Housing Services Act, 2011

Part I Purpose and interpretation

1 The purpose of this Act is, (a) to provide for community based planning and delivery of housing and homelessness services with general provincial oversight and policy direction; and (b) to provide flexibility for service managers and housing providers while retaining requirements with respect to housing programs that predate this Act and housing projects that are subject to those programs. 2011, c. 6, Sched. 1, s. 1.

2 In this Act, “designated housing project” means, in relation to a service manager, a housing project designated in the regulations for the purposes of subsection 68 (1) as a project in relation to which the service manager shall administer a transferred housing program subject to subsection 68 (6); (“ensemble domiciliaire désigné”) “district social services administration board” means a board established under the District Social Services Administration Boards Act; (“conseil d’administration de district des services sociaux”) “dssab service manager” means a service manager that is a district social services administration board; (“conseil gestionnaire de services”) “former Act” means the Social Housing Reform Act, 2000 repealed by section 184; (“ancienne loi”) “household” includes an individual living alone; (“ménage”) “housing project” means all or part of the residential accommodatio…

3 A housing project is subject to a transferred housing program for the purposes of this Act only if the project is designated in the regulations for the purposes of subsection 68 (1) and has not ceased to be a designated housing project in accordance with section 68.1 or 101.3. 2011, c. 6, Sched. 1, s. 3; 2020, c. 16, Sched. 2, s. 2. Section Amendments with date in force (d/m/y) 2020, c. 16, Sched. 2, s. 2 - 01/07/2022

Part II Provincial policies and local plans

Provincial Interest

4 (1) For the purposes of sections 5 and 6, it is a matter of provincial interest that there be a system of housing and homelessness services that, (a) is focussed on achieving positive outcomes for individuals and families; (b) addresses the housing needs of individuals and families in order to help address other challenges they face; (c) has a role for non-profit corporations and non-profit housing co-operatives; (d) has a role for the private market in meeting housing needs; (e) provides for partnerships among governments and others in the community; (f) treats individuals and families with respect and dignity; (g) is co-ordinated with other community services; (h) is relevant to local circumstances; (i) allows for a range of housing options to meet a broad range of needs; (j) ensures appropriate accountability for public funding; (k) supports economic prosperity; and (l) is delivered…

Minister’s Policy Statements

5 (1) For the purpose of guiding service managers in the preparation of their housing and homelessness plans, the Minister may, with the approval of the Lieutenant Governor in Council, issue policy statements on matters relating to housing or homelessness that are of provincial interest under section 4. 2011, c. 6, Sched. 1, s. 5 (1). Joint issue (2) The Minister may issue a policy statement alone or together with any other minister. 2011, c. 6, Sched. 1, s. 5 (2). Publication and notice (3) If a policy statement is issued, the Minister shall, (a) publish it in The Ontario Gazette; and (b) give such notice of it, as the Minister considers appropriate, to each service manager. 2011, c. 6, Sched. 1, s. 5 (3). Legislation Act, 2006 (4) For greater certainty, Part III (Regulations) of the Legislation Act, 2006 does not apply to a policy statement. 2011, c. 6, Sched. 1, s. 5 (4). Review (5) T…

Housing and Homelessness Plans

6 (1) Each service manager shall have a plan to address housing and homelessness. 2011, c. 6, Sched. 1, s. 6 (1). What plan must include (2) The plan must include, (a) an assessment of current and future housing needs within the service manager’s service area; (b) objectives and targets relating to housing needs; (c) a description of the measures proposed to meet the objectives and targets; (d) a description of how progress towards meeting the objectives and targets will be measured; and (e) such other matters as may be prescribed. 2011, c. 6, Sched. 1, s. 6 (2). Requirements relating to provincial interest, policy statements (3) The plan must, (a) address the matters of provincial interest under section 4, including each aspect described in a clause of subsection 4 (1); and (b) be consistent with the policy statements issued under section 5. 2011, c. 6, Sched. 1, s. 6 (3). Prescribed re…

7 (1) In the course of preparing its housing and homelessness plan, a service manager shall consult with the public and the prescribed persons. 2011, c. 6, Sched. 1, s. 7 (1). Conduct of consultation (2) Consultations under subsection (1) shall be conducted in accordance with any prescribed requirements. 2011, c. 6, Sched. 1, s. 7 (2).

8 (1) Before approving its housing and homelessness plan, a service manager shall consult with the Minister by providing the Minister with a copy of the proposed plan. 2011, c. 6, Sched. 1, s. 8 (1). Comments from Minister (2) The service manager shall allow the Minister at least the prescribed period of time to comment on the plan and, before approving the plan, the service manager shall consider any comments the Minister provides. 2011, c. 6, Sched. 1, s. 8 (2). Copy of approved plan to Minister (3) The service manager shall provide the Minister with a copy of the plan without delay after approving it. 2011, c. 6, Sched. 1, s. 8 (3).

9 A service manager may amend its approved housing and homelessness plan, either after a review under section 10 or at any other time, and sections 7 and 8 apply, with necessary modifications, to the amendment. 2011, c. 6, Sched. 1, s. 9.

10 (1) At least once every five years, a service manager shall review its housing and homelessness plan and amend it as the service manager considers necessary or advisable. 2011, c. 6, Sched. 1, s. 10 (1). Report to Minister (2) The service manager shall give the Minister a written report on the results of the review without delay after the completion of the review. 2011, c. 6, Sched. 1, s. 10 (2).

part II.1 SERVICE levels, Access System Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by adding the following section: (See: 2020, c. 16, Sched. 2, s. 4)

10.1 (1) A service manager shall ensure that assistance related to housing is provided in its service area in accordance with the regulations, including regulations respecting levels at which assistance must be provided. 2020, c. 16, Sched. 2, s. 4. Forms of assistance (2) The assistance related to housing referred to in subsection (1) is, (a) any form of assistance that is described in the regulations; and (b) any specified program that has been approved by the Minister for the purposes of this section. 2020, c. 16, Sched. 2, s. 4. Prescribed requirements for assistance (3) A service manager shall comply with the prescribed requirements with respect to the assistance related to housing referred to in clauses (2) (a) and (b), including requirements respecting eligibility and priority for assistance. 2020, c. 16, Sched. 2, s. 4. Legislation Act, 2006 (4) Part III (Regulations) of the Legi…

10.2 (1) A service manager shall have an access system for providing assistance related to housing in its service area. 2020, c. 16, Sched. 2, s. 5. Forms of assistance (2) The assistance related to housing referred to in subsection (1) is, (a) rent-geared-to-income assistance under Part V; (b) any form of assistance that is described in the regulations; and (c) any specified program that has been approved by the Minister for the purposes of this section. 2020, c. 16, Sched. 2, s. 5. Prescribed requirements for system (3) The access system must comply with the prescribed requirements. 2020, c. 16, Sched. 2, s. 5. Prescribed requirements for assistance (4) A service manager shall comply with the prescribed requirements with respect to the assistance related to housing referred to in clauses (2) (b) and (c), including requirements respecting eligibility and priority for assistance. 2020, c…

Part III Service Managers

11 (1) The regulations shall designate the municipalities and district social services administration boards that are service managers for the purposes of this Act. 2011, c. 6, Sched. 1, s. 11 (1). Service areas (2) The regulations shall specify the geographic area that is the service area of each service manager for the purposes of this Act. 2011, c. 6, Sched. 1, s. 11 (2).

12 A service manager shall, in accordance with its housing and homelessness plan, carry out measures to meet the objectives and targets relating to housing needs within the service manager’s service area. 2011, c. 6, Sched. 1, s. 12.

13 (1) A service manager may establish, administer and fund housing and homelessness programs and services and may provide housing directly. 2011, c. 6, Sched. 1, s. 13 (1). Natural person powers (2) For greater certainty, a service manager may use its powers under the following provisions for the purposes of this Act: 1. If the service manager is a municipal service manager, section 9 of the Municipal Act, 2001 or section 7 of the City of Toronto Act, 2006. 2. If the service manager is a dssab service manager, section 15 of the Not-for-Profit Corporations Act, 2010. 2017, c. 20, Sched. 8, s. 88 (1). Powers not exclusive (3) Paragraphs 5 and 6 of subsection 11 (4) of the Municipal Act, 2001 do not apply with respect to a power a service manager has under this section. 2011, c. 6, Sched. 1, s. 13 (3). Section Amendments with date in force (d/m/y) 2011, c. 6, Sched. 1, s. 185 (1) - no effe…

14 Section 19 of the Municipal Act, 2001 does not limit a municipal service manager from exercising its powers under this Act or section 9 of the Municipal Act, 2001 throughout its service area for the purposes of this Act. 2011, c. 6, Sched. 1, s. 14.

15 (1) Subsection 4 (1) of the District Social Services Administration Boards Act does not limit a dssab service manager from exercising its powers under this Act or section 15 of the Not-for-Profit Corporations Act, 2010 throughout its service area for the purposes of this Act. 2017, c. 20, Sched. 8, s. 88 (2). Provisions of Municipal Act, 2001 (2) The following provisions of the Municipal Act, 2001 and the regulations that relate to those provisions apply, with necessary modifications, to a dssab service manager for the purposes of this Act: 1. Section 6. 2. Sections 106 and 107. 3. Subsections 110 (1), (2), (3), (4), (10) and (11). 4. Subsections 417 (1), (2) and (3). 5. Subsections 418 (1), (2), (3) and (4). 2011, c. 6, Sched. 1, s. 15 (2). Section Amendments with date in force (d/m/y) 2011, c. 6, Sched. 1, s. 185 (2) - no effect - see 2017, c. 20, Sched. 8, s. 149 - 14/11/2017 2017,…

16 (1) This section applies if a dssab service manager wishes to make permanent improvements to a housing project and wishes to obtain financing for the improvements. 2011, c. 6, Sched. 1, s. 16 (1). Direction (2) The dssab service manager may direct a municipality within its service area that is prescribed for the purposes of this subsection to issue and sell debentures on the credit of the municipality to raise such sums as the dssab service manager may require to make the improvements. 2011, c. 6, Sched. 1, s. 16 (2). Same (3) The direction must state the purpose of the debenture and the nature and estimated cost of the improvements. 2011, c. 6, Sched. 1, s. 16 (3). Application for approval (4) A dssab service manager that proposes to give a direction to a municipality shall apply to the Ontario Land Tribunal for approval of the proposed direction under section 474.10.13 of the Munici…

17 (1) Subject to the prescribed limitations, a service manager may, in writing, delegate all or some of its powers and duties under this Act with respect to all or part of its service area. 2011, c. 6, Sched. 1, s. 17 (1). Conditions, etc., relating to exercise (2) A service manager may impose conditions or restrictions relating to the exercise or performance of delegated powers and duties and a service manager shall impose such conditions or restrictions as may be prescribed. 2011, c. 6, Sched. 1, s. 17 (2). Consent of delegate (3) A delegation may not be made without the consent of the delegate. 2011, c. 6, Sched. 1, s. 17 (3). No limit to delegate boundaries, etc. (4) If a delegate is, (a) a municipality, section 19 of the Municipal Act, 2001 or section 15 of the City of Toronto Act, 2006 does not limit the municipality from exercising or performing a delegated power or duty outside …

18 (1) A service manager shall provide its services that relate to housing in both English and French if any part of the service manager’s service area is in an area designated for the purposes of clause 5 (1) (b) of the French Language Services Act. 2011, c. 6, Sched. 1, s. 18 (1); 2021, c. 40, Sched. 13, s. 17 (1). Same (2) In addition to what is required under subsection (1), a service manager shall provide services in both English and French to the prescribed housing providers. 2011, c. 6, Sched. 1, s. 18 (2). Requirement if services delegated (3) If the provision of services is delegated under section 17, (a) the requirement under subsection (1) applies to the delegate only if the delegate provides any of the services in an area designated for the purposes of clause 5 (1) (b) of the French Language Services Act; and (b) the requirement under subsection (2) applies to the delegate. 2…

19 (1) The Minister may issue policies and directives in writing to service managers in respect of consents given by service managers under this Act. 2011, c. 6, Sched. 1, s. 19 (1). Policies and directives binding (2) A service manager shall ensure that a policy or directive issued under subsection (1) is followed. 2011, c. 6, Sched. 1, s. 19 (2). Legislation Act, 2006 (3) Part III (Regulations) of the Legislation Act, 2006 does not apply to policies and directives issued under subsection (1). 2011, c. 6, Sched. 1, s. 19 (3).

19.1 (1) An enumeration of persons who are homeless shall be conducted by the service manager in the service manager’s service area at the times and in the form and manner directed by the Minister. 2016, c. 25, Sched. 3, s. 1. Clarifications (2) In a direction issued under subsection (1) with respect to the enumeration of persons who are homeless, the Minister may clarify the categories of persons who are or are not considered to be homeless for the purposes of the enumeration. 2016, c. 25, Sched. 3, s. 1. Legislation Act, 2006 (3) Part III (Regulations) of the Legislation Act, 2006 does not apply to a direction issued under subsection (1). 2016, c. 25, Sched. 3, s. 1. Information relating to enumeration (4) A service manager shall give the Minister in the form and manner specified by the Minister and at the times specified by the regulations and at such other times as the Minister may s…

20 (1) At the prescribed times, a service manager shall give the Minister reports on the following: (a) the implementation of its housing and homelessness plan; (b) the administration and funding of its transferred housing programs; and (c) such other matters as may be prescribed. 2011, c. 6, Sched. 1, s. 20 (1). Form, manner and contents (2) The reports required under subsection (1) must be given in the form and manner authorized by the Minister and must include the prescribed information and the prescribed documents. 2011, c. 6, Sched. 1, s. 20 (2). False information (3) A service manager shall not knowingly furnish false information in a report given under subsection (1). 2011, c. 6, Sched. 1, s. 20 (3).

21 (1) A service manager shall give the Minister, (a) such reports as the regulations require; and (b) such reports, documents and information as the Minister requests. 2011, c. 6, Sched. 1, s. 21 (1). Timing (2) A service manager shall give reports, documents and information requested under clause (1) (b) at the times the Minister specifies. 2011, c. 6, Sched. 1, s. 21 (2). Form and manner (3) The reports, documents and information required under subsection (1) must be given in the form and manner authorized by the Minister. 2011, c. 6, Sched. 1, s. 21 (3). False information (4) A service manager shall not knowingly furnish false information in a report, document or information given under subsection (1). 2011, c. 6, Sched. 1, s. 21 (4).

22 A service manager shall report to the public in accordance with the prescribed requirements. 2011, c. 6, Sched. 1, s. 22.

23 (1) If, in the opinion of the Minister, a service manager has contravened a provision of this Act or the regulations, the Minister may exercise the following remedies: 1. The Minister may discontinue or suspend the payment of federal housing funding to the service manager under section 102. 2. The Minister may reduce the amount of any payment of federal housing funding to the service manager under section 102. 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 course of action to rectify the contravention or to ensure future compliance, or ii. prohibiting the service manager from carrying out a specified activity or course of action that would result in, or would be likely to result in, the continuation or repetition of the contravention. 4. The Minister may take away any of the serv…

Part IV Local Housing Corporations

Definitions

24 In this Part, “local housing corporation” means a corporation that was incorporated in accordance with section 23 of the former Act, including a corporation that results from an amalgamation with such a corporation, subject to section 30; (“société locale de logement”) “related service manager” means, in relation to a local housing corporation, (a) the service manager to whom common shares were deemed to have been issued under subsection 23 (7) of the former Act, or (b) such other service manager as is prescribed for the purposes of this clause. (“gestionnaire de services lié”) 2011, c. 6, Sched. 1, s. 24.

General

25 A local housing corporation is not an agent of the Crown for any purpose, despite the Crown Agency Act and it is not an administrative unit of the Government of Ontario. 2011, c. 6, Sched. 1, s. 25.

26 A local housing corporation is deemed, (a) 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; and (b) not to be a local board of a service manager or of any municipality. 2011, c. 6, Sched. 1, s. 26.

27 (1) A local housing corporation shall be operated in accordance with, (a) the prescribed rules; and (b) the rules made by the related service manager. 2011, c. 6, Sched. 1, s. 27 (1). Content (2) The rules may 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 or Lieutenant Governor in Council considers appropriate to ensure the performance of the local housing corporation’s duties under this Act. 2011, c. 6, Sched. 1, s. 27 (2). Capital fund (3) Without limiting the scope of subsection (2), the rules may provide for the establishment and maintenance of a fund for capital expenditures of the local housing corporation. 2011, c. 6, Sched. 1, s. 27 (3). Conflic…

28 (1) The related service manager shall pay a subsidy to a local housing corporation in accordance with the regulations. 2011, c. 6, Sched. 1, s. 28 (1). Same (2) An entity described in paragraph 2 of section 29 or paragraph 2 of subsection 30 (1) is entitled to a subsidy under subsection (1) in respect of a housing project that was previously transferred to a local housing corporation by a transfer order under Part IV of the former Act and is owned by the entity, but only with respect to the period of time during which the entity owns the housing project. 2011, c. 6, Sched. 1, s. 28 (2).

29 Without limiting who else may acquire shares in a local housing corporation, the following are authorized to acquire such shares: 1. The related service manager. 2. A municipality in the service manager’s service area, other than a municipality that forms part of the service manager for municipal purposes. 2011, c. 6, Sched. 1, s. 29.

30 (1) A corporation is a local housing corporation only if all the shares are held by the following: 1. An entity authorized to acquire shares under section 29. 2. A corporation one of whose objects is the provision of housing and that is controlled by an entity authorized to acquire shares under section 29. 2011, c. 6, Sched. 1, s. 30 (1). Same (2) A corporation is a local housing corporation only if the related service manager owns, legally or beneficially, shares that carry voting rights sufficient to elect a majority of the board of directors. 2011, c. 6, Sched. 1, s. 30 (2).

31 A local housing corporation shall provide its services that relate to housing in both English and French if the corporation provides any of such services in an area designated for the purposes of clause 5 (1) (b) of the French Language Services Act. 011, c. 6, Sched. 1, s. 31; 2021, c. 40, Sched. 13, s. 17 (3). Section Amendments with date in force (d/m/y) 2021, c. 40, Sched. 13, s. 17 (3) - 01/01/2026

Restriction on Certain Corporate Changes

32 A local housing corporation shall not issue shares unless, (a) the related service manager consents in writing; or (b) the requirements prescribed for the purposes of this clause are satisfied. 2011, c. 6, Sched. 1, s. 32; 2016, c. 25, Sched. 3, s. 2. Section Amendments with date in force (d/m/y) 2016, c. 25, Sched. 3, s. 2 - 01/01/2017

33 (1) A shareholder of a local housing corporation shall not transfer or encumber shares unless, (a) the related service manager consents in writing; or (b) the requirements prescribed for the purposes of this clause are satisfied. 2011, c. 6, Sched. 1, s. 33 (1); 2016, c. 25, Sched. 3, s. 3. Duty on local housing corporation (2) A local housing corporation shall not permit or acquiesce in a transfer or encumbrance that is prohibited under subsection (1). 2011, c. 6, Sched. 1, s. 33 (2). Definition (3) For the purposes of this section, “transfer or encumber” includes the transfer or encumbrance of the beneficial ownership in shares. 2011, c. 6, Sched. 1, s. 33 (3). Section Amendments with date in force (d/m/y) 2016, c. 25, Sched. 3, s. 3 - 01/01/2017

34 A local housing corporation shall not amalgamate with another corporation unless, (a) the related service manager consents in writing; or (b) the requirements prescribed for the purposes of this clause are satisfied. 2011, c. 6, Sched. 1, s. 34; 2016, c. 25, Sched. 3, s. 4. Section Amendments with date in force (d/m/y) 2016, c. 25, Sched. 3, s. 4 - 01/01/2017

35 A local housing corporation shall not be voluntarily wound up or dissolved unless, (a) the related service manager consents in writing; or (b) the requirements prescribed for the purposes of this clause are satisfied. 2011, c. 6, Sched. 1, s. 35; 2016, c. 25, Sched. 3, s. 5. Section Amendments with date in force (d/m/y) 2016, c. 25, Sched. 3, s. 5 - 01/01/2017

35.1 (1) The related service manager shall give the Minister written notice within 30 days of giving a consent under clause 32 (a), 33 (1) (a), 34 (a) or 35 (a). 2016, c. 25, Sched. 3, s. 6. Same, prescribed requirements (2) The notice must comply with the prescribed requirements. 2016, c. 25, Sched. 3, s. 6. Section Amendments with date in force (d/m/y) 2016, c. 25, Sched. 3, s. 6 - 01/01/2017

35.2 The regulations may provide that it shall be the Minister and not the related service manager who gives consent under clause 32 (a), 33 (1) (a), 34 (a) or 35 (a). 2016, c. 25, Sched. 3, s. 6. Section Amendments with date in force (d/m/y) 2016, c. 25, Sched. 3, s. 6 - 01/01/2017

36 (1) An issue, transfer, encumbrance, amalgamation, winding-up or dissolution carried out in contravention of section 32, 33, 34 or 35 is invalid and of no force or effect. 2011, c. 6, Sched. 1, s. 36 (1). Invalidity – things done in furtherance of contravention (2) Anything done by a local housing corporation or the shareholders or directors of a local housing corporation in furtherance of an action that would contravene section 32, 33, 34 or 35 is invalid and of no force or effect. 2011, c. 6, Sched. 1, s. 36 (2).

37 In the event of a conflict between sections 32 to 36 and the Business Corporations Act or regulations made under that Act, sections 32 to 36 prevail. 2011, c. 6, Sched. 1, s. 37.

Part V Rent-geared-to-income Assistance and Special Needs Housing

Definitions

38 In this Part, “rent-geared-to-income assistance” means financial assistance provided in respect of a household to reduce the amount the household must otherwise pay to occupy a unit; (“aide sous forme de loyer indexé sur le revenu”) “special needs housing” means housing intended for use by a household with one or more members who require accessibility modifications or provincially funded support services in order to live independently in the community; (“logement adapté”) “special needs housing administrator” means, in relation to a housing project with special needs housing, (a) the service manager for the service area where the housing project is located, or (b) if the regulations so provide, the housing provider operating the housing project. (“administrateur de logements adaptés”) 2011, c. 6, Sched. 1, s. 38.

Application of Part

39 (1) This Part applies with respect to rent-geared-to-income assistance and special needs housing provided under a transferred housing program that is prescribed for the purposes of this subsection. 2011, c. 6, Sched. 1, s. 39 (1). Exception (2) Despite subsection (1), sections 55 to 58 are not limited to rent-geared-to-income assistance described in subsection (1). 2011, c. 6, Sched. 1, s. 39 (2).

Minimum Service Levels

40 (1) A service manager shall ensure that rent-geared-to-income assistance under this Part is provided in its service area for at least, (a) the prescribed number of households whose income is no greater than the household income limit; and (b) the prescribed number of high need households. 2011, c. 6, Sched. 1, s. 40 (1). Households not included (2) A household accommodated under a housing program prescribed for the purpose of this subsection may not be included to meet the requirements of clause (1) (a) or (b). 2011, c. 6, Sched. 1, s. 40 (2). Households included (3) A household may be included to meet the requirements of clause (1) (a) or (b) even if this Part does not apply to the rent-geared-to-income assistance received by the household, as long as the assistance is provided in accordance with the scheme set out in this Part. 2011, c. 6, Sched. 1, s. 40 (3). Same (3.1) A household…

41 (1) The following apply with respect to housing projects that are subject to the transferred housing programs prescribed for the purposes of this section: 1. The service manager shall ensure that the housing projects have, in total, at least the prescribed number of modified units. 2. The service manager shall ensure that the modified units required under paragraph 1 meet the prescribed requirements. 2011, c. 6, Sched. 1, s. 41 (1). Definition of “modified unit” (2) In this section, “modified unit” means a unit that has been modified so as to be accessible to an individual with a physical disability or so as to allow an individual with a physical disability to live independently. 2011, c. 6, Sched. 1, s. 41 (2). Note: On a day to be named by proclamation of the Lieutenant Governor, section 41 of the Act is repealed. (See: 2020, c. 16, Sched. 2, s. 6) Section Amendments with date in fo…

Rent-Geared-to-Income Assistance

42 (1) Eligibility for rent-geared-to-income assistance shall be determined in accordance with the following: 1. The prescribed provincial eligibility rules. 2. The local eligibility rules made by the service manager. 2011, c. 6, Sched. 1, s. 42 (1). Local rules required (2) A service manager shall make local eligibility rules with respect to the prescribed matters. 2020, c. 16, Sched. 2, s. 7. Other local rules (2.1) A service manager may make local eligibility rules other than those made under subsection (2) with respect to the prescribed matters. 2020, c. 16, Sched. 2, s. 7. Prescribed requirements for local rules (3) The local eligibility rules must comply with the prescribed requirements. 2011, c. 6, Sched. 1, s. 42 (3). Conflicts (4) A local eligibility rule does not apply to the extent that it conflicts with a provincial eligibility rule, unless the provincial eligibility rule pro…

43 (1) A service manager shall establish occupancy standards for determining the size and type of unit permissible for a household receiving rent-geared-to-income assistance. 2011, c. 6, Sched. 1, s. 43 (1). Prescribed requirements (2) The occupancy standards must comply with the prescribed requirements. 2011, c. 6, Sched. 1, s. 43 (2).

44 (1) A member of a household may apply, on behalf of the household, to a service manager for rent-geared-to-income assistance for a unit in a housing project in the service manager’s service area. 2011, c. 6, Sched. 1, s. 44 (1). Contents of application (2) An application must include, (a) the prescribed information and documents; and (b) the information and documents required by the service manager. 2011, c. 6, Sched. 1, s. 44 (2). Limitations on required information and documents (3) The information and documents a service manager may require under clause (2) (b) are subject to the prescribed limitations. 2011, c. 6, Sched. 1, s. 44 (3). Form of application (4) An application must be in a form authorized by the service manager. 2011, c. 6, Sched. 1, s. 44 (4).

45 (1) The service manager shall determine whether the household is eligible for rent-geared-to-income assistance. 2011, c. 6, Sched. 1, s. 45 (1). Rules guiding determination (2) The service manager’s determination shall be made in accordance with the following: 1. The eligibility rules referred to in section 42. 2. The requirements prescribed for the purposes of this paragraph. 2011, c. 6, Sched. 1, s. 45 (2).

46 (1) The service manager shall determine the size and type of unit that would be permissible if the household received rent-geared-to-income assistance. 2011, c. 6, Sched. 1, s. 46 (1). Rules guiding determination (2) The service manager’s determination shall be made in accordance with the occupancy standards established under section 43. 2011, c. 6, Sched. 1, s. 46 (2).

47 (1) A service manager shall have a system for selecting households from those waiting for rent-geared-to-income assistance in the housing projects in the service manager’s service area. 2011, c. 6, Sched. 1, s. 47 (1). Specific inclusions (2) The system must include, (a) rules for determining whether a unit that becomes vacant should be occupied by a household that will be receiving rent-geared-to-income assistance; (b) priority rules for households waiting for rent-geared-to-income assistance; and (c) rules governing the selection by a housing provider of households to occupy units or receive rent-geared-to-income assistance. 2011, c. 6, Sched. 1, s. 47 (2). Prescribed requirements (3) The system must comply with the prescribed requirements. 2011, c. 6, Sched. 1, s. 47 (3). Rules for certain waiting households (4) The regulations may provide that the system may include rules that, (a…

48 (1) The service manager shall determine the priority of households waiting for rent-geared-to-income assistance, including whether a household is included in a category given priority over other categories. 2011, c. 6, Sched. 1, s. 48 (1). Rules guiding determination (2) The service manager’s determination shall be made in accordance with the following: 1. The prescribed provincial priority rules. 2. The service manager’s priority rules included in the service manager’s system under clause 47 (2) (b). 2011, c. 6, Sched. 1, s. 48 (2). Conflicts (3) A service manager’s priority rule does not apply to the extent that it conflicts with a provincial priority rule, unless the provincial priority rule provides otherwise. 2011, c. 6, Sched. 1, s. 48 (3). Requirement to provide information (4) If a service manager, for the purposes of determining the priority of a household and with the househ…

49 A housing provider shall use the system under section 47 for its housing projects. 2011, c. 6, Sched. 1, s. 49.

50 (1) The service manager shall determine the amount of rent payable by a household receiving rent-geared-to-income assistance for a unit in a housing project in the service manager’s service area. 2011, c. 6, Sched. 1, s. 50 (1). Requirements guiding determination (2) The service manager’s determination shall be made in accordance with the requirements prescribed for the purposes of this subsection. 2011, c. 6, Sched. 1, s. 50 (2). Housing provider bound (3) A determination under this section is binding on the housing provider. 2011, c. 6, Sched. 1, s. 50 (3).

51 (1) The service manager may, upon the application of a household receiving rent-geared-to-income assistance, defer or forgive all or part of the rent payable by the household. 2011, c. 6, Sched. 1, s. 51 (1). Rules guiding decision and deferral or forgiveness (2) The service manager’s decision on an application and any resulting deferral or forgiveness of rent shall be made in accordance with the rules made by the service manager. 2011, c. 6, Sched. 1, s. 51 (2). Prescribed requirements (3) The rules must comply with the prescribed requirements. 2011, c. 6, Sched. 1, s. 51 (3). Housing provider bound (4) A deferral or forgiveness under this section is binding on the housing provider. 2011, c. 6, Sched. 1, s. 51 (4).

52 (1) On a periodic basis and at such other times as the regulations may require, a service manager shall determine whether the households receiving rent-geared-to-income assistance for units in housing projects of the service manager continue to be eligible for rent-geared-to-income assistance. 2011, c. 6, Sched. 1, s. 52 (1). Requirements relating to periodic basis (2) The regulations may govern the periodic basis upon which determinations under subsection (1) shall be made. 2011, c. 6, Sched. 1, s. 52 (2). Rules guiding determination (3) The service manager’s determination shall be made in accordance with the following: 1. The eligibility rules referred to in section 42. 2. The requirements prescribed for the purposes of this paragraph. 2011, c. 6, Sched. 1, s. 52 (3).

53 (1) A service manager shall give a household written notice, in accordance with any prescribed requirements, of the following decisions: 1. A determination, under subsection 45 (1), whether the household is eligible for rent-geared-to-income assistance. 2. A determination, under subsection 46 (1), of the size and type of unit that would be permissible if the household received rent-geared-to-income assistance. 3. A determination, under subsection 48 (1), whether the household is included in a category given priority over other categories. 4. A determination, under subsection 50 (1), of the amount of rent payable by the household. 5. A determination, under subsection 52 (1), that the household is no longer eligible for rent-geared-to-income assistance. 6. A determination, under subsection 51 (1), as to whether or not rent will be deferred or forgiven. 7. A decision prescribed for the p…

54 (1) A service manager shall make the following available to the public in accordance with any prescribed requirements: 1. The service manager’s procedures for applications for rent-geared-to-income assistance, including what information and documents the service manager requires under clause 44 (2) (b) and the form authorized for the purposes of subsection 44 (4). 2. The service manager’s local eligibility rules made under section 42. 3. The service manager’s occupancy standards established under section 43. 4. The rules included, under subsection 47 (2), in the service manager’s system for selecting households required under section 47. 5. Information on the housing projects in the service manager’s service area where rent-geared-to-income assistance is provided. 6. Information about the provincial eligibility rules prescribed for the purposes of paragraph 1 of subsection 42 (1). 7. …

55 (1) No member of a household shall knowingly obtain or receive rent-geared-to-income assistance for which the household is not eligible. 2011, c. 6, Sched. 1, s. 55 (1). Same (2) A person shall not knowingly aid or abet a member of a household to obtain or receive rent-geared-to-income assistance for which the household is not eligible. 2011, c. 6, Sched. 1, s. 55 (2). Penalty (3) A person who contravenes subsection (1) or (2) is guilty of an offence and, on conviction, is liable to a fine of not more than $5,000 or to imprisonment for a term of not more than six months or to both. 2011, c. 6, Sched. 1, s. 55 (3).

56 (1) This section applies if a household received rent-geared-to-income assistance to which it was not entitled because either, (a) the amount of the geared-to-income rent was less than what the household was entitled to; or (b) the household was not entitled to rent-geared-to-income assistance. 2011, c. 6, Sched. 1, s. 56 (1). Repayment by household (2) Subject to any prescribed limitations, the service manager may require the household to pay the service manager the difference between the rent the household paid and the rent the household should have paid. 2011, c. 6, Sched. 1, s. 56 (2). Individuals liable (3) The members of the household who were parties to the lease or occupancy agreement are jointly and severally liable to pay the amount required under subsection (2). 2011, c. 6, Sched. 1, s. 56 (3). Recovery (4) An amount a person is required to pay under subsection (3) is a deb…

57 (1) A service manager may designate persons as eligibility review officers. 2011, c. 6, Sched. 1, s. 57 (1). Investigation (2) An eligibility review officer may investigate the past or present eligibility of a household to receive rent-geared-to-income assistance and may investigate any member of a household under investigation. 2011, c. 6, Sched. 1, s. 57 (2). Powers (3) An eligibility review officer has the prescribed powers. 2011, c. 6, Sched. 1, s. 57 (3). Search warrants (4) An eligibility review officer may apply for and act under a search warrant. 2011, c. 6, Sched. 1, s. 57 (4). Powers subject to regulations (5) The regulations may govern the exercise of an eligibility review officer’s powers under subsection (3) or (4). 2011, c. 6, Sched. 1, s. 57 (5). Personal information (6) An eligibility review officer is deemed to be engaged in law enforcement for the purposes of the Fre…

58 (1) A service manager, or a person or organization authorized to do so by the service manager, may designate persons as family support workers to assist any member of a household that is eligible for rent-geared-to-income assistance in taking whatever action is necessary to pursue financial support from persons with a legal obligation to provide it. 2011, c. 6, Sched. 1, s. 58 (1). Powers and duties (2) A family support worker has the prescribed powers and duties. 2011, c. 6, Sched. 1, s. 58 (2). Personal information (3) A family support worker may collect and disclose personal information to assist in legal proceedings for financial support and in the enforcement of agreements, orders and judgments relating to financial support. 2011, c. 6, Sched. 1, s. 58 (3).

Special Needs Housing

59 Eligibility for special needs housing shall be determined in accordance with the prescribed provincial eligibility rules. 2011, c. 6, Sched. 1, s. 59.

60 (1) A member of a household may apply, on behalf of the household, to the special needs housing administrator for special needs housing in a housing project. 2011, c. 6, Sched. 1, s. 60 (1). Contents of application (2) An application must include, (a) the prescribed information and documents; and (b) the information and documents required by the special needs housing administrator. 2011, c. 6, Sched. 1, s. 60 (2). Limitations on required information and documents (3) The information and documents the special needs housing administrator may require under clause (2) (b) are subject to the prescribed limitations. 2011, c. 6, Sched. 1, s. 60 (3). Form of application (4) An application must be in a form authorized by the special needs housing administrator. 2011, c. 6, Sched. 1, s. 60 (4).

61 (1) The special needs housing administrator shall determine whether the household is eligible for special needs housing. 2011, c. 6, Sched. 1, s. 61 (1). Rules guiding determination (2) The special needs housing administrator’s determination shall be made in accordance with the following: 1. The eligibility rules referred to in section 59. 2. The requirements prescribed for the purposes of this paragraph. 2011, c. 6, Sched. 1, s. 61 (2).

62 (1) A special needs housing administrator shall have a system for selecting households from those waiting for special needs housing in the administrator’s housing projects. 2011, c. 6, Sched. 1, s. 62 (1). Prescribed requirements (2) The system must comply with the prescribed requirements. 2011, c. 6, Sched. 1, s. 62 (2).

63 (1) The special needs housing administrator shall determine the priority of households waiting for special needs housing, including whether a household is included in a category given priority over other categories. 2011, c. 6, Sched. 1, s. 63 (1). Rules guiding determination (2) The special needs housing administrator’s determination shall be made in accordance with the prescribed provincial priority rules. 2011, c. 6, Sched. 1, s. 63 (2).

64 A housing provider shall use the system under section 62 for its housing projects. 2011, c. 6, Sched. 1, s. 64.

65 (1) On a periodic basis and at such other times as the regulations may require, a special needs housing administrator shall determine whether the households that occupy special needs housing in housing projects of the administrator continue to be eligible for special needs housing. 2011, c. 6, Sched. 1, s. 65 (1). Requirements relating to periodic basis (2) The regulations may govern the periodic basis upon which determinations under subsection (1) shall be made. 2011, c. 6, Sched. 1, s. 65 (2). Rules guiding determination (3) The special needs housing administrator’s determination shall be made in accordance with the following: 1. The eligibility rules referred to in section 59. 2. The requirements prescribed for the purposes of this paragraph. 2011, c. 6, Sched. 1, s. 65 (3).

66 (1) A special needs housing administrator shall give a household written notice, in accordance with any prescribed requirements, of the following decisions: 1. A determination, under subsection 61 (1), whether the household is eligible for special needs housing. 2. A determination, under subsection 63 (1), whether the household is included in a category given priority over other categories. 3. A determination, under subsection 65 (1), that the household is no longer eligible for special needs housing. 4. A decision prescribed for the purposes of this paragraph. 2011, c. 6, Sched. 1, s. 66 (1). Notice to housing provider (2) A special needs housing administrator that is a service manager shall also give the affected housing provider notice of the following decisions: 1. A determination described in paragraph 3 of subsection (1) that the household is no longer eligible for special needs…

67 (1) A special needs housing administrator shall make the following available to the public in accordance with any prescribed requirements: 1. The special needs housing administrator’s procedures for applications for special needs housing, including what information and documents the administrator requires under subsection 60 (2) and the form authorized for the purposes of subsection 60 (4). 2. The rules included in the special needs housing administrator’s system for selecting households required under section 62. 3. Information on the special needs housing administrator’s housing projects where there is special needs housing. 4. Information about the provincial eligibility rules prescribed for the purposes of section 59. 5. Information about the provincial priority rules prescribed for the purposes of subsection 63 (2). 6. Any information or documents prescribed for the purposes of t…

Part VI General rules for transferred housing programs and projects

68 (1) A service manager shall administer and fund a transferred housing program as it relates to a housing project designated in the regulations for the purposes of this subsection. 2011, c. 6, Sched. 1, s. 68 (1). How duty carried out (2) A service manager shall carry out the duty under subsection (1) in accordance with, (a) this Act and the regulations, including such criteria and rules as may be prescribed for the program for the purposes of this clause; and (b) any applicable pre-reform operating agreement. 2011, c. 6, Sched. 1, s. 68 (2). Conflicts (3) A requirement under clause (2) (a) does not apply to the extent that it conflicts with a requirement under clause (2) (b). 2011, c. 6, Sched. 1, s. 68 (3). Restriction on amendments to agreement (4) No amendment shall be made to a pre-reform operating agreement after this section comes into force if the amendment would result in a co…

68.1 (1) A housing project ceases to be a designated housing project on a date determined in accordance with the regulations if, (a) the housing project satisfies the prescribed criteria, if any; (b) the housing provider and the service manager have entered into an exit agreement that complies with the prescribed requirements; and (c) the housing provider and the service manager have given the Minister notice in accordance with subsection (2) of their intention that the housing project cease to be a designated housing project. 2020, c. 16, Sched. 2, s. 9. Notice to Minister (2) The notice referred to in clause (1) (c) must, (a) be given jointly by the housing provider and the service manager in writing; (b) be accompanied by the prescribed documents and information; and (c) comply with the prescribed requirements. 2020, c. 16, Sched. 2, s. 9. List (3) The Minister shall maintain, in acco…

69 (1) This section applies to a housing provider that operates a designated housing project. 2011, c. 6, Sched. 1, s. 69 (1). General management (2) The housing provider shall ensure that the project is well managed, maintained in a satisfactory state of repair and fit for occupancy. 2011, c. 6, Sched. 1, s. 69 (2). Rent and leases (3) The housing provider is responsible, in relation to the project, for the collection of rent and the administration of leases. 2011, c. 6, Sched. 1, s. 69 (3). Information to service manager (4) The housing provider shall give such information as the regulations require to the service manager that administers the transferred housing program to which the project is subject. 2011, c. 6, Sched. 1, s. 69 (4). Plans (5) The housing provider shall prepare and follow such plans relating to the governance or operation of the housing provider as the regulations may…

70 A service manager shall keep records, in accordance with the regulations, in relation to its transferred housing programs and the designated housing projects that are subject to those programs. 2011, c. 6, Sched. 1, s. 70.

71 (1) The Minister may appoint a person to conduct an audit or investigation to ensure that a service manager is administering and funding its transferred housing programs in accordance with this Act and the regulations. 2011, c. 6, Sched. 1, s. 71 (1). Notice to service manager (2) The person appointed under subsection (1) shall give the service manager notice before beginning the audit or investigation. 2011, c. 6, Sched. 1, s. 71 (2). Duty to co-operate (3) The service manager and its employees and agents shall co-operate in all respects with the person appointed under subsection (1). 2011, c. 6, Sched. 1, s. 71 (3). Solicitor-client privilege (4) Subsection (3) does not override any solicitor-client privilege. 2011, c. 6, Sched. 1, s. 71 (4). Report to service manager (5) Within 60 days after the audit or investigation is completed, the Minister shall prepare a report of the results…

72 (1) A service manager shall promptly give written notice to the Minister if, (a) one of its designated housing projects is in difficulty; and (b) the project is subject to a mortgage guaranteed by the Province of Ontario. 2011, c. 6, Sched. 1, s. 72 (1); 2020, c. 16, Sched. 3, s. 10 (2). When a project is in difficulty (2) For the purposes of clause (1) (a), a designated housing project is in difficulty if, (a) the mortgage described in clause (1) (b) is in default; (b) the service manager is of the opinion that, because of the financial position or the projected financial position of the housing provider, either of the following is likely to happen within 12 months after the end of the current fiscal year of the housing provider, (i) the mortgage described in clause (1) (b) will go into default, or (ii) the housing provider will fail to meet a substantial financial obligation; or (c)…

Part VII General rules for certain housing projects