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Regulatory Amendments under the Housing Services Act, 2011, the Municipal Act, 2001 and the City of Toronto Act, 2006 and Amendments to the Housing Policy Statement

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Ontario SHNotifications       

Subject – Regulatory Amendments under the Housing Services Act, 2011, the Municipal Act, 2001 and the City of Toronto Act, 2006 and Amendments to the Housing Policy Statement

SHB - unchecked box Legislation/Regulation Release 16-01
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The purpose of this notification is to inform Service Managers of recent regulatory amendments under the Housing Services Act, 2011 (HSA), the Municipal Act, 2001 (MA), and the City of Toronto Act, 2006 (COTA) and amendments to the Housing Policy Statement under the HSA.

On March 14, 2016, the Province released the update to the Long-Term Affordable Housing Strategy (LTAHS Update). 

The strategy update supports the vision that every person has an affordable, suitable and adequate home to provide the foundation to secure employment, raise a family and build strong communities, and continues the long-term transformation of Ontario’s housing and homelessness system that began in 2010 with the release of Building Foundations: Building Futures – Long-Term Affordable Housing Strategy. 

As committed to in the LTAHS Update, the government is introducing a suite of regulatory amendments to support its implementation. 

Amendments (highlighted below) will take effect on July 1, 2016, except for certain amendments to Ontario Regulation 367/11 which will take effect on January 1, 2017. 

HSA AMENDMENTS

Ontario Regulation 298/01: Determination of Geared-to-Income Rent under Section 50 of the HSA 

  • Section 50 (3) is amended to provide that all scholarships and bursaries be exempt from rent-geared-to-income (RGI) calculations for students attending post-secondary institutions.
  • Section 50(9.1) is amended to provide that the imputed income from non-interest bearing bank accounts be calculated based only on an average monthly balance exceeding $5,000. 

Ontario Regulation 367/11: General 

  • Schedule 5, item 1 is amended to reflect that Service Managers can provide market units in addition to rent-geared-to-income (RGI) units in public housing.
  • Section 92 and 93, and Schedule 5, item 6 is amended to reflect that Program 6 social housing projects can be owned by Service Managers or corporations wholly-owned by Service Managers.
  • Section 138 is amended, and a new s. 138.1 is added to:
    • Prescribe Service Manager decisions for which reviews may be requested by housing providers under Section 157 of the Act.
    • Set rules for undertaking reviews requested by housing providers for prescribed Service Manager decisions.
  • Sections 126 and 127 are revoked as equalization payments for the Greater Toronto Area have been phased out. 
  • References to the Day Nurseries Act are replaced with the Child Care and Early Years Act, 2014.

Ontario Regulation 368/11: Designated Housing Projects – Section 68 of the Act

  • Projects that are no longer part of the social housing portfolio are removed from Ontario Regulation 368/11. 

Ontario Housing Policy Statement

  • The Ontario Housing Policy Statement has been amended to:
    • Reflect a new title: “Policy Statement: Service Manager Housing and Homelessness Plans”.
    • Reflect the overall vision and goals of the LTAHS Update, including the goal to end chronic homelessness.
    • Reflect the current housing and homelessness policy context, including the new requirement for local homelessness enumeration.
    • Provide direction to encourage collaboration between Service Managers and Local Health Integration Networks.
    • Include a new section on Indigenous peoples that outlines new policy direction for Service Managers to work with Indigenous organizations and housing providers.
  •  Service Managers’ housing and homelessness plans will be required to be consistent with the new policy statement by January 1, 2019.

A link to each amended regulation is available through the following hyperlink:

Ontario Regulation 298/01 
Ontario Regulation 367/11 
Ontario Regulation 368/11 

The “Policy Statement: Service Manager Housing and Homelessness Plans” will be available on the Ontario Gazette and the ministry’s website in the coming weeks.

MA and COTA AMENDMENTS

NOTE: The MA sets out many of the roles, responsibilities and powers for Ontario’s municipalities. COTA sets out a similar framework specifically for the City of Toronto. 

Ontario Regulation 599/06: Municipal Services Corporation (MA)/Ontario Regulation 609/06: City Services Corporation (COTA)

  • Section 15 of Ontario Regulation 599/06 and Section 15 of Ontario Regulation 609/06 is amended so that municipalities can financially assist Municipal/City Services Corporations to facilitate the provision by the corporation of affordable housing.

Ontario Regulation 603/06: Municipal and School Capital Facilities – Agreements and Tax Exemptions/Ontario Regulation 598/06: Municipal and School Capital Facilities – Agreements and Tax Exemptions

  • Section 7 of Ontario Regulation 603/06 is amended so that all municipalities are able to financially assist housing providers that have entered into a Municipal Housing Capital Facilities Agreement. Housekeeping amendments are also made to Ontario Regulation 598/06.

A link to each amended regulation under MA and COTA is available through the following hyperlink:

MA

Ontario Regulation 599/06 
Ontario Regulation 609/06 

COTA

Ontario Regulation 603/06
Ontario Regulation 598/06 

These amendments support the government’s LTAHS Update which includes the recently announced legislation: Promoting Affordable Housing Act, 2016.  More information on the Strategy Update and this legislation is available on the ministry’s website at Ontario.ca/housingstrategy

Any questions regarding these amendments can be directed to Rhona Duncan, Manager, Housing and Homelessness Policy Unit. Rhona Duncan can be reached by telephone at (416) 585-7228, or by e-mail at: Rhona.Duncan@ontario.ca

Carol Latimer 
Director
Housing Policy Branch