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ontario regulation 150/16

made under the

Housing Services Act, 2011

Made: May 18, 2016
Filed: May 27, 2016
Published on e-Laws: May 27, 2016
Printed in The Ontario Gazette: June 11, 2016

Amending O. Reg. 367/11

(GENERAL)

1. Section 92 of Ontario Regulation 367/11 is amended by adding the following subsection:

(4) This section does not apply to a housing provider that is a service manager or a corporation wholly owned by a service manager.

2. Section 93 of the Regulation is amended by adding the following subsection:

(2) This section does not apply to a housing provider that is a service manager or a corporation wholly owned by a service manager.

3. Paragraph 2 of subsection 113 (7) of the Regulation is revoked and the following substituted:

2. The Child Care and Early Years Act, 2014.

4. Sections 126 and 127 of the Regulation are revoked.

5. Section 138 of the Regulation is amended by adding the following paragraph:

3. With respect to a review under 157 of the Act, the rules included in the system must provide that,

i. the service manager shall appoint, as the review body, an individual that the service manager and the housing provider select jointly or, if they cannot agree, a single individual from a list of individuals whom the Minister identifies, and

ii. the service manager and the housing provider shall share equally the cost of remunerating the review body for conducting the review.

6. The Regulation is amended by adding the following section:

Review of service manager decisions

138.1 (1) Subject to subsection (2), the following decisions of a service manager are prescribed for the purposes of section 157 of the Act:

1. A decision under paragraph 1 of section 85 of the Act to discontinue or suspend a subsidy payment to the housing provider under section 78 of the Act.

2. A decision under paragraph 2 of section 85 of the Act to reduce the amount of a subsidy payment to the housing provider under section 78 of the Act.

3. A decision under paragraph 3 of section 85 of the Act to deduct an amount from a subsidy payment to the housing provider under section 78 of the Act.

4. A decision under paragraph 4 of section 85 of the Act to exercise any of the powers or perform any of the duties of the housing provider or act as the housing provider.

5. A decision under paragraph 5 of section 85 of the Act to appoint an operational advisor for the housing provider.

6. A decision under paragraph 6 of section 85 of the Act to appoint an interim receiver or interim receiver and manager for the housing provider.

7. A decision under paragraph 8 of section 85 of the Act to remove some or all of the directors or deemed directors of the housing provider.

8. A decision under paragraph 9 of section 85 of the Act to appoint one or more individuals as directors of the housing provider.

(2) A housing provider may not request a review of a decision listed in subsection (1), other than in paragraph 6 of that subsection, if any of the circumstances described in subsection 90 (5) of the Act apply in respect of the decision.

7. Clause 146 (4) (b) of the Regulation is amended by striking out “the Day Nurseries Act” and substituting “the Child Care and Early Years Act, 2014”.

8. Items 1 and 6 of Schedule 5 to the Regulation are revoked and the following substituted:

 

Item

Housing Program

Rules and Criteria

1.

Public Housing (Programs described in paragraphs 1 and 2 of Schedule 1)

  1. The service manager shall provide adequate publicly owned rental housing accommodation for households.

  2. The service manager shall provide rent-geared-to-income units and may provide market rent units to households.

  3. The annual income of a household, at the time of its selection to reside in a rent-geared-to-income unit, shall not exceed the applicable household income limit.

  4. The rent for a market unit shall be less than the fair market rent for similar accommodation in the same vicinity.

 

. . . . .

 

6.

Non-Profit Full Assistance (Programs described in paragraphs 8, 9 and 10 of Schedule 1)

  1. The service manager shall provide market units and rent-geared-to-income units to households.

  2. Only units in non-profit housing projects and projects owned by service managers or corporations wholly owned by service managers may be provided.

  3. At least 25% of the units in each housing project shall be rent-geared-to-income units.

 

Commencement

9. (1) Subject to subsection (2), this Regulation comes into force on the later of July 1, 2016 and the day it is filed.

(2) Sections 5 and 6 come into force on the later of January 1, 2017 and the day this Regulation is filed.

 

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