Subject: Amendments to the Social Housing Reform Act, 2000 under the Good Government Act
Legislation/Regulation Release 06-04
Operational
The Good Government Act (GGA) is an act to promote good government by amending or repealing certain provincial statutes. The GGA came into force on June 22, 2006, the day it received Royal Assent. Generally, the changes include corrections to typographical or section references, modernizing terminology to replace out of date terms, amending statutes to clarify the law, to meet original intent, etc.
The amendments and repeals are set out in separate schedules for the various acts affected. Schedule O includes amendments to acts that are administered by or affect the Ministry of Municipal Affairs and Housing. The Social Housing Reform Act, 2000 (SHRA), including all amendments brought in by the Good Government Act (GGA) are available online at www.e-laws.gov.on.ca. Schedule O of the GGA and the actual changes to the SHRA wording are available at the following link: http://www.ontla.on.ca/documents/Bills/38_Parliament/session2/b190ra_e.htm. For your convenience, we have also outlined the actual SHRA amendments in the attached appendix.
Following is a summary of the amendments to the SHRA:
PART V, ELIGIBILITY FOR ASSISTANCE, INTERPRETATION
Section 64, Service manager, supportive housing provider or lead agency
PART IX – GENERAL
Subsection 172(2), Regulations respecting Part V
Amendments to paragraphs 1, 2 and 3 of section 64 and paragraph 1 of subsection 172(2) of the Social Housing Reform Act, 2000 (SHRA) allow regulations to be used to give a supportive housing provider, a lead agency or a service manager responsibility for eligibility and waiting lists for a specified type of special needs housing.
The amendments correct the current structure of the SHRA to allow regulations to prescribe different arrangements for access to different types of special needs housing if so prescribed in regulation (e.g., waiting lists for units modified to be accessible to a person with physical disabilities may be managed differently than waiting lists for units with provincially funded services, if permitted by the regulations.)
PART VI, OPERATING FRAMEWORK, SUBSIDY PAYABLE TO HOUSING PROVIDERS
Subsections 103 (3) and (4), General Subsidy
Amendments to subsections 103 (3) and (4) clarify that the amounts determined under these provisions (mortgage subsidy and affordable mortgage payment) may be a positive or negative amount for the purposes of determining the amount of a subsidy payable to a housing provider.
The amendments address an issue identified by a number of municipal service managers regarding the calculation of mortgage subsidy resulting in some housing providers receiving subsidy in excess of their funding requirements.
PART VI, OPERATING FRAMEWORK, ENFORCEMENT
Section 117, Notice of exercise of remedy
Clause 117 (3) (a) of the SHRA is repealed eliminating some exceptions to the requirement that a service manager obtain the Minister’s consent before exercising a remedy against a non-profit housing provider.
Exceptions to obtaining the Minister’s consent were intended for situations where urgency made consent impractical or where law enforcement was involved. This correction to reduce the list of exceptions better reflects the original intent.
Subsection 117(5) is added to the SHRA to require that a service manager give written notice to the Minister containing such information as may be prescribed, if it exercises any remedy under the SHRA against a non-profit housing provider in circumstances where the Minister’s prior consent is not required.
This amendment better meets the original intent and further improves consistency of reporting requirements.
PART II, SERVICE MANAGERS, PERFORMANCE OF DUTIES
Subsection 17 (1), Geographic jurisdiction when agreement made
The amendment to the English version of subsection 17 (1) of the SHRA corrects an erroneous section reference: subparagraph 4 ii of subsection 21 (3) is struck and substituted with subparagraph 4 ii of subsection 22 (3).
PART II, SERVICE MANAGERS, ADMINISTRATION
Subsection 20 (1), Reports
Subsection 20 (1) of the SHRA is amended by striking out “in that year” at the end of the provision in order to remove the requirement that a service manager’s annual report be submitted within the same year as that addressed by the report.
In the absence of the amendment, municipal service managers could not realistically meet the reporting deadline.
PART VI, OPERATING FRAMEWORK, DUTIES OF HOUSING PROVIDERS
Subsection 96 (3), Registration requirement, real property
The amendment to subsection 96 (3) corrects an erroneous section reference: “section 88” is struck and replaced with “section 91”.
PART IX – GENERAL, ADMINISTRATIVE MATTERS
Section 158, Fraud control unit
The English version of subsection 158 (2) of the SHRA is amended by striking out “geographic area” and substituting “service area”. The amendment replaces an expression with a term that is defined in the SHRA in order to improve consistency and clarity.
The Ministry will be reviewing regulation changes that may be needed in order to implement these statute amendments, in particular, as they relate to amendments to sections 64, 117, and 172.
For further information please contact Roy Sanger at 416-585-6405 or email to roy.sanger@ontario.ca, or to Mary Fantauzzi at 416-585-6838 or email to mary.fantauzzi@ontario.ca.
Heather Driver, Manager
Social Housing Reform Act Policy Unit
Housing Division, Ministry of Municipal Affairs and Housing