WHEREAS pursuant to section 110 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, (the "Act") the council of a municipality may enter into agreements for the provision of municipal capital facilities by any person, including another municipality;

AND WHEREAS Ontario Regulation 46/94, as amended, sets out the classes of municipal capital facilities for which municipal councils may enter into agreements pursuant to section 110 of the Act;

AND WHEREAS Ontario Regulation 46/94, as amended, provides that municipal housing project facilities is a class of municipal capital facilities for the purpose of section 110 of the Act;

AND WHEREAS Ontario Regulation 46/94, as amended, provides that the council of a municipality may not enter into an agreement under section 110 of the Act, unless it first enacts a municipal housing facility by-law;

AND WHEREAS the Regional Municipality of Peel is a delivery agent under the Ontario Works Act, 1997, c.25, Sch. A, authorized as service manager to operate and manage housing under the Social Housing Reform Act, 2000, S.O. 2000, c.27;

AND WHEREAS section 6 of the Social Housing Reform Act, 2000, S.O. 2000, c.27 provides that the provision of residential accommodation by a municipal service manager is deemed to be a municipal purpose of that service manager, and a municipal service manager may exercise for the purposes of the Social Housing Reform Act, 2000, S.O. 2000, c.27 the powers that it has as a municipality;

AND WHEREAS Council is desirous of enacting a municipal housing facility by-law to permit Council to enter into agreements for the provision of municipal housing project facilities;

NOW THEREFORE the Council of the Regional Corporation enacts as follows:

1. Definitions:

1.1 "Act" means the Municipal Act, 2001, S.O. 2001, c.25, as amended

1.2 "affordable housing" means affordable housing as described in section 2 of this by-law;

1.3 "average CMHC rent" for municipal housing project facilities for any calendar year means the average unit rent by unit size in the Region as determined and amended from time-to-time by CMHC;

1.4 "CMHC" means the Canada Mortgage and Housing Corporation;

1.5 "Commissioner" means the Region's Commissioner of Housing and Property;

1.6 "Council" means the Council of The Regional Municipality of Peel;

1.7 "housing project" means a project or part of a project designed to provide or facilitate the provision of residential accommodation, with or without public space, recreational facilities and commercial space or building appropriate thereto;

1.8 "housing provider" means a corporation or individual legally entitled to own real property in the Region and with whom the Region has entered into or will enter into a municipal housing project facilities agreement under section 3;

1.9 "housing unit" includes a unit in a housing project owned or rented by an occupant"

1.10 "municipal housing project facilities" means the class of municipal capital facilities as provided for in the Regulation;

1.11 "municipal housing project facilities agreement" means a municipal housing project facilities agreement as authorized in accordance with section 3;

1.12 "Region" means The Regional Municipality of Peel;

1.13 "Regulation" means Ontario Regulation 46/94, as amended;

1.14 "rent supplement agreement" means an operating agreement under a rent supplement program established or administered by the Region;

1.15 "unit size" means the size of a unit within a municipal housing project facility or potential municipal housing project facility, measured by the number of bedrooms;

1.16 "waiting list" means the Peel Access to Housing centralized waiting list of the Region or successor waiting list.

2. For the purpose of this by-law, and all municipal housing project facilities agreements, the definition of affordable housing shall mean those housing units for which the average rent for each unit classified by unit size, inclusive of monthly charges for hydro, heat and water is less than or equal to the average CMHC rent for units within the Region for that unit size.

3.(1) Council may pass by-laws permitting the Region to enter into municipal housing project facilities agreements with housing providers, pursuant to subsection 110(1) of the Act, for the provision of municipal housing project facilities.

(2) Notwithstanding anything else in this by-law, prior to entering into a municipal housing project facility agreement, the following conditions must be met:

(a) the Region has determined that all the housing units to be provided as a part of the municipal housing project facility fall within the definition of affordable housing in section 2 of this by-law;

(b) Council has enacted a by-law authorizing the entering into the municipal housing project facility agreement for the provision of the municipal housing project facility;

(c) Public eligibility for the housing units to be provided as part of the municipal housing project facility will be determined in accordance with section 4 of this by-law; and

(d) the municipal housing project facility agreement to be entered into contains the provisions set out in section 5.

4.(1) Subject to subsection 4(2), housing units to be provided as part of a municipal housing project facility shall be made available to individuals and families on the waiting list as determined by the Region. If there are no suitable individuals or families on the waiting list as determined by the Region, housing units may be made available to individuals and families of the general public.

(2) Housing units subject to a municipal housing project facility agreement shall not be rented to the housing provider or shareholder or director of the housing provider, or any individual not at arm's length to the housing provider or shareholder or director of the housing provider unless the housing provider is a non-profit co-operative as defined in the Co-operative Corporations Act, R.S.O. 1990, c.35, as amended, or is a not-for-profit corporation.

5. Every agreement to be entered into by the Region under section 110 of the Act with a housing provider in connection with the provision of municipal housing project facilities shall contain at least the following provisions:

5.1 the term of the agreement;

5.2 the number of housing units being provided;

5.3 a definition of affordable housing as found in section 2;

5.4 a requirement that each unit in the municipal housing project facilities shall fall within the definition of affordable housing in section 2;

5.5 the initial rents to be charged per unit, the method by which the initial rents may be increased during the terms of the agreement and the limits on such increases;

5.6 that each housing unit shall be made available to tenants in accordance with section 4;

5.7 that the Region may register the agreement on title;

5.8 a list of the benefits accruing to the housing provider under the agreement, including the monetary value of such benefits;

5.9 a requirement that if the housing provider does not carry out its obligations under the agreement, the housing provider shall pay to the Region the entire monetary value of the benefits which accrued to it under the agreement, together with any costs incurred by the Region and interest;

5.10 that the housing provider shall be required to submit documentation to the satisfaction of the Commissioner; and

5.11 such other contractual provisions to the satisfaction of the Commissioner and the Regional Solicitor.

6. The municipal housing project facilities agreement may require that the housing provider enter into a rent supplement agreement with the Region.

7. If the municipal housing project facilities agreement requires the housing provider to enter into a rent supplement agreement with the Region, the rent supplement agreement shall be entered into prior to or concurrently with the municipal housing project facilities agreement and shall be a condition precedent to the Region being bound by the municipal housing project facilities agreement.

8. A municipal housing project facilities agreement may allow for the sale or other disposition of municipal land or buildings that are still required for the purposes of the Region.

9. A municipal housing project facilities agreement may, with respect to the provision, lease, operation or maintenance of the municipal housing project facilities that are subject to the agreement, provide for financial or other assistance at less than market value or at no cost to the housing provider with respect of the provision, lease operation or maintenance of the municipal housing project facilities that are subject of the agreement, and such assistance may include:

(i) giving or lending money and charging interest;
(ii) giving, lending, leasing or selling property;
(iii) guaranteeing borrowing; and
(iv) providing the services of employees of the Region.

READ THREE TIMES AND FINALLY PASSED IN OPEN COUNCIL this 10th day of July, 2003