Housing Development Act

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Sections38

• 1Definitions

  1 In this Act, “building development” means a project or undertaking designed to provide, or to facilitate in any way the provision, repair, rehabilitation or improvement of, housing accommodation with or without public buildings, recreational facilities, industrial and commercial buildings or space appropriate therefor; (“programme de construction de logements”) “building development corporation” means a corporation authorized to undertake a building development that is approved by the Lieutenant Governor in Council, and includes any authority established by a municipality to undertake a building development; (“société d’habitation”) “Minister” means the Minister of Housing; (“ministre”) “regulations” means the regulations made under this Act. (“règlements”) R.S.O. 1990, c. H.18, s. 1; 2002, c. 17, Sched. F, Table. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. F, Tab…

• 1.
• 2L.G. in C. may advance or guarantee money for building developments, etc.

  2 (1) The Lieutenant Governor in Council may, (a) guarantee money loaned to persons to be used in the construction of a building development; (b) advance money or guarantee money loaned to any building development corporation to undertake a building development; (c) advance money or guarantee money loaned to persons to acquire and rehabilitate housing units; (d) advance money or guarantee money loaned to any municipality to acquire, demolish and clear dwelling units on land in the municipality that cannot reasonably be rehabilitated for housing purposes; (e) make grants or loans in aid of the capital, maintenance, operating and other costs of any building development; and (f) provide financial assistance to or for the benefit of any occupant or any class or classes of occupant of housing accommodation to assist in the payment of rent, mortgage payments or other charges relating to the oc…

• 2.
• 3Grants or loans

  3 (1) The Minister, out of the money appropriated therefor by the Legislature, may make grants or loans to a municipality or to any person on such terms and conditions and in such amounts as are prescribed by the regulations to assist in the repair, rehabilitation, improvement or conversion of real property used or to be used for residential purposes. R.S.O. 1990, c. H.18, s. 3 (1). Lien (2) Where a municipality uses money received from the Minister under subsection (1) to make a loan to an owner of real property used or to be used for residential purposes for the purposes referred to in subsection (1), the amount of the loan, together with interest at a rate to be determined in accordance with the regulations, may be added by the clerk of the municipality to the collector’s roll and collected in like manner as municipal taxes over a period fixed by the council, and such amount and inter…

• 3.
• 4Grants for studies into housing and to assist house building industry

  4 The Minister may, (a) make grants in aid of studies into housing conditions or any matter relating to housing in Ontario; and (b) make grants and otherwise assist the house building industry in Ontario by stimulating and encouraging research, education and constructive competition within the industry. R.S.O. 1990, c. H.18, s. 4.

• 4.
• 5Advisory committees

  5 The Minister may, for the purpose of being provided with assistance in carrying out the responsibilities imposed under this Act, appoint such advisory committees as the Minister may consider necessary and may pay the reasonable travelling and living expenses incurred by the members of such advisory committees. R.S.O. 1990, c. H.18, s. 5.

• 5.
• 6Municipalities may assist in financing

  6 Despite any other Act, any municipality, with the approval of the Lieutenant Governor in Council, may advance money or guarantee money to be advanced to any building development corporation undertaking a building development, and may issue debentures therefor. R.S.O. 1990, c. H.18, s. 6.

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• 7Joint housing projects authorized

  7 (1) The Crown in right of Ontario represented by the Minister may make agreements with the Crown in right of Canada represented by the Minister of Government Services or such other Minister as may be authorized in that behalf respecting joint projects as contemplated in section 40 of the National Housing Act (Canada) for, (a) the acquisition and development of land for housing purposes; (b) the construction of housing projects for sale or for rent; and (c) the acquisition, improvement and conversion for housing purposes of existing buildings situated in any municipality. R.S.O. 1990, c. H.18, s. 7 (1). Corporation to carry out building developments and housing projects (2) The Lieutenant Governor in Council may constitute corporations with such powers and duties as are considered expedient to carry out any of the terms of any agreement made under subsection (1), or to carry out any bui…

• 7.
• 8Acquisition of land

  8 (1) The Minister may, for and in the name of the Crown in right of Ontario, acquire by purchase or otherwise, or, without the consent of the owner, enter upon, take and expropriate any land the Minister considers necessary for the purposes of a housing project under section 7, or of a building development and may sell, lease or otherwise dispose of any of such land on such terms and conditions as the Minister may determine. R.S.O. 1990, c. H.18, s. 8 (1). Expropriation (2) The Minister in the exercise of the powers to take land compulsorily has all the powers conferred by the Ministry of Infrastructure Act, 2011 on the Minister of Infrastructure in relation to Government property, and in the application of this section where the words “the Minister”, “the Ministry” or “the Crown” appear in such Act, they mean, where the context permits, the Minister under this Act. R.S.O. 1990, c. H.18…

• 8.
• 9Contribution by corporations

  9 (1) The Crown in right of Ontario may enter into an agreement with any corporation under which the corporation will contribute money to any joint housing project being carried out under section 7. R.S.O. 1990, c. H.18, s. 9 (1). Powers of corporations (2) Any corporation incorporated under the laws of Ontario has power to enter into and carry out such agreement. R.S.O. 1990, c. H.18, s. 9 (2).

• 9.
• 10Definition

  10 (1) In this section, “family of low income” means a family that receives a total family income that, in the opinion of the Minister, is insufficient to permit it to rent housing accommodation adequate for its needs at the current rental market in the area in which the family lives. R.S.O. 1990, c. H.18, s. 10 (1). Powers of management corporations (2) With the approval of the Lieutenant Governor in Council, a corporation constituted under subsection 7 (2) may, (a) lease privately-owned housing units for occupancy by families of low income and lease such housing units to families of low income; and (b) if requested by the municipality in which the corporation exercises its powers, (i) inquire into any matter relating to housing conditions or a building development in the municipality and report thereon to the municipality with its recommendations, and (ii) undertake the management of a…

• 10.
• 11Money required for purposes of Act

  11 The money required by the Lieutenant Governor in Council for the purposes of this Act shall be paid out of the money appropriated therefor by the Legislature. R.S.O. 1990, c. H.18, s. 11; 2014, c. 7, Sched. 12, s. 1. Section Amendments with date in force (d/m/y) 2014, c. 7, Sched. 12, s. 1 - 01/04/2015

• 11.
• 12Cost of administration

  12 The cost of administration of this Act shall be paid out of the money appropriated therefor by the Legislature. R.S.O. 1990, c. H.18, s. 12.

• 12.
• 13Incorporation of non-profit housing corporation

  13 (1) A municipality, either solely or together with one or more other persons, may incorporate under the laws of Ontario one or more non-profit housing corporations having as the objects of incorporation the provision and operation of housing accommodation with or without any public space, recreational facilities and commercial space or buildings appropriate thereto primarily for persons of low or modest income at rentals below the current rental market in the area in which the accommodation is located. R.S.O. 1990, c. H.18, s. 13 (1). Provisions applicable to corporation incorporated by municipality (2) A municipality that incorporates a corporation as referred to in subsection (1) may own or control all or any part of the shares, capital or assets, as the case may be, of the corporation, provided however that, notwithstanding any of the provisions of the Not-for-Profit Corporations A…

• 13.
• 14Repealed

  14 Repealed: 2014, c. 7, Sched. 12, s. 2. Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. M, s. 15 - 22/12/1999 2014, c. 7, Sched. 12, s. 2 - 01/04/2015

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• 15Regulations

  15 The Lieutenant Governor in Council may make regulations, (a) prescribing amounts of and the terms and conditions upon which money may be granted, loaned, advanced or guaranteed under this Act or any section thereof; (b) providing for the incorporation, constitution and management of building development authorities; (c) prescribing fees for the management of housing developments which may be different in respect of any one or more housing developments; (d) prescribing forms and providing for their use; (e) respecting any matter necessary or advisable to carry out effectively the intent and purpose of this Act. R.S.O. 1990, c. H.18, s. 15.

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• 16Definition

  16 In sections 17 and 18, “housing project” means a project designed to provide housing accommodation, or to facilitate in any way the provision of housing accommodation, with or without any public space, recreational facilities and commercial space or buildings appropriate thereto. R.S.O. 1990, c. H.18, s. 16.

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• 17Acquisition of lands for housing projects

  17 If there is an official plan in effect in a municipality that includes provisions relating to the provision of housing, which provisions have been approved by the Minister subsequent to the coming into force of this section, or if the council of a municipality has adopted a policy statement containing provisions relating to the provision of housing which statement has been approved by the Minister, the council of the municipality may, (a) acquire and hold land, with or without buildings thereon, within the municipality for the purpose of a housing project; (b) survey, clear, grade, subdivide, service and otherwise prepare such land for the purpose of the project; and (c) sell, lease or otherwise dispose of such land for a nominal or other consideration for housing purposes. R.S.O. 1990, c. H.18, s. 17.

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• 18Agreements re housing projects

  18 (1) A municipality, with the approval of the Minister, may, (a) enter into an agreement with any person or governmental authority for sharing or contributing to the capital cost or the maintenance cost of a housing project, or for providing financial assistance to or for the benefit of any occupant or any class or classes of occupant of housing accommodation to assist in the payment of rent, mortgage payments or other charges relating to the occupancy of such accommodation; (b) enter into an agreement with any person or governmental authority undertaking a housing project to provide that certain specified uses of land in a specified area surrounding or adjacent to the project will be maintained for the period specified in the agreement. R.S.O. 1990, c. H.18, s. 18 (1). Maintenance cost (2) For the purpose of subsection (1), “maintenance cost” includes taxes assessed by the municipalit…

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• 19Temporary housing projects

  19 (1) To relieve any emergency in housing conditions, a municipality, with the approval of the Minister, may erect, maintain, manage and wind up projects for temporary housing accommodation either in or outside the municipality. R.S.O. 1990, c. H.18, s. 19. Exemption, municipalities (2) A municipality does not require the Minister’s approval to engage in an activity described in subsection (1) for the purpose described in subsection (1). 2006, c. 32, Sched. C, s. 26 (2). Section Amendments with date in force (d/m/y) 2006, c. 11, Sched. B, s. 7 - 01/01/2007; 2006, c. 32, Sched. C, s. 26 (2) - 01/01/2007 ______________

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