Social Housing Reform Act, 2000
ONTARIO REGULATION 642/00
determination, allocation, apportionment and billing of housing costs
Historical version for the period November 4, 2005 to March 26, 2009.
Last amendment: O.Reg. 560/05.
This is the English version of a bilingual regulation
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CONTENTS
SectionsProvincial Housing Costs / 1-5
Apportionment of Municipal Service Manager’s Housing Costs other than GTA Service Manager’s Housing Costs / 6-17
Apportionment of dssab Service Manager’s Housing Costs / 18-24
Distribution of Federal Funding / 25
Reallocation of GTA Service Managers’ Housing Costs / 26-28
Schedule 1 / Housing programs (provincial housing costs)
Schedule 2 / Excluded costs (provincial housing costs) / 1-6
Schedule 3 / Housing programs (federal funds)
Schedule 4 / 2001 weighted assessment ratios
Schedule 5 / GTA-wide weighted transition ratios
Provincial Housing Costs
1.(1)In sections 2 to 4 and in Schedule 2,
“billing period” means the billing period referred to in subsection (2). O.Reg. 642/00, s.1(1).
(2)For the purposes of subsection 122 (3) and 123 (1) of the Act, a billing period is one calendar month. O.Reg. 642/00, s.1(2).
2.(1)The housing programs listed in Schedule 1 are prescribed for the purposes of subsection 122 (1) of the Act. O.Reg. 642/00, s.2(1).
(2)The costs set out in Schedule 2 are prescribed as costs that are excluded for the purposes of subsection 122 (1) of the Act. O.Reg. 642/00, s.2(2).
(3)For the purposes of subsection 122 (3) of the Act, the amount of the provincial housing costs for a billing period is to be determined in accordance with the following rules:
1. Provincial housing costs to administer and pay expenses relating to the rent supplement programs described opposite program category numbers 2 (a) and 2 (b) in Schedule 1 shall be deemed to have been incurred in the billing period preceding the month in which they are paid by the Minister.
2. Despite paragraph 1, provincial housing costs mentioned in paragraph 1 that are paid by the Minister in January of a year shall be deemed to be incurred in the January billing period of that year.
3. Provincial housing costs to administer and pay expenses relating to the public housing programs described opposite program category numbers 1 (a) and 1 (b) in Schedule 1 shall be deemed,
i. to be incurred in the billing period in which they are paid by the Minister, if they are paid after the 10th day of the billing period, and
ii. to have been incurred in the billing period preceding the one in which they are paid by the Minister, if they are paid before the 11th day of the billing period.
4. Provincial housing costs to administer and pay expenses relating to the housing programs listed in Schedule 1, other than the rent supplement programs described opposite program category numbers 2 (a) and 2 (b) in Schedule 1 and the public housing programs described opposite program category numbers 1 (a) and 1 (b) in Schedule 1, shall be deemed to have been incurred in the billing period preceding the month in which a payment is first made by the Minister with respect to those costs.
5. Despite paragraph 4, provincial housing costs mentioned in paragraph 4 that are paid by the Minister under the Ontario Community Housing Assistance Program in January of a year shall be deemed to be incurred in the January billing period of that year.
6. Despite paragraphs 1 to 5, provincial housing costs paid by the Minister in the month in which Part VII of the Act comes into force shall be deemed to be incurred in that month.
7. Despite paragraphs 4 and 6, costs that are paid or become due in January, 2001 and that form part of the cost of administering and paying expenses relating to the housing programs described opposite program category number 6 (b) in Schedule 1 shall be deemed to have been incurred in February, 2001. O.Reg. 642/00, s.2(3); O.Reg. 8/01, s.1.
3.(1)For the purposes of subsection 123 (1) of the Act, the amount to be recovered by the Crown in right of Ontario under the Act in respect of the provincial housing costs for a billing period shall be determined in accordance with the following rule:
1. The amount to be recovered for a billing period is the sum of,
i. the provincial housing costs determined under subsection 122 (1) of the Act for the billing period, and
ii. any provincial housing costs that were incurred prior to the billing period, whether in the current year or in a previous year, but have not been allocated under subsection 123 (2) of the Act. O.Reg. 642/00, s.3(1).
(2)Despite subsection (1), subparagraph 1 ii of paragraph 1 of subsection (1) does not apply to provincial housing costs incurred prior to the day on which Part VII of the Act comes into force. O.Reg. 642/00, s.3(2).
4.For the purposes of subsection 123 (2) of the Act, the amount determined under subsection 123 (1) of the Act shall be allocated among the service managers in accordance with the following rules:
1. The portion of the amount that represents the costs incurred or to be incurred by the Minister in the billing period in respect of housing projects under housing programs listed in Schedule 1 within the service area of each service manager shall be allocated to that service manager.
2. For the purposes of paragraph 1, the amount set out in the Table 1 of Schedule 2 opposite the name of a service manager shall be deemed to be included in the costs incurred or to be incurred by the Minister in the billing period in respect of housing projects under housing programs listed in Schedule 1 within the service area of the service manager. O.Reg. 642/00, s.4; O.Reg. 366/01, s.1.
5.The interest that the Crown in right of Ontario may charge a service manager under section 125 of the Act shall be determined in accordance with Order in Council 1890/93 made under subsection 10(4) of the Financial Administration Act. O.Reg. 642/00, s.5.
Apportionment of Municipal Service Manager’s Housing Costs other than GTA Service Manager’s Housing Costs
6.The costs of a dssab service manager in funding and administering the housing programs listed in Schedule 1 that are incurred with respect to a municipality that is deemed to be territory without municipal organization under subsection 130 (7) of the Act are prescribed as amounts that are not included for the purposes of subsection 127 (2) of the Act. O.Reg. 642/00, s.6.
7.In sections 8 and 9 and 11 to 14,
“party” means a municipal service manager or an independent municipality in its service area; (“partie”)
“parties” means a municipal service manager and the independent municipalities in its service area. (“parties”) O.Reg. 642/00, s.7.
8.If an agreement under section 9 or an arbitrator’s final award under section 12, 13 or 14 is in effect, the amount of the municipal service manager’s housing costs shall be apportioned among the parties in accordance with the agreement or award. O.Reg. 642/00, s.8.
9.(1)For the purposes of a municipal service manager apportioning the amount of its housing costs under subsection 129 (1) of the Act, a municipal service manager and the independent municipalities in its service area may enter into an agreement for the apportionment of the amount of the municipal service manager’s housing costs among the municipal service manager and the independent municipalities,
(a) in accordance with the percentages set out in the agreement; or
(b) so that each party is responsible for the portion of the amount of the municipal service manager’s housing costs incurred or to be incurred with respect to housing in the area over which the party has municipal jurisdiction. O.Reg. 642/00, s.9(1).
(2)An agreement under subsection (1) becomes effective,
(a) if a date is specified in the agreement,
(i) on the specified date, if it is the first day of a month, or
(ii) on the first day of the month after the specified date, if that date is not the first day of a month; or
(b) if no date is specified in the agreement, on the first day of the month after the day it is made. O.Reg. 642/00, s.9(2).
(3)An agreement under subsection (1) may be effective with respect to a period before it is made and, in that case, shall provide for a monetary reconciliation among the parties, but this subsection does not authorize an agreement to be effective with respect to a period that begins before the day on which Part VII of the Act comes into force. O.Reg. 642/00, s.9(3).
10.For the purposes of a municipal service manager apportioning the amount of its housing costs under subsection 129 (1) of the Act, a municipal service manager and the independent municipalities in its service area may determine the apportionment of the amount of the municipal service manager’s housing costs among the municipal service manager and the independent municipalities by arbitration under section 12, 13 or 14. O.Reg. 642/00, s.10.
11.An arbitration under section 12 or 13 is governed by the Arbitration Act, 1991, subject to section 12 or 13 respectively and to the following rules:
1. The parties may jointly appoint a single arbitrator on or after the day the arbitration is commenced.
2. If the parties are entitled to appoint an arbitrator jointly but have not done so, the Superior Court of Justice may make the appointment on a party’s application under section 10 of the Arbitration Act, 1991.
3. The arbitrator shall make a final award that disposes of the issue within three months after being appointed.
4. The date by which the arbitrator is required to make a final award shall not be extended by a court, despite section 39 of the Arbitration Act, 1991. However, that date may be extended by agreement of the parties.
5. The final award shall apportion the amount of the municipal service manager’s housing costs among the parties,
i. in accordance with the percentages set out in the final award, or
ii. so that each party is responsible for the portion of the amount of the municipal service manager’s housing costs incurred or to be incurred with respect to housing in the area over which the party has municipal jurisdiction.
6. The arbitration shall not deal with provincial social housing costs under the Social Housing Funding Act, 1997 that are recoverable from an entity that is the municipal service manager party to the arbitration and that were incurred before the day on which Part VII of the Act comes into force.
7. The final award may be effective with respect to a period before it is made and, in that case, shall provide for a monetary reconciliation among the parties, but this paragraph does not authorize the final award to be effective with respect to a period that begins before the day on which Part VII of the Act comes into force.
8. A party may appeal the final award to the Superior Court of Justice only on a question of law, with leave, which the court shall grant only if it is satisfied that the conditions in clauses 45(1) (a) and (b) of the Arbitration Act, 1991 are met. No appeal lies on a question of fact or of mixed law and fact, despite any agreement by the parties.
9. At any time during the arbitration, the parties may enter into an agreement under section 9 that includes an agreement apportioning the costs of the arbitration among the parties, in which case the arbitration terminates.
10. The parties may, at any time, amend the final award by agreement or replace the award with an agreement under section 9. O.Reg. 642/00, s.11.
12.(1)If a final award has been in effect for at least two years, a party may, by serving a notice on the other parties, commence a new arbitration to determine the apportionment of the amount of the municipal service manager’s housing costs among the municipal service manager and the independent municipalities. O.Reg. 642/00, s.12(1).
(2)In addition to the rules set out in section 11, the following rule applies to an arbitration under subsection (1):
1. The final award shall come into effect and supersede the previous award or be deemed to have come into effect and superseded the previous award on the later of,
i. the day that is three years after the effective date of the previous award, and
ii. the day the notice is served if it is served on the first day of a month and otherwise the first day of the month after the day the notice is served. O.Reg. 642/00, s.12(2).
13.(1)A party to an agreement under section 9 may commence an arbitration to determine the apportionment of the amount of the municipal service manager’s housing costs among the municipal service manager and the independent municipalities by serving a notice on the other parties,
(a) if a notice of termination of the agreement is served, on or after the day it is served; or
(b) if a notice of termination of the agreement has not been served, at any time during the 12 months preceding the date of expiry of the agreement. O.Reg. 642/00, s.13(1).
(2)If an agreement under section 9 expires or is terminated in accordance with the agreement and the parties have not entered into a new agreement, they shall be deemed to have commenced an arbitration to determine the apportionment of the amount of the municipal service manager’s housing costs among the municipal service manager and the independent municipalities on the date of expiry or termination of the agreement. O.Reg. 642/00, s.13(2).
(3)In addition to the rules set out in section 11, the following rules apply to an arbitration under this section:
1. Subject to paragraph 2, the final award shall come into effect or be deemed to have come into effect on the day after the date of expiry or termination of the agreement, and supersedes the agreement as of that date.