O. Reg. 101/14: GENERAL

Link to law: http://www.ontario.ca/laws/regulation/r14101
Published: 2014-04-09

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ONTARIO REGULATION 101/14

made under the

HOUSING SERVICES ACT, 2011

Made: March 26, 2014
Filed: April 9, 2014
Published on e-Laws: April 9, 2014
Printed in The Ontario Gazette: April 26, 2014


Amending O. Reg. 367/11

(GENERAL)

1. Paragraph 6 of subsection 76 (1) of Ontario Regulation 367/11 is revoked and the following substituted:

6. For the purposes of paragraph 5, the selection of a household in accordance with the administrator’s determination of priority under section 63 of the Act shall be made using one of the following methods, as determined under the administrator’s system for selecting households:

i. by selecting the highest priority household from among the relevant households, or

ii. after information about the vacancy has been made available to the relevant households, by selecting the highest priority household from among the relevant households that express interest within the specified time period.

7. If the method under subparagraph 6 i is used, a household with a lower priority may be selected if every other relevant household with a higher priority has been given an offer but has not accepted within a reasonable time.

8. If the method under subparagraph 6 ii is used, a household with a lower priority may be selected if every other relevant household with a higher priority that expressed interest within the specified time period has been given an offer but has not accepted within a reasonable time.

2. Paragraph 3 of subsection 139 (1) of the Regulation is revoked and the following substituted:

3. If a review is requested under section 156 or 157 of the Act on or after July 1, 2014,

i. the decision made by the review body is effective on the later of the day determined under paragraph 1 and the day specified by the review body, whether that day is before, on or after the day the review body made its decision, and

ii. the decision being reviewed is effective only if the review body provides for it to be effective and, if the review body so provides, the decision being reviewed is effective on the day the decision of the review body is effective.

3. (1) Paragraph 5 of subsection 140 (1) of the Regulation is revoked.

(2) Subsection 140 (2) of the Regulation is amended by striking out “Paragraphs 2, 4, 5, 6 and 7” at the beginning and substituting “Paragraphs 2, 4, 6 and 7”.

4. The Regulation is amended by adding the following sections:

Grant of easement or right of way, exceptions, s. 161 (5) of the Act

140.1 (1) Subject to subsections (3) and (4), the grant of an easement or right of way is prescribed, for the purposes of subsection 161 (5) of the Act, as a transaction relating to real property described in subsection 161 (1) of the Act for which consent is not required under subsection 161 (2) of the Act.

(2) The grant of an easement or right of way is prescribed, for the purposes of subsection 161 (5) of the Act, as a transaction relating to real property described in subsection 161 (1) of the Act for which consent is not required under subsection 161 (3) of the Act.

(3) Subsection (1) applies with respect to a grant of an easement or right of way if,

(a) the purpose of the easement or right of way is to facilitate the provision of a service to a housing project;

(b) the easement or right of way will not reduce the number of units in a 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 a housing project; or

(c) the grant is to an entity that has the power to expropriate land.

(4) Subsection (1) applies with respect to real property only if a document has been registered or deposited against title to the property under section 43 of the former Act.

. . . . .

Grant of easement or right of way, exception, s. 162 (4) of the Act

141.1 (1) The grant of an easement or right of way is prescribed, for the purposes of subsection 162 (4) of the Act, as a transaction relating to the land where a housing project described in subsection 162 (1) of the Act is located for which consent is not required under subsection 162 (3) of the Act.

(2) Nothing in subsection (1) affects the obligation to obtain the consent of the service manager under subsection 162 (2) of the Act.

5. Schedules 1 and 2 to the Regulation are revoked and the following substituted:

SCHEDULE 1
HOUSING PROGRAMS PRESCRIBED FOR THE DEFINITION OF “TRANSFERRED HOUSING PROGRAM” (SECTION 2)

Program Category Number 1 (a)
Description

1. The public housing programs administered before January 1, 2001 by Local Housing Authorities for the object of providing appropriate housing exclusively to applicants selected on the basis of being financially unable to obtain affordable, suitable and adequate housing on the private market, as determined by Ontario, in housing projects that immediately before January 1, 2001 were owned or leased by the Ontario Housing Corporation or jointly by the Ontario Housing Corporation and the CMHC.

Program Category Number 1 (b)
Description

2. The public housing program administered before January 1, 2001 by the Ministry for the object of providing appropriate housing exclusively to applicants selected on the basis of being financially unable to obtain affordable, suitable and adequate housing on the private market, as determined by Ontario, in housing projects that immediately before January 1, 2001 were owned or leased by the Toronto Housing Company.

Program Category Number 2 (a)
Description

3. All Rent Supplement Programs administered before January 1, 2001 by Local Housing Authorities or the Ministry that are not included in paragraph 4, including the following:

i. Rent Supplement — Regular.

ii. Accelerated Rental CMHC.

iii. Accelerated Rental OMC.

iv. Community Integrated.

v. Assisted Rentals.

vi. Limited Dividend.

vii. Private Assisted Rental.

viii. Ontario Rental Construction Plan.

ix. Canada Rental Supply Plan.

x. Convert-to-rent.

xi. Canada Ontario Rental Supply Plan.

xii. Renterprise.

xiii. Low Rise Rehabilitation.

xiv. Ontario Rental Construction Loan.

xv. Assisted Rental Housing.

xvi. Ontario Accelerated Family Rental Housing.

Program Category Number 2 (b)
Description

4. With respect to units in projects owned, leased or administered by non-profit housing providers, the Rent Supplement Programs administered before January 1, 2001 by the Ministry that are not specifically listed in paragraph 3, including the following programs:

i. Community Sponsored Housing Program (1978-1985).

ii. Community Sponsored Housing Program (P2500) (1978-1985).

iii. Ontario Community Housing Assistance Program (1978-1985).

Program Category Number 3
Description

5. The Limited Dividend Entrepreneur Program administered under the National Housing Act (Canada), section 26 as that section read before being repealed in 1999.

Program Category Number 4
Description

6. The Non-Profit Low Rental Housing Program administered under the National Housing Act (Canada), sections 26 and 27 as those sections read before being repealed in 1999.

Program Category Number 5
Description

7. The Non-Profit 2% Write-Down Non-Profit Housing Program administered under the National Housing Act (Canada), section 95.

Program Category Number 6 (a)
Description

8. With respect to non-profit housing providers other than non-profit housing co-operatives, the Non-Profit Full Assistance Housing Programs administered before January 1, 2001 by the Ministry, not including the Municipal Non-Profit Housing Program, but including the following:

i. jobsOntario Homes.

ii. The Ontario Non-Profit Housing Program (P-3,000).

iii. The Ontario Non-Profit Housing Program (P-3,600).

iv. The Ontario Non-Profit Housing Program (P-10,000).

v. Homes Now.

vi. Federal/Provincial Non-Profit Housing Program (1986-1993).

Program Category Number 6 (b)
Description

9. With respect to non-profit housing co-operatives, the Non-Profit Full Assistance Housing Programs administered before January 1, 2001 by the Ministry, not including the Municipal Non-Profit Housing Program, but including the following:

i. jobsOntario Homes.

ii. The Ontario Non-Profit Housing Program (P-3,000).

iii. The Ontario Non-Profit Housing Program (P-3,600).

iv. The Ontario Non-Profit Housing Program (P-10,000).

v. Homes Now.

vi. Federal/Provincial Non-Profit Housing Program (1986-1993).

Program Category Number 6 (c)
Description

10. The Municipal Non-Profit Housing Program (1978-1985).

Program Category Number 7
Description

11. The Urban Native Fully Targeted Housing Program administered under the National Housing Act (Canada), section 95.

Program Category Number 8
Description

12. The Urban Native 2% Write-Down and Additional Assistance Program administered under the National Housing Act (Canada), section 95.

SCHEDULE 2
SERVICE MANAGERS AND SERVICE AREAS (SECTION 6)

Item

Column 1

Service Managers

Column 2

Service Areas

1.

City of Brantford

County of Brant and City of Brantford

2.

County of Bruce

County of Bruce

3.

Municipality of Chatham-Kent

Municipality of Chatham-Kent

4.

City of Cornwall

City of Cornwall and United Counties of Stormont, Dundas and Glengarry

5.

County of Dufferin

County of Dufferin

6.

Regional Municipality of Durham

Regional Municipality of Durham

7.

City of Greater Sudbury

City of Greater Sudbury

8.

County of Grey

County of Grey

9.

Regional Municipality of Halton

Regional Municipality of Halton

10.

City of Hamilton

City of Hamilton

11.

County of Hastings

County of Hastings, City of Belleville and City of Quinte West

12.

County of Huron

County of Huron

13.

City of Kawartha Lakes

City of Kawartha Lakes and County of Haliburton

14.

City of Kingston

City of Kingston and the County of Frontenac

15.

County of Lambton

County of Lambton

16.

County of Lanark

County of Lanark and Town of Smiths Falls

17.

United Counties of Leeds and Grenville

United Counties of Leeds and Grenville, City of Brockville, Town of Gananoque and Town of Prescott

18.

County of Lennox and Addington

County of Lennox and Addington and County of Prince Edward

19.

City of London

City of London and County of Middlesex

20.

District Municipality of Muskoka

District Municipality of Muskoka

21.

Regional Municipality of Niagara

Regional Municipality of Niagara

22.

Norfolk County

Norfolk County and Haldimand County

23.

County of Northumberland

County of Northumberland

24.

City of Ottawa

City of Ottawa

25.

County of Oxford

County of Oxford

26.

Regional Municipality of Peel

Regional Municipality of Peel

27.

City of Peterborough

County of Peterborough and City of Peterborough

28.

United Counties of Prescott and Russell

United Counties of Prescott and Russell

29.

County of Renfrew

County of Renfrew, including City of Pembroke

30.

County of Simcoe

County of Simcoe, City of Barrie and City of Orillia

31.

City of St. Thomas

City of St. Thomas and County of Elgin

32.

City of Stratford

County of Perth, City of Stratford and Town of St. Marys

33.

City of Toronto

City of Toronto

34.

Regional Municipality of Waterloo

Regional Municipality of Waterloo

35.

County of Wellington

County of Wellington and City of Guelph

36.

City of Windsor

City of Windsor, County of Essex and Township of Pelee

37.

Regional Municipality of York

Regional Municipality of York

38.

Algoma District Services Administration Board

The district designated for the board under the District Social Services Administration Boards Act

39.

District of Cochrane Social Services Administration Board

The district designated for the board under the District Social Services Administration Boards Act

40.

Kenora District Services Board

The district designated for the board under the District Social Services Administration Boards Act

41.

Manitoulin-Sudbury District Services Board

The district designated for the board under the District Social Services Administration Boards Act

42.

District of Nipissing Social Services Administration Board

The district designated for the board under the District Social Services Administration Boards Act

43.

District of Parry Sound Social Services Administration Board

The district designated for the board under the District Social Services Administration Boards Act

44.

Rainy River District Social Services Administration Board

The district designated for the board under the District Social Services Administration Boards Act

45.

District of Sault Ste. Marie Social Services Administration Board

The district designated for the board under the District Social Services Administration Boards Act

46.

Thunder Bay Social Services Administration Board

The district designated for the board under the District Social Services Administration Boards Act

47.

District of Timiskaming Social Services Administration Board

The district designated for the board under the District Social Services Administration Boards Act


6. (1) Items 58, 59, 60 and 63 of Schedule 3 to the Regulation are revoked.

(2) Schedule 3 to the Regulation is amended by adding the following item:

64.1

Regional Municipality of Peel

Neelands Place Inc.


(3) Item 66 of Schedule 3 to the Regulation is revoked and the following substituted:

66.

Regional Municipality of Peel

Peel Housing Corporation


(4) Items 70, 204 and 206 of Schedule 3 to the Regulation are revoked.

7. Schedule 5 to the Regulation is revoked and the following substituted:

SCHEDULE 5
RULES AND CRITERIA FOR TRANSFERRED HOUSING PROGRAMS AND PROJECTS (SECTION 86)

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 low-income households.

2. The service manager shall ensure that as many units as possible in each housing project are rent-geared-to-income units.
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.

2.

Rent Supplement (Programs described in paragraphs 3 and 4 of Schedule 1)

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

2. 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.

3.

Limited Dividend (Program described in paragraph 5 of Schedule 1)

1. The service manager shall provide units to households.

2. The annual income of a household, at the time of its selection to reside in a unit, shall not exceed the limit set by the service manager.
3. The rent for a unit shall be less than the fair market rent for similar accommodation in the same vicinity.

4.

Non-Profit Low Rental (Program described in paragraph 6 of Schedule 1)

1. The service manager shall provide units to households.

2. Only units in non-profit housing projects may be provided.
3. The annual income of a household, at the time of its selection to reside in a unit, shall not exceed the limit set by the service manager.
4. The rent for a unit shall be less than the fair market rent for similar accommodation in the same vicinity.

5.

Non-Profit 2% Write-Down (Program described in paragraph 7 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 may be provided.
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 to be paid for a rent-geared-to-income unit shall not be less than the rent that would have been determined under Part V of the Act.
5. The rent for a market unit shall be established annually by the service manager at not more than 95% of 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 may be provided.
3. At least 25% of the units in each housing project shall be rent-geared-to-income units.

7.

Urban Native Fully Targeted (Program described in paragraph 11 of Schedule 1)

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

2. Only units in aboriginal non-profit housing projects to which this program applies may be provided.
3. The annual income of a household, at the time of its selection to reside in a unit, shall not exceed the applicable household income limit.
4. The service manager shall ensure that as many units as possible in each housing project are rent-geared-to-income units.

8.

Urban Native 2% Write-Down (Program described in paragraph 12 of Schedule 1)

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

2. Only units in non-profit housing projects to which this program applies may be provided.
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 to be paid for a rent-geared-to-income unit shall not be less than the rent that would have been determined under Part V of the Act.
5. The rent for a market unit shall be established annually by the service manager at not more than 95% of the fair market rent for similar accommodation in the same vicinity.


Commencement

8. This Regulation comes into force on the later of July 1, 2014 and the day it is filed.

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