Municipal Statute Law Amendment Act, 2006, S. O. 2006, c. 32 Bill 130
Powers re Ontario Mortgage and Housing Initiative
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Powers re Ontario Mortgage and Housing Initiative (3) The Corporation may do anything it considers necessary to fulfil the purpose described in subsection (2), including, (a) developing and managing a roster of approved lenders who may provide mortgage financing for the purposes of developing affordable housing, and making the roster available to persons interested in developing affordable housing; (b) providing other information about affordable housing to approved lenders or potential approved lenders and to persons interested in developing affordable housing; and (c) entering into agreements in relation to the Ontario Mortgage and Housing Initiative.
(4) In this section, “affordable housing” means, (a) affordable housing within the meaning of the Affordable Housing Program Agreement, and (b) any other prescribed housing or prescribed type of housing.
(2) The Corporation shall manage, administer and deliver such housing programs or parts of housing programs as may be prescribed. Same (3) For the purposes of subsections (1) and (2), the Corporation may, (a) enter into an agreement with any person; and (b) make any loan, grant, guarantee or advance related to the program, and take security for the loan, guarantee or advance. Definition 6.3 (1) In sections 6.1, 6.2 and this section, “Affordable Housing Program Agreement” means the agreement signed April 29, 2005 and effective April 1, 2003 between the Canada Mortgage and Housing Corporation and Her Majesty the Queen in right of the Province of Ontario as represented by the Minister of Public Infrastructure Renewal. Agreement to be publicly available (2) The Minister shall ensure that a copy of the Affordable Housing Program Agreement is publicly available on the website of the Ministry of Municipal Affairs and Housing. (10) Subsection 9 (1) of the Act is amended by striking out “Province of Ontario” and substituting “Crown in right of Ontario”. (11) Subsection 9 (3) of the Act is amended by striking out “Province of Ontario” and substituting “Crown in right of Ontario”. (12) Subsection 9 (4) of the Act is amended by striking out “Province of Ontario” and substituting “Crown in right of Ontario”. (13) The Act is amended by adding the following sections: Protection from personal liability 10.1 (1) No proceeding shall be commenced against any director, officer, employee, servant or agent of the Corporation or of a subsidiary of the Corporation created under subsection 6 (3) for any act done in good faith in the performance or intended performance of his or her duty or for any alleged neglect or default in the performance in good faith of that duty. Corporation’s liability (2) Subsection (1) does not relieve the Corporation or a subsidiary of the Corporation created under subsection 6 (3) of any liability to which it would otherwise be subject in respect of a cause of action arising from any act, neglect or default referred to in subsection (1). Agent of the Crown, restriction 10.2 (1) The Corporation may declare in writing in a contract, security or instrument that it is not acting as an agent of the Crown in right of Ontario for the purpose of the contract, security or instrument. Effect (2) If the Corporation makes a declaration under subsection (1), it is deemed not to be an agent of the Crown in right of Ontario for the purpose of the contract, security or instrument and, (a) the Crown is not liable for any liabilities or obligations incurred by the Corporation under the contract, security or instrument; and (b) no proceeding shall be commenced against the Crown in respect of any act or omission of the Corporation or of any of its officers, directors, employees, servants or agents relating to the contract, security or instrument. Same (3) Clause (2) (b) prohibits a proceeding against the Crown in respect of an act or omission of any officer, director, employee, servant or agent of the Corporation who is a Crown employee, despite clause 5 (1) (a) of the Proceedings Against the Crown Act. Exception (4) Clause (2) (b) does not apply to a proceeding to enforce against the Crown in right of Ontario its obligations under a contract, security or instrument to which it is a party. Conflict of interest and indemnification 10.3 Sections 132, 134 and 136 of the Business Corporations Act apply to the Corporation and to its directors and officers with necessary modifications. Assets and revenues 10.4 Despite Part I of the Financial Administration Act, the assets and revenues of the Corporation shall not form part of the Consolidated Revenue Fund. Non-application of Mortgage Brokers Act 10.5 The Mortgage Brokers Act does not apply to the Corporation. Non-application of Loan and Trust Corporations Act 10.6 The Loan and Trust Corporations Act does not apply to the Corporation except as specified by regulation. (14) Section 11 of the Act is amended by striking out “Province of Ontario” and substituting “Crown in right of Ontario”. (15) The Act is amended by adding the following section:
(a) prescribing housing or types of housing for the purposes of clause (b) of the definition of “affordable housing” in subsection 6.1 (4); (b) prescribing housing programs or parts of housing programs for the purposes of subsection 6.2 (2); (c) prescribing provisions of the Loan and Trust Corporations Act that apply to the Corporation under section 10.6. 2. (1) This section applies only if Bill 14 (Access to Justice Act, 2006), introduced on October 27, 2005, receives Royal Assent. (2) References in this section to a provision of Bill 14 are references to that provision as it was numbered in the first reading version of the Bill and, if Bill 14 is renumbered, the references in this section are deemed to be references to the equivalent renumbered provision of Bill 14. (3) On the later of the day this section comes into force and the day section 130 of Schedule F to Bill 14 comes into force, subsection 5.2 (3) of the Ontario Mortgage and Housing Corporation Act is amended by striking out “the Regulations Act” and substituting “Part III (Regulations) of the Legislation Act, 2006”.
3. Clause 36 (2) (a) of the Conveyancing and Law of Property Act is amended by striking out “Ontario Housing Corporation” and substituting “Ontario Mortgage and Housing Corporation”. Ministry of Municipal Affairs and Housing Act 4. (1) Subsection 8 (2) of the Ministry of Municipal Affairs and Housing Act is amended by striking out “Ontario Housing Corporation Act” and substituting “Ontario Mortgage and Housing Corporation Act” and by striking out “Ontario Housing Corporation” and substituting “Ontario Mortgage and Housing Corporation”. (2) Subsection 8 (3) of the Act is amended by striking out “Ontario Housing Corporation” and substituting “Ontario Mortgage and Housing Corporation” and by striking out “Ontario Housing Corporation Act” and substituting “Ontario Mortgage and Housing Corporation Act”.
5. (1) The definition of “Ontario Housing Corporation” in section 2 of the Social Housing Reform Act, 2000 is repealed and the following substituted: “Ontario Mortgage and Housing Corporation” means the Ontario Mortgage and Housing Corporation continued under the Ontario Mortgage and Housing Corporation Act; (“Société ontarienne d’hypothèques et de logement”) (2) The following provisions of the Act are amended by striking out “Ontario Housing Corporation” wherever it appears and substituting in each case “Ontario Mortgage and Housing Corporation”: 1. Definition of “operating agreement” in section 2. 2. Subsection 10 (1). 3. Subsection 18 (1). 4. Clause 18 (2) (a). 5. Subsection 31 (1). 6. Clause 34 (1) (a). 7. Clause 38 (3) (c). 8. Subsections 41 (2) and (3). 9. Subsection 48 (2). 10. Section 51. 11. Definition of “provincial document” in subsection 55 (1). 12. Subsection 55 (2). 13. Subsection 55 (9). 14. Section 56 in the portion before clause (a). 15. Subsection 103 (3). 16. Paragraph 5 of subsection 105 (1). 17. Definition of “C” in subsection 106 (2). 18. Paragraph 3 of subsection 108 (1). 19. Clauses 134 (6) (a) and (b). 20. Subsection 165 (1). Tenant Protection Act, 1997 6. (1) Paragraph 1 of subsection 5 (1) of the Tenant Protection Act, 1997 is amended by striking out “Ontario Housing Corporation” and substituting “Ontario Mortgage and Housing Corporation”. (2) Subsection 5 (4) of the Act is amended by striking out “Ontario Housing Corporation” and substituting “Ontario Mortgage and Housing Corporation”. 7. (1) This section applies only if Bill 109 (Residential Tenancies Act, 2006), introduced on May 3, 2006, receives Royal Assent. (2) References in this section to provisions of Bill 109 are references to those provisions as they were numbered in the first reading version of the Bill and, if Bill 109 is renumbered, the references in this section are deemed to be references to the equivalent renumbered provisions of Bill 109. (3) Section 6 of this Schedule does not apply if section 259 of Bill 109 comes into force before the day this Schedule comes into force. (4) On the later of the day this section comes into force and the day subsection 7 (1) of Bill 109 comes into force, paragraph 1 of subsection 7 (1) of Bill 109 is amended by striking out “Ontario Housing Corporation” and substituting “Ontario Mortgage and Housing Corporation”. (5) On the later of the day this section comes into force and the day subsection 7 (4) of Bill 109 comes into force, subsection 7 (4) of Bill 109 is amended by striking out “Ontario Housing Corporation” and substituting “Ontario Mortgage and Housing Corporation”. Commencement 8. This Schedule comes into force on the day the Municipal Statute Law Amendment Act, 2006 receives Royal Assent.
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