O. Reg. 241/22: GENERAL
filed March 30, 2022 under Housing Services Act, 2011, S.O. 2011, c. 6, Sched. 1
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made under the
Housing Services Act, 2011
Made: March 24, 2022
Filed: March 30, 2022
Published on e-Laws: March 30, 2022
Printed in The Ontario Gazette: April 16, 2022
Amending O. Reg. 367/11
(GENERAL)
1. Ontario Regulation 367/11 is amended by adding the following sections:
Ceasing to be designated housing project
86.1 (1) For the purposes of subsection 68.1 (1) of the Act, the date that a housing project ceases to be a designated housing project, if the requirements of that subsection are satisfied, is the date specified in the exit agreement.
(2) The prescribed criteria that a designated housing project must satisfy for the purpose of clause 68.1 (1) (a) of the Act are as follows:
1. The housing project is not subject to a pre-reform operating agreement that remains in effect.
2. The housing project is not subject to a mortgage guaranteed by the Province of Ontario that relates to a transferred housing program.
(3) The following are, for the purpose of clause 68.1 (1) (b) of the Act, prescribed requirements with which an exit agreement must comply:
1. The agreement must state that the service manager and housing provider intend for the housing project to cease to be a designated housing project.
2. The agreement must,
i. take effect no less than 30 days after the date on which the service manager and housing provider give notice to the Minister under clause 68.1 (1) (c) of the Act, and
ii. state that effective date.
3. The agreement must include a plan for the following:
i. The accommodation of households who occupy units in the housing project, including a plan for the continued delivery of one of the following to each household who is in receipt of rent-geared-to-income assistance:
A. Rent-geared-to-income assistance.
B. If the household agrees, an alternate form of assistance referred to in section 20.1.
ii. At least one of the following:
A. The continued operation of the housing project by the housing provider or another housing provider.
B. The redevelopment of the housing project by the housing provider or another housing provider.
C. The reinvestment of the proceeds of sale of the housing project into affordable housing.
4. The agreement shall require the housing provider to implement the plan referred to in paragraph 3.
Notice to Minister
86.2 (1) The following information must be included in a notice given to the Minister under clause 68.1 (1) (c) of the Act:
1. The address of the housing project.
2. The service manager.
3. The housing provider.
4. A legal description of the lands on which the housing project is located.
5. A statement that the service manager and housing provider have entered into an exit agreement that complies with the requirements prescribed under clause 68.1 (1) (b) of the Act.
6. The effective date of the exit agreement.
7. A statement that the housing project meets the criteria prescribed for the purpose of clause 68.1 (1) (a) of the Act.
(2) A notice given to the Minister under clause 68.1 (1) (c) of the Act must be signed by at least one representative of the service manager and at least one representative of the housing provider.
List of former designated housing projects
86.3 For the purpose of subsection 68.1 (3) of the Act, the Minister shall maintain, in accordance with the following requirements, a list of housing projects that have ceased to be designated housing projects in accordance with section 68.1 of the Act:
1. When a housing project ceases to be a designated housing project, the Minister shall add the housing project to the list.
2. The list shall include the following information for each such housing project:
i. The address of the housing project.
ii. The service manager.
iii. The date on which the housing project ceased to be a designated housing project.
2. The Regulation is amended by adding the following Part:
Part VIII.1
Part VII.1 of the Act
Housing projects
105.1 (1) For the purposes of subsection 101.2 (1) of the Act, the date that a housing project becomes a Part VII.1 housing project, if the requirements of that subsection are satisfied, is the date specified in the service agreement.
(2) The following are, for the purposes of clause 101.2 (1) (a) of the Act, prescribed requirements with which a service agreement must comply:
1. The agreement must state that the service manager and housing provider intend for the housing project to be governed under Part VII.1 of the Act.
2. The agreement must,
i. take effect no less than 30 days after the date on which the service manager and housing provider give notice to the Minister under clause 101.2 (1) (b) of the Act, and
ii. state that effective date.
3. The agreement must,
i. have a term of not less than 10 years from the effective date,
ii. state the term of the agreement, and
iii. provide that the agreement continues in effect after the end of the term until,
A. the agreement is replaced with a new service agreement, or
B. the service manager and housing provider enter into an exit agreement and the exit agreement takes effect.
4. The agreement must specify the following:
i. The number of units in the housing project, or a target or range of the number of units in the housing project, in respect of which households shall receive rent-geared-to-income assistance.
ii. If applicable, the number of units in the housing project, or a target or range of the number of units in the housing project, in respect of which households shall receive an alternate form of assistance referred to in section 20.1.
5. The agreement must provide the following in respect of the units described in subparagraph 4 i:
i. The housing provider shall select households to occupy units and receive rent-geared-to-income assistance using the service manager’s selection system under section 47 of the Act, including the priority rules made under clause 47 (2) (b) of the Act.
ii. For the purpose of selecting households using the service manager’s selection system under section 47 of the Act, the same rules shall apply as though the housing project were a Part VII Housing Project, as defined in section 73 of the Act.
iii. A household shall not be eligible for rent-geared-to-income assistance unless the household meets the eligibility rules made under section 42 of the Act.
iv. The amount of geared-to-income rent shall be determined in the manner prescribed under section 50 of the Act.
6 If the housing project includes special needs housing, as defined in section 38 of the Act, the agreement must specify how households will be selected for special needs housing in the housing project.
7. If one or more households occupying units in the housing project are, on the date immediately before the effective date of the agreement, receiving rent-geared-to-income assistance under Part V of the Act, the agreement must provide that such households shall continue to receive rent-geared-to-income assistance in accordance with section 147.1 of this Regulation.
8. Despite paragraph 5, if one or more households occupying units in the housing project are, on the date immediately before the effective date of the agreement, receiving rent-geared-to-income assistance other than under Part V of the Act in the housing project, the agreement must provide that such households shall continue to receive rent-geared-to-income assistance in accordance with their existing rights.
9. The agreement must specify the mandate of the housing provider, if any, to serve a specified population.
10. If the agreement specifies a mandate referred to in paragraph 9, the agreement must state that the mandate shall be treated in the same manner as a mandate under section 76 of the Act for the purpose of selecting households using the service manager’s selection system under section 47 of the Act.
11. The agreement must include a requirement for the service manager to provide funding to the housing provider, in respect of any units in the housing project where the household pays geared-to-income rent, equal to the difference between the geared-to-income rent payable by the household and the rent that would be payable if no rent-geared-to-income assistance was given in respect of the unit.
12. The agreement must include provision for the following:
i. Such additional funding or other financial assistance as the service manager and housing provider agree on in order reduce or defray the rent of households, other than households receiving rent-geared-to-income assistance.
ii. Such additional funding or other financial assistance as the service manager and housing provider agree is necessary to enable the housing provider to maintain the housing project in a satisfactory state of repair and fit for occupancy.
13. The agreement must include a financial plan for the housing project that,
i. has been jointly developed by the housing provider and service manager,
ii. addresses how the housing provider’s revenues will meet expenditures for the housing project, including projected capital expenditures,
iii. addresses how rent for units in the housing project, other than geared-to-income rent, will be set, and
iv. extends for a period of at least five years from the effective date of the agreement.
14. The agreement must provide that the financial plan described in paragraph 13 will be reviewed at least every five years.
15. The agreement must include a dispute resolution process that the housing provider and service manager shall follow regarding alleged non-compliance with the agreement.
(3) The prescribed criteria that a designated housing project must satisfy for the purpose of subclause 101.2 (1) (c) (i) of the Act are as follows:
1. The housing project is not subject to a pre-reform operating agreement that remains in effect.
2. The housing project is not subject to a mortgage guaranteed by the Province of Ontario that relates to a transferred housing program.
(4) A housing project that is not a designated housing project is prescribed for the purpose of subclause 101.2 (1) (c) (ii) of the Act if the housing provider is one of the following:
1. A corporation to which the Not-for-Profit Corporations Act, 2010 or the Canada Not-for-Profit Corporations Act applies.
2. A non-profit housing co-operative.
3. A co-operative to which Part 20 of the Canada Co-operatives Act applies.
4. A local housing corporation.
5. A housing provider that previously operated the housing project under a funding agreement with the Crown in right of Canada or in right of Ontario, or an agency of either of them, or a service manager.
Notice to Minister
105.2 (1) The following information must be included in a notice given to the Minister under clause 101.2 (1) (b) of the Act:
1. The address of the housing project.
2. The service manager.
3. The housing provider.
4. A legal description of the lands on which the housing project is located.
5. A statement that the service manager and housing provider have entered into a service agreement that complies with the requirements prescribed under clause 101.2 (1) (a) of the Act.
6. The effective date of the service agreement.
7. If the housing project is a designated housing project, a statement that the housing project meets the criteria prescribed for the purpose of subclause 101.2 (1) (c) (i) of the Act.
8. If the housing project is not a designated housing project, a statement that the housing project is of a type prescribed for the purpose of subclause 101.2 (1) (c) (ii) of the Act.
(2) A notice given to the Minister under clause 101.2 (1) (b) of the Act must be signed by at least one representative of the service manager and at least one representative of the housing provider.
Lists of housing projects
105.3 (1) For the purpose of subsection 101.4 (1) of the Act, a service manager shall maintain a list of Part VII.1 housing projects in its service area in accordance with the following requirements:
1. When a housing project becomes a Part VII.1 housing project, the service manager shall add the housing project to the list.
2. The list shall include the address of each Part VII.1 housing project.
3. The list shall, for each Part VII.1 housing project that has a mandate to serve a specified population, indicate the mandate for the housing project.
4. When a housing project ceases to be a Part VII.1 housing project, the service manager shall remove the housing project from the list.
(2) The service manager shall make the list available to the public by,
(a) allowing members of the public, during normal business hours, to inspect and copy the list at their own expense; and
(b) posting the list on the internet.
(3) For the purpose of subsection 101.4 (4) of the Act, the Minister shall maintain a list of all Part VII.1 housing projects in accordance with the following requirements:
1. When a housing project becomes a Part VII.1 housing project, the Minister shall add the housing project to the list.
2. The list shall include the following information for each Part VII.1 housing project:
i. The address of the housing project.
ii. The service manager.
iii. The date that the housing project became a Part VII.1 housing project.
3. When a housing project ceases to be a Part VII.1 housing project, the Minister shall indicate on the list that the housing project has ceased to be a Part VII.1 housing project and the date that it ceased to be a Part VII.1 housing project.
Termination of service agreement — s. 101.5 (4) (b) of Act
105.4 If a service manager and a housing provider have entered into an exit agreement that complies with the requirements prescribed for the purposes of clause 101.7 (1) (a), the service manager and housing provider may terminate a service agreement by mutual agreement as of the effective date of the exit agreement.
Exit agreement
105.5 (1) For the purposes of subsection 101.7 (1) of the Act, the date that a housing project ceases to be a Part VII.1 housing project, if the requirements of that subsection are satisfied, is the date specified in the exit agreement.
(2) The following are, for the purpose of clause 101.7 (1) (a) of the Act, prescribed requirements with which an exit agreement must comply:
1. The agreement must state that the service manager and housing provider intend for the housing project to cease to be governed under Part VII.1 of the Act.
2. The agreement must state the date that the agreement is effective, which shall be not less than 30 days after the service manager and housing provider give notice to the Minister under clause 101.7 (1) (b) of the Act.
3. The exit agreement must include a plan for the following:
i. The accommodation of households who occupy units in the housing project, including a plan for the continued delivery of one of the following to each household who is in receipt of rent-geared-to-income assistance:
A. Rent-geared-to-income assistance.
B. If the household agrees, an alternate form of assistance referred to in section 20.1.
ii. At least one of the following:
A. The continued operation of the housing project by the housing provider or another housing provider.
B. The redevelopment of the housing project by the housing provider or another housing provider.
C. The reinvestment of the proceeds of sale of the housing project into affordable housing.
4. The agreement must require the housing provider to implement the plan referred to in paragraph 3.
Notice to Minister
105.6 (1) The following information must be included in a notice given to the Minister under clause 101.7 (1) (b) of the Act:
1. The address of the housing project.
2. The service manager.
3. The housing provider.
4. A legal description of the lands on which the housing project is located.
5. A statement that the service manager and housing provider have entered into an exit agreement that complies with the requirements prescribed under clause 101.7 (1) (a) of the Act.
6. The effective date of the exit agreement.
(2) A notice given to the Minister under clause 101.7 (1) (b) of the Act must be signed by at least one representative of the service manager and at least one representative of the housing provider.
3. Subsection 136 (4) of the Regulation is amended by adding “and with respect to Part VII.1 housing projects as defined in section 101.1 of the Act that were previously Part VII housing projects” at the end.
4. The Regulation is amended by adding the following section:
Ceasing to be a Designated Housing Project
Regulations under s. 181.3 of the Act — ceasing to be designated housing project
147.1 The following provisions apply in respect of a housing project ceasing to be a designated housing project under section 68.1 or 101.3 of the Act:
1. If the housing project was a Part VII housing project as defined in section 73 of the Act, subsections 80 (1) to (3) of the Act and the regulations made under those subsections continue to apply to the housing provider until the housing provider gives the service manager the annual report for the last fiscal year that the housing project was a Part VII housing project.
2. If a household was receiving rent-geared-to-income assistance under Part V of the Act in a unit in the housing project immediately before the housing project ceased to be a designated housing project, the following provisions of the Act continue to apply in respect of the household while the household continues to occupy the unit:
i. Section 50 of the Act and the regulations made under that section continue to apply for the purpose of determining the amount of the household’s geared-to-income rent and for the purpose of binding the housing provider to that determination.
ii. Section 52 of the Act and the regulations made under that section continue to apply for the purpose of determining the household’s continued eligibility for rent-geared-to-income assistance.
iii. Section 53 of the Act and the regulations made under that section continue to apply for the purpose of giving notice of decisions in respect of the matters described in subparagraphs i and ii.
iv. Sections 155, 156 and 158 of the Act and the regulations made under those sections continue to apply to a review of a decision in respect of the matters described in subparagraphs i and ii.
v. Section 159 of the Act and the regulations made under that section continue to apply for the purpose of determining the effective date of any decisions in respect of the matters described in subparagraphs i, ii and iv.
Commencement
5. This Regulation comes into force on the later of the day section 10 of Schedule 2 to the Protecting Tenants and Strengthening Community Housing Act, 2020 comes into force and the day this Regulation is filed.