Strong Communities through Affordable Housing Act, 2011 Bartolucci, Hon. Rick Minister of Municipal Affairs and Housing — Bill 140 (39th Parliament, 2nd Session)

Bill 140, 39-2

Ontario — Bills

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Bill 140, Strong Communities through Affordable Housing Act, 2011

Bartolucci, Hon. Rick Minister of Municipal Affairs and Housing

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Royal Assent

[39] Bill 140 Royal Assent (PDF)

Bill 140 2011

An Act to enact the Housing Services

Act, 2011, repeal the Social Housing Reform Act, 2000 and make complementary

and other amendments to other Acts

Note:

This Act

amends or repeals more than one Act. For the legislative history of these Acts,

see the Table of Consolidated Public Statutes – Detailed Legislative History at

www.e-Laws.gov.on.ca.

CONTENTS

Contents

of this Act

Commencement

Short

title

Schedule

Housing

Services Act, 2011

Schedule

Amendments

to Planning Act

Schedule

Amendments

to Residential Tenancies Act, 2006

______________

Her Majesty, by and with the advice and consent of

the Legislative Assembly of the Province of Ontario, enacts as follows:

Contents of this Act

1. This Act consists of this section, sections

2 and 3 and the Schedules to this Act.

Commencement

(1) Subject to

subsections (2) and (3), this Act comes into force on the day it receives Royal

Assent.

Same

(2) The Schedules to

this Act come into force as provided in each Schedule.

Same

(3) If a

Schedule to

this Act provides that any provisions are to come into force on a day to be

named by proclamation of the Lieutenant Governor, a proclamation may apply to

one or more of those provisions, and proclamations may be issued at different times

with respect to any of those provisions.

Short title

3. The

short title of this Act is the Strong Communities through Affordable Housing Act, 2011 .

Schedule 1

Housing

Services Act,

CONTENTS

PART I

PURPOSE AND

INTERPRETATION

Purpose

of the Act

Definitions

Interpretation

– housing project subject to a program

PART II

PROVINCIAL POLICIES AND LOCAL PLANS

Provincial Interest

Provincial

interest

Minister's Policy Statements

Policy

statements to guide plans

Housing and Homelessness Plans

Housing

and homelessness plans

Consultation

with the public, etc.

Consultation

with Minister

Amendment

of plan

Periodic

review

PART III

SERVICE MANAGERS

Designation

of service managers

Role

of service manager

General

powers of service manager

Clarification

on powers – municipal service manager

Clarification

on powers – dssab service manager

Powers

of dssab service manager re debentures

Delegation

by service manager

Language

of services

Service

manager consent – Ministerial policies and directives

Periodic

reports to Minister

Other

reports, etc., to Minister

Reporting

to public

Remedy if

service manager contravention

PART IV

LOCAL HOUSING CORPORATIONS

Definitions

Definitions

General

Not

a crown agent

Status

– municipal aspects

Rules

governing operation

Subsidy

from related service manager

Authority

to acquire shares

Requirement

to be a local housing corporation

Language

of services

Restriction on Certain Corporate

Changes

Share

issue – restriction

Share

transfer, etc. – restriction

Amalgamation

– re striction

Voluntary

wind-up or dissolution – restriction

Invalidity

if provisions contravened

Conflicts

with Business Corporations Act

PART V

RENT-GEARED-TO-INCOME ASSISTANCE AND SPECIAL NEEDS HOUSING

Definitions

Definitions

Application of

Part

Application

of Part

Minimum Service Levels

Service

levels

Service

levels

Rent-Geared-to-Income Assistance

Eligibility

rules

Occupancy

standards

Application

for assistance

Determination

of eligibility

Determination

of size and type of unit

System

for selecting waiting households

Determination

of priority

Use

of system by housing provider

Amount

of geared-to-income rent

Deferral

or forgiveness of geared-to-income rent

Review

of continued eligibility

Notice

of certain decisions

Information,

etc., made available to the public

Prohibition

re obtaining assistance

Assistance

improperly received

Eligibility

review officers

Family

support workers

Special Needs Housing

Eligibility

rules

Application

for special needs housing

Determination

of eligibility

System

for selecting waiting households

Determination

of priority

Use

of system by housing provider

Review

of continued eligibility

Notice

of certain decisions

Information,

etc., made available to the public

PART VI

GENERAL RULES FOR TRANSFERRED HOUSING PROGRAMS AND PROJECTS

General

duty of service manager

General

duty of housing provider

Records

Audit

or investigation

Notice of

certain projects in difficulty

PART VII

GENERAL RULES FOR CERTAIN HOUSING PROJECTS

Definition

Definition

Application of

Part

Application

of Part

Operation of Projects

Operating

rules for projects

Mandates

under former Act

Targets

for rent-geared-to-income and modified units

Funding

Subsidy

from service manager

Records and Reports

Records

of housing provider

Annual

report from housing provider

Other

reports, etc., from housing provider

Enforcement

Audit

or investigation

Triggering

events

Assistance

before triggering event

Remedies

Other

remedies not limited

Multiple

remedies allowed

Waiver

of a remedy

Remedy

must be reasonable

Notice,

opportunity to rectify and make submission

Discontinuation

or suspension of subsidy

Exercise

of powers, etc., by service manager

Operational

advisor

Restriction

on appointment of receiver, etc.

Service

manager – appointed receiver, etc.

Court

appointed receiver, etc.

Limits

on receivers, etc., appointed by service manager or court

Appointment

of directors

Solicitor-client

privilege

Required

review

Conflicts with Other Acts, etc.

Part

prevails

PART VIII

PAYMENT OF CERTAIN HOUSING COSTS

Distribution of Federal Housing Funding

Distribution

to service managers

Provincial Housing Costs

Provincial

housing costs – definition

Amount

of provincial housing costs

Amount

of recoverable costs

Allocation

of costs among service managers

Revisions

to costs or allocations

Collection

of amounts owing

Service Manager's Housing Costs

Housing

costs – definition

Amount

of housing costs

Apportionment

by municipal service manager

Apportionment

by dssab service manager

Regulations

relating to apportionments

Revisions

to costs or apportionment

Interest

and penalties

Collection

of amounts owing

Special Rules for the Greater Toronto Area

GTA

service manager

revisions to costs

GTA

equalization payments

PART IX

HOUSING SERVICES CORPORATION

Definition

Definition

Continuation, Objects, Powers, etc.

Corporation

continued

Objects

Powers

of a natural person

Required

activities

Not

a crown agent

Non-

application of the Corporations Act

Members

Members

Directors and Officers

Board

of directors

Terms

of directors

Removal

of director by appointer, selectors

Removal

of director by board

Director

ceasing to be member of municipal council, etc.

Resignation

of director

Filling

director vacancies

Chair

of board

Quorum

of board

Voting

by directors

Directors'

remuneration

Decisions

not made at meeting

Meeting

by telephone, etc.

Chief

executive officer

Conflict

of interest of directors and officers

Standards

of care, etc., of directors and officers

Reasonable

diligence defence

Indemnification

of directors and officers

Financial Provisions

Funding

from service managers

Funds

held on behalf of members

Use

of income

Regulations

may govern fees

Audit

Miscellaneous

Required

member participation

Annual

report

Reports

by service managers, etc.

Application

of certain municipal statutes

PART X

MISCELLANEOUS

Reviews of Certain Decisions

System

for dealing with reviews

Reviews

requested by households

Reviews

requested by housing providers

Rules

for reviews

Effective

date of decision

Restrictions on Dealing with Certain Land

Definitions

Real

property transferred under a transfer order

Certain

housing projects

Notice

Consent

by Minister instead of service manager

Invalidity

Restrictions on Certain Corporate Changes

Certain

housing providers restricted

Exemptions for Certain Transfers

Legislation

from which certain transfers exempt

Reporting by Minister

Reporting

to public

Dealing with Information

Personal

information, standards

Disclosure

to or from institutions

Agreements

of Minister re information

Agreements

of service managers re information

Provisions

relating to agreements

Sharing

information

Restriction

re prescribed personal information

Notification

on collection

Provincial Refinancing System for Housing

Providers

liability for changes, etc.

Transfer Orders

Past

transfers not affected

Temporary

continuation of power

Conflicts with Other Acts, etc.

This

Act prevails

Regulations

Regulations

Regulations

made by Minister

Conditions

and restrictions

PART XI

REPEAL AND CONSEQUENTIAL AMENDMENTS

Repeal

Repeal

Amendments to this Act

Amendments in

consequence of Not-for-Profit Corporations Act, 2010

Consequential Amendments to Other Acts

City

of Toronto Act

Municipal

Act

Residential

Tenancies Act

PART XII

COMMENCEMENT AND

SHORT TITLE

Commencement

Short

title

______________

Part I

Purpose and

interpretation

Purpose of the Act

1. The

purpose of this Act is,

(

a) to provide for

community based planning and delivery of housing and homelessness services with

general provincial oversight and policy direction; and

(

b) to provide

flexibility for service managers and housing providers while retaining

requirements with respect to housing programs that predate this Act and housing

projects that are subject to those programs.

Definitions

2. In

this Act,

"designated housing project" means,

in relation to a service manager, a housing project designated in the regulations

for the purposes of subsection 68 (1) as a project in relation to which the

service manager shall administer a transferred housing program; ("ensemble domiciliaire

désigné")

"district social services

administration board" means a board established under the District

Social Services Administration Boards Act ; ("conseil d'administration de

district des services sociaux")

"dssab service manager" means a

service manager that is a district social services administration board; ("conseil gestionnaire de services")

"former Act" means the Social

Housing Reform Act, 2000 repealed by

section 184; ("ancienne loi")

"household" includes an individual

living alone; ("ménage")

"housing project" means all or part

of the residential accommodation, including facilities used for ancillary

purposes, located in one or more buildings used in whole or in part for

residential accommodation; ("ensemble domiciliaire")

"housing provider" means a person

who operates a housi

Document details

Collection	Ontario — Bills
Citation	Bill 140, 39-2
Type	bill
Volume / chapter	p39 s2 bill 140 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	913ef018337639e31c6bebfbcf54ea89303fdb0e

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