Affordable Housing Incentives Act, 2000 Caplan, David — Bill 83 (37th Parliament, 1st Session)

Bill 83, 37-1

Ontario — Bills

role="main" class="main-container container js-quickedit-main-content" id="main-content">

Bill 83, Affordable Housing Incentives Act, 2000

Caplan, David

Please select

View bill

Status

Debates

Original

[37] Bill 83 Original (PDF)

Bill 83

Bill 832000

An Act to create

affordable housing by enabling

municipalities to offer incentives

for development and re-development

of properties

Her Majesty, by and with the advice and consent of the Legislative

Assembly of the Province of Ontario, enacts as follows:

1.The Municipal Act is amended by adding the following

section:

Affordable housing programs, projects

111.1 (1)Despite

section 111, the council of a

municipality may, in accordance with a by-law made under subsection (2),

grant assistance for the development, repair, rehabilitation, improvement or

conversion of real property to be used for affordable housing in the

municipality.

By-laws

(2)The council of a municipality may by by-law,

(a)define "affordable housing" for the purpose of the application of this

section to the municipality and establish criteria against which affordable

housing proposals may be assessed by the council in determining whether to

grant assistance under this section;

(b)authorize the establishment by the municipality of, or participation by

the municipality in, an affordable housing project in the municipality,

subject to such conditions as the council considers appropriate;

(c)establish and maintain a program to grant assistance by any means in

subsection (3) for the development, repair, rehabilitation, improvement or

conversion of real property to be used for affordable housing in the

municipality;

(d)establish a local board to administer a program created under clause

(

c) or to administer a municipality's participation in an affordable housing

project referred to in clause (b).

Acquisition and leasing of land, etc.

(3)Despite

section 111, the council of a municipality may, for the purpose

of granting assistance under a program referred to in clause (2) (c),

(a)acquire land and erect and improve buildings and structures;

(b)make grants;

(c)enter into leases of real property with any person;

(d)enter into any agreements with any person;

(e)sell, lease or otherwise dispose of any of the personal property of the

municipality to any person or provide for the use of that property by any

person;

(f)provide for the use of the services of any of the employees of the

municipality by any person; and

(g)give a total or partial exemption from any levy, charge or fee.

Grant includes loans

(4)The power to make grants under clause (3) (

b) includes the power to

make loans, to charge interest on the loans and to guarantee loans.

Lien

(5)Where a municipality makes a loan under clause (3) (

b) to an owner of

real property used or to be used for the purpose of an affordable housing

project under clause (2) (b), the amount of the loan, together with interest,

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 council,

and such amount and interest shall, until payment thereof, be a lien or

charge upon the land in respect of which the loan has been made.

Registration of certificate

(6)A certificate signed by the clerk of the municipality setting out the

amount loaned to an owner referred to in subsection (5), including the rate

of interest thereon, together with a description of the land in respect of

which the loan has been made, sufficient for registration, shall be

registered in the proper land registry office against the land, and upon

repayment in full to the municipality of the amount loaned and interest

thereon, a certificate signed by the clerk of the municipality showing such

repayment shall be similarly registered, and thereupon the lien or charge

upon the land in respect of which the loan was made is discharged.

Promissory note

(7)As an alternative or in addition to adding the amount of the loan and

interest to the collector's roll and registering a certificate in respect

thereof as provided in subsections (5) and (6), the municipality may take

from the owner a promissory note as security for the repayment of the amount

loaned and interest thereon.

Availability of assistance

(8)Despite

section 111,

(a)a lease of real property under clause (3) (c);

(b)a sale, lease or other disposition of personal property under clause

(3) (e); or

(c)the use of personal property or the services of employees of a

municipality under clauses (3) (

e) and (f),

may be made or provided for at less than fair market value.

Local board

(9)The following provisions apply to a local board established under

clause (2) (d):

1.The local board is a body corporate and shall consist of such number of

members as the council of the municipality may determine.

2.A person is disqualified from being a member of the local board unless

the person is qualified to be elected as a member of the council of the

municipality.

3.Members shall hold office until the expiration of the term of the

council that appointed them and until their successors are appointed and are

eligible for reappointment.

4.After the coming into force of the by-law under clause (2) (d), all the

powers, rights, authorities and privileges conferred and the duties imposed

on the council of the municipality by this

section shall be exercised by the

local board but subject to such limitations as the by-law may provide.

5.The local board shall submit to the council of the municipality its

estimates for the current year at the time and in the form prescribed by

council and make requisitions on the council for all sums of money required

to carry out its powers and duties, but nothing in this paragraph divests the

council of its authority with reference to providing the money for the

purposes of the local board and, when money is provided by the council, the

treasurer of the municipality shall, on the certificate of the local board,

pay out such money.

6.On or before March 1 in each year, the local board shall submit its

annual report for the preceding year to the council of the municipality,

including a complete, audited and certified financial statement of its

affairs, a balance sheet and a revenue and expenditure statement.

7.The municipal auditor shall be the auditor of the local board and all

books, documents, transactions, minutes and accounts of the local board

shall, at all times, be open to the auditor's inspection.

8.The power, right, authority and privilege of the council to raise money

by the issue of debentures or otherwise for the acquisition of land or

construction of buildings shall not be transferred to the local board.

9.On the repeal of the by-law establishing the local board, the local

board ceases to exist and its undertaking, documents, assets and liabilities

shall be vested in and assumed by the municipality.

Commencement

2.This Act comes into force on the day it receives Royal

Assent.

Short title

3.The

short title of this Act is the Affordable Housing

Incentives Act, 2000 .

EXPLANATORY NOTE

Section 111 of the Municipal Act prohibits a municipality from

granting any financial assistance to any enterprise. The Bill creates an

exception to this rule, enabling municipalities to provide financial

assistance to an affordable housing project in the municipality. The Bill

allows municipalities to define what types of affordable housing projects

will qualify for assistance. A local board can also be established by the

municipality to administer a program to provide financial assistance for

affordable housing projects.

Date Bill stage Activity Committee

June 1, 2000

First Reading

Carried

Debates and Progress

First Reading

June

1, 2000

Second Reading

Committee

Third Reading

Royal Assent :

Coming into force :Royal Assent.

Was this page helpful? Yes , I found this page helpful. An optional survey will open in a new tab. No , I didn’t find this page helpful. An optional survey will open in a new tab.

Back to top

Document details

Collection	Ontario — Bills
Citation	Bill 83, 37-1
Type	bill
Volume / chapter	p37 s1 bill 83 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	46cc87f77f13a93265f1ce1bf5eaadb69652789f

Source file is stored in the law ingest library (html).