O. Reg. 472/16: GENERAL
filed December 16, 2016 under Housing Services Act, 2011, S.O. 2011, c. 6, Sched. 1
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made under the
Housing Services Act, 2011
Made: December 14, 2016
Filed: December 16, 2016
Published on e-Laws: December 16, 2016
Printed in The Ontario Gazette: December 31, 2016
Amending O. Reg. 367/11
(GENERAL)
1. Ontario Regulation 367/11 is amended by adding the following sections to Part V:
Content of notice, s. 35.1 (2) of the Act
16.1 The following are prescribed, for the purposes of subsection 35.1 (2) of the Act, as requirements for a notice under subsection 35.1 (1) of the Act:
1. The notice must describe the transaction or activity for which consent was given.
2. The notice must describe how the transaction or activity will affect the local housing corporation.
Transition, consents given before January 1, 2017
16.2 A consent under clause 32 (a), 33 (1) (a), 34 (a) or 35 (a) of the Act, as it reads immediately before January 1, 2017, given before that date by the Minister, is deemed, on and after that date, to be a consent given by the related service manager under clause 32 (a), 33 (1) (a), 34 (a) or 35 (a), respectively, and the related service manager may do anything with respect to that consent that the related service manager may do under that provision.
2. The heading before section 140 of the Regulation is revoked and the following substituted:
Restrictions on Dealing with Certain Housing Projects and Land
3. Section 140 of the Regulation is revoked and the following substituted:
Designated housing projects transferred under a transfer order, exceptions, s. 161 (4) of the Act
140. (1) The following are prescribed, for the purposes of subsection 161 (4) of the Act, as transactions and activities relating to a designated housing project described in subsection 161 (1) of the Act or the land where it is located for which consent is not required under subsection 161 (2) of the Act:
1. The lease of a unit in the designated housing project, if the term of the lease does not exceed one year.
2. Subject to subsection (2), the lease of a part of the designated housing project or the land where it is located, other than a unit.
3. The transfer or mortgage of all or part of the designated housing project or the land where it is located to or in favour of,
i. the service manager in whose service area the designated housing project is located,
ii. a municipality in the service manager’s service area, other than a municipality that forms part of the service manager for municipal purposes, or
iii. a corporation, one of whose objects is the provision of housing and that is controlled by an entity described in subparagraph i or ii.
4. Subject to subsection (2), the transfer of all or part of the designated housing project or the land where it is located, for the purpose of road widening, to an entity that has the power to expropriate land.
5. Subject to subsection (2), the grant of an easement or right of way if,
i. the purpose of the easement or right of way is to facilitate the provision of a service to the designated housing project or another housing project,
ii. the easement or right of way will not reduce the number of units in the designated housing project that are occupied by households receiving rent-geared-to-income assistance or that are modified units as defined in subsection 41 (2) of the Act and will not significantly affect any other aspect of the operation of the designated housing project, or
iii. the grant is to an entity that has the power to expropriate land.
6. Subject to subsections (2) and (3), the development of all or part of the land where the designated housing project is located, if the development is required to bring the designated housing project into compliance with an Act or regulation, other than the Act or a regulation under the Act.
(2) Paragraphs 2, 4, 5 and 6 of subsection (1) apply with respect to a designated housing project or the land where it is located only if a document has been registered or deposited against title to the property under section 43 of the former Act.
(3) For greater certainty, paragraph 6 of subsection (1) does not apply to a transfer or mortgage, even if the transfer or mortgage is related to the development to which that paragraph applies.
4. Section 140.1 of the Regulation is revoked and the following substituted:
Transition, consents given under s. 161 of the Act before January 1, 2017
140.1 (1) This section applies with respect to the following consents given before January 1, 2017 for a transaction or activity relating to real property, but only to the extent that it was given to a housing provider for a transaction or activity relating to a designated housing project or the land where it is located, as applicable:
1. A consent under subsection 161 (2) of the Act, as it reads immediately before January 1, 2017, given by the service manager for the mortgage or development of the real property.
2. A consent under subsection 161 (3) of the Act, as it reads immediately before January 1, 2017, given by the Minister for the transfer of the real property.
3. A consent under subsection 161 (6) of the Act, as it reads immediately before January 1, 2017, given by the service manager for all future mortgages and developments of the real property.
4. A consent under subsection 161 (7) of the Act, as it reads immediately before January 1, 2017, given by the Minister for all future transfers of the real property.
(2) A consent for a mortgage or development referred to in paragraph 1 of subsection (1) is deemed, on and after January 1, 2017, to be a consent for the mortgage or development of the designated housing project or the land where it is located, as applicable, given to the housing provider by the service manager under subsection 161 (2) of the Act, and the service manager may do anything with respect to that consent that the service manager may do under that subsection.
(3) A consent for a transfer referred to in paragraph 2 of subsection (1) is deemed, on and after January 1, 2017, to be a consent for the transfer of the designated housing project or the land where it is located, as applicable, given to the housing provider by the service manager under subsection 161 (2) of the Act, and the service manager may do anything with respect to that consent that the service manager may do under that subsection.
(4) If a consent for all future mortgages and developments referred to in paragraph 3 of subsection (1) was registered before January 1, 2017 in accordance with subsection 161 (6) of the Act, as it reads immediately before that date, subsection 161 (2) of the Act does not apply with respect to future mortgages and developments of the designated housing project or the land where it is located, as applicable.
(5) If a consent for all future transfers referred to in paragraph 4 of subsection (1) was registered before January 1, 2017 in accordance with subsection 161 (7) of the Act, as it reads immediately before that date, subsection 161 (2) of the Act does not apply with respect to future transfers of the designated housing project or the land where it is located, as applicable.
(6) In this section,
“designated housing project” means a designated housing project described in subsection 161 (1) of the Act; (“ensemble domiciliaire désigné”)
“real property” means real property described in subsection 161 (1) of the Act, as it reads immediately before January 1, 2017. (“bien immeuble”)
5. Section 141 of the Regulation is revoked and the following substituted:
Certain housing projects, exceptions, s. 162 (4) of the Act
141. The following are prescribed, for the purposes of subsection 162 (4) of the Act, as transactions relating to a housing project described in subsection 162 (1) of the Act or the land where it is located for which consent is not required under subsection 162 (2) of the Act:
1. The lease of a unit in the housing project, if the term of the lease does not exceed one year.
2. The lease of a part of the housing project or the land where it is located, other than a unit.
3. If the housing project is operated by a non-profit housing co-operative,
i. the grant of a right to occupy a member unit, or
ii. the grant of a right to occupy a non-member unit for a term not exceeding one year.
4. The renewal or replacement of a mortgage if the renewal or replacement is in accordance with a system or process established by the Minister and the renewal or replacement does not increase the outstanding principal or alter the remaining amortization period.
6. Section 141.1 of the Regulation is revoked and the following substituted:
Transition, consent given under s. 162 (3) of the Act before January 1, 2017
141.1 A consent under subsection 162 (3) of the Act, as it reads immediately before January 1, 2017, given before that date by the Minister for the transfer of a housing project described in subsection 162 (1) of the Act or the land where it is located, is deemed, on and after that date, to be a consent for that transfer given by the service manager under subsection 162 (2) of the Act, and the service manager may do anything with respect to that consent that the service manager may do under that subsection, except that, if subsection 162 (3) of the Act applies to the transfer, the consent is deemed, on and after January 1, 2017, to be a consent for that transfer given by the Minister under subsection 162 (2) of the Act, and the Minister may do anything with respect to that consent that the Minister may do under that subsection.
7. Section 142 of the Regulation is revoked and the following substituted:
Content of notice, s. 163 (3) of the Act
142. (1) The following are prescribed, for the purposes of subsection 163 (3) of the Act, as requirements for a notice under subsection 163 (1) of the Act:
1. The notice must describe the transaction or activity for which consent was given by the service manager.
2. The notice must state how the service manager has followed any applicable policy or directive issued under section 19 of the Act in giving the consent.
3. The notice must set out,
i. the names of the parties involved in the transaction or activity,
ii. the municipal address of the housing project,
iii. the legal description of the land involved in the transaction or activity, and
iv. details of any mortgage that is relevant to the transaction or activity.
(2) The following are prescribed, for the purposes of subsection 163 (3) of the Act, as requirements for a notice under subsection 163 (2) of the Act:
1. The notice must describe the transaction for which consent is to be given by the service manager.
2. The notice must state how the service manager intends to follow any applicable policy or directive issued under section 19 of the Act in giving the consent.
3. The notice must set out,
i. the names of the parties involved in the transaction,
ii. the municipal address of the housing project,
iii. the legal description of the land involved in the transaction, and
iv. details of any mortgage that is relevant to the transaction.
Commencement
8. This Regulation comes into force on the later of January 1, 2017 and the day it is filed.