph 4 of subsection (3), the Minister cannot take away from the service manager any of its duties or powers under Part VII and cannot enter into an agreement with another service manager providing for the other service manager to perform any such duties or powers. 2000, c. 27, s. 22 (5). Access to records (6) If the Minister takes away any of the duties and powers of a service manager under paragraph 4 of subsection (3), the service manager shall, at the request of the Minister, give all of the service manager’s records and information that are relevant to the performance of those duties or the exercise of those powers to the Minister or to the other service manager which has agreed with the Minister to perform those duties and exercise those powers. 2000, c. 27, s. 22 (6). Provincial housing costs (7) Expenses incurred by the Minister in performing the duties and exercising the powers of a service manager under paragraph 4 of subsection (3) or in paying another service manager to do so may be included in the amount of provincial housing costs determined under section 122. 2000, c. 27, s. 22 (7). PART III   LOCAL HOUSING CORPORATIONS Establishment and Governance Local housing corporations