Housing Services Act, 2011, S.O. 2011, c. 6, Sched. 1

• Jurisdiction: Ontario

Housing Services Act, 2011

S.O. 2011, CHAPTER 6
Schedule 1

Consolidation Period: From January 1, 2023 to the e-Laws currency date.

Last amendment: See Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006.

CONTENTS

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. 2011, c. 6, Sched. 1, s. 1.

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 subject to subsection 68 (6); (“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“former Act” means the Social Housing Reform Act, 2000 repealed by section 184; (“ancienne loi”)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 housing project; (“fournisseur de logements”)

“local housing corporation” means a local housing corporation as defined in section 24; (“société locale de logement”)

“Minister” means the Minister of Municipal Affairs and Housing or such other member of the Executive Council as may be assigned the administration of this Act under the Executive Council Act; (“ministre”)

“municipal service manager” means a service manager that is a municipality; (“municipalité gestionnaire de services”)

“personal information” has the same meaning as in the Freedom of Information and Protection of Privacy Act; (“renseignements personnels”)

“pre-reform operating agreement” means an agreement, a memorandum of understanding, a letter of commitment or any combination of them, whether oral, written or in part oral and in part written, entered into before December 13, 2000 between a housing provider and one or more of the Crown in right of Ontario, the Crown in right of Canada, the Minister, the ministry of the Minister, a minister or ministry of the Crown in right of Canada, the Ontario Mortgage and Housing Corporation, Canada Mortgage and Housing Corporation, a local housing authority, an agent of the Crown in right of Ontario and an agent of the Crown in right of Canada under which funding is provided to the housing provider with respect to a housing project under a housing program, and “pre-reform operating agreement” includes any amendments made on or after December 13, 2000; (“accord d’exploitation antérieur à la réforme”)

“prescribed” means prescribed by the regulations; (“prescrit”)

“regulations” means regulations made under this Act; (“règlements”)

“service area”, in relation to a service manager, means the geographic area specified as the service area of that service manager under subsection 11 (2); (“aire de service”)

“service manager” means a service manager designated under subsection 11 (1); (“gestionnaire de services”)

“transferred housing program”, in relation to a service manager, means a housing program for which responsibility was transferred to the service manager under section 10 of the former Act and that is prescribed for the purposes of this definition; (“programme de logement transféré”)

“unit” means a unit intended for use as residential accommodation in a housing project. (“logement”) 2011, c. 6, Sched. 1, s. 2; 2020, c. 16, Sched. 2, s. 1; 2020, c. 16, Sched. 3, s. 10 (1).

Section Amendments with date in force (d/m/y)

2020, c. 16, Sched. 2, s. 1 - 01/07/2022; 2020, c. 16, Sched. 3, s. 10 (1) - 31/03/2021

Interpretation – housing project subject to a program

3 A housing project is subject to a transferred housing program for the purposes of this Act only if the project is designated in the regulations for the purposes of subsection 68 (1) and has not ceased to be a designated housing project in accordance with section 68.1 or 101.3. 2011, c. 6, Sched. 1, s. 3; 2020, c. 16, Sched. 2, s. 2.

Section Amendments with date in force (d/m/y)

2020, c. 16, Sched. 2, s. 2 - 01/07/2022

Part II
Provincial policies and local plans

Provincial Interest

Provincial interest

4 (1) For the purposes of sections 5 and 6, it is a matter of provincial interest that there be a system of housing and homelessness services that,

(a) is focussed on achieving positive outcomes for individuals and families;

(b) addresses the housing needs of individuals and families in order to help address other challenges they face;

(c) has a role for non-profit corporations and non-profit housing co-operatives;

(d) has a role for the private market in meeting housing needs;

(e) provides for partnerships among governments and others in the community;

(f) treats individuals and families with respect and dignity;

(g) is co-ordinated with other community services;

(h) is relevant to local circumstances;

(i) allows for a range of housing options to meet a broad range of needs;

(j) ensures appropriate accountability for public funding;

(k) supports economic prosperity; and

(l) is delivered in a manner that promotes environmental sustainability and energy conservation. 2011, c. 6, Sched. 1, s. 4 (1).

Same

(2) It is also a matter of provincial interest, for the purposes of sections 5 and 6, that a service manager’s housing and homelessness plan be consistent with other plans prescribed for the purposes of this subsection. 2011, c. 6, Sched. 1, s. 4 (2).

Additional matters declared by Minister

(3) The Minister may, with the approval of the Lieutenant Governor in Council, declare additional matters to be matters of provincial interest for the purposes of sections 5 and 6. 2011, c. 6, Sched. 1, s. 4 (3).

Declaration may be included in policy statement

(4) A declaration under subsection (3) may be incorporated into a policy statement under section 5. 2011, c. 6, Sched. 1, s. 4 (4).

Publication and notice if not in policy statement

(5) If a declaration under subsection (3) is not incorporated into a policy statement under section 5, subsections 5 (3) and (4) apply to the declaration with necessary modifications. 2011, c. 6, Sched. 1, s. 4 (5).

Minister’s Policy Statements

Policy statements to guide plans

5 (1) For the purpose of guiding service managers in the preparation of their housing and homelessness plans, the Minister may, with the approval of the Lieutenant Governor in Council, issue policy statements on matters relating to housing or homelessness that are of provincial interest under section 4. 2011, c. 6, Sched. 1, s. 5 (1).

Joint issue

(2) The Minister may issue a policy statement alone or together with any other minister. 2011, c. 6, Sched. 1, s. 5 (2).

Publication and notice

(3) If a policy statement is issued, the Minister shall,

(a) publish it in The Ontario Gazette; and

(b) give such notice of it, as the Minister considers appropriate, to each service manager. 2011, c. 6, Sched. 1, s. 5 (3).

Legislation Act, 2006

(4) For greater certainty, Part III (Regulations) of the Legislation Act, 2006 does not apply to a policy statement. 2011, c. 6, Sched. 1, s. 5 (4).

Review

(5) The Minister shall, at least once every 10 years, undertake a review of the policy statement. 2011, c. 6, Sched. 1, s. 5 (5).

Consultation

(6) In the course of the review of a policy statement, the Minister shall consult with any persons the Minister considers appropriate. 2011, c. 6, Sched. 1, s. 5 (6).

Housing and Homelessness Plans

Housing and homelessness plans

6 (1) Each service manager shall have a plan to address housing and homelessness. 2011, c. 6, Sched. 1, s. 6 (1).

What plan must include

(2) The plan must include,

(a) an assessment of current and future housing needs within the service manager’s service area;

(b) objectives and targets relating to housing needs;

(c) a description of the measures proposed to meet the objectives and targets;

(d) a description of how progress towards meeting the objectives and targets will be measured; and

(e) such other matters as may be prescribed. 2011, c. 6, Sched. 1, s. 6 (2).

Requirements relating to provincial interest, policy statements

(3) The plan must,

(a) address the matters of provincial interest under section 4, including each aspect described in a clause of subsection 4 (1); and

(b) be consistent with the policy statements issued under section 5. 2011, c. 6, Sched. 1, s. 6 (3).

Prescribed requirements

(4) The plan must comply with the prescribed requirements. 2011, c. 6, Sched. 1, s. 6 (4).

Period of plan

(5) The period covered by the plan must extend for at least the minimum period described in subsection (6) after the plan was approved or, if the plan is reviewed under subsection 10 (1), after the review was completed. 2011, c. 6, Sched. 1, s. 6 (5).

Minimum period

(6) The minimum period referred to in subsection (5) is 10 years or such other period as may be prescribed. 2011, c. 6, Sched. 1, s. 6 (6).

Time for initial plan

(7) A service manager shall approve its initial plan on or before the prescribed date. 2011, c. 6, Sched. 1, s. 6 (7).

Consultation with...