Local Standards

Limits of Local Standards > Conflict of Interest

Purpose

The Service Manager can set local standards on defining conflict of interest.

Housing Services Act

The following are prescribed, for the purposes of subsection 75 (2) of the Act, as matters with respect to which a Service Manager may make local standards:

  1. Conflicts of interest of Directors, Employees and Agents of a Housing Provider (Ontario Regulation 367/11, s 100).

Policy: 2013-27

A conflict of interest exists if any of the following situations occur:

    1. The personal or business interests of a Director, Officer, Agent or Employee of a Housing Provider are in conflict with the interests of the Housing Provider.
    2. A personal gain, benefit, advantage or privilege is directly or indirectly given to or received by a Director, Officer, Agent or Employee of the Housing Provider or a person related to one of them as a result of a decision by the Housing Provider.
    3. A Director, Officer, Agent or Employee of the Housing Provider shall not enter into any situation, arrangement or agreement which results in a conflict of interest.
    4. Directors, Officers, Agents and Employees of the Housing Provider must notify the chair of the Board of Directors of the Housing Provider of every potential or actual conflict of interest no later than the first meeting of the Board after the Director, Officer, Agent or Employee becomes aware that he or she has entered into a situation, arrangement or agreement that results in or may result in a conflict of interest.
    5. The Board of Directors shall consider the notice given under subsection (4) no later than the second meeting of the Board after the notice is given and consideration of the notice must be reflected in the minutes of the meeting.
    6. The chair of the Board shall notify the Service Manager in writing of the receipt of every notice under subsection (4) and the Board of Directors shall resolve every conflict of interest or potential conflict of interest to the satisfaction of the Service Manager.
    7. Despite subsection (3), a Director, Officer, Agent or Employee or a person related to one of them may directly or indirectly receive a gain, benefit, advantage, privilege or remuneration from the Housing Provider if all of the following conditions are satisfied:
      1. A notice of the conflict of interest or potential conflict of interest is given in accordance with subsection (4); and
      2. The Service Manager agrees that there is no reasonable alternative for the Housing Provider other than entering into the situation, arrangement or agreement that results in or may result in the conflict of interest
    8. For the purposes of this section, a person related to a Director, Officer, Agent or Employee includes a parent, spouse, child, household member, sibling, uncle, aunt, nephew, niece, mother-in-law, father-in-law sister-in-law, brother-in-law or grandparent, or a person with whom the Director, Officer, Agent or Employee has a business relationship.
    9. In this section, “child”, in relation to an individual, means a child of the individual born within or outside marriage (unless that child has been adopted by one or more other individuals in Ontario or according to the law of another jurisdiction), a child adopted by the individual in Ontario or according to the law of another jurisdiction, and a child whom the individual has demonstrated a settled intention to treat as a child of his or her family, but does not include a child placed in the individual’s home as a foster child for consideration by another person having lawful custody;“Parent”, in relation to an individual, means a natural parent of the individual (unless the individual has been adopted by one or more other persons in Ontario or according to the law of another jurisdiction), an adoptive parent of the individual who has adopted the individual in Ontario or according to the law of another jurisdiction, and a person who has demonstrated a settled intention to treat the individual as a child of his or her family, but does not include a person in whose home the individual has been placed as a foster child for consideration by another person having lawful custody;“Spouse”, in relation to a person, means:
      i. An individual who, together with the person, has advised the Housing Provider that the individual and the person are spouses; or
      ii. An individual who is residing in the same dwelling place as the person, if the social and familial aspects of the relationship between the individual and the person amount to cohabitation; and

      1. The individual is providing financial support to the person;
      2. The person is providing financial support to the individual; or
      3. The individual and the person have a mutual agreement; or arrangement regarding their financial affairs.

Replacement of Conflict of Interest Rules

The conflict of interest provisions set out in this policy may be replaced for a Housing Provider by rules agreed to by the Housing Provider and the Service Managers for all areas in which its housing projects are located.

Approved January 2013

Limits of Local Standards > Property Management

Purpose

The Service Manager can set local standards on Procurement of Property Management.

Housing Services Act

The following are prescribed, for the purposes of subsection 75 (2) of the Act, as matters with respect to which a Service Manager may make local standards:

4. Property Management relating to Part VII housing projects, including the procurement of, and Contracts for, Property Management services (Ontario Regulation 367/11, s 100).

Policy: 2013-28

    1. A Housing Provider shall establish and follow open and competitive practices in Provider is a party, and in retaining persons to provide Property Management services for its housing projects.
    2. A Contract for Property Management services for a housing project must be in writing and must satisfy the following requirements:

i. The term of the Contract must not exceed three years;
ii. The Contract must not be renewable;
iii. The Contract must be capable of termination by the Housing Provider on 60 days written notice any time during the term of the Contract and on 30 days written notice if the termination is for breach of the Contract, unless the parties to the Contract agree to shorter notice periods;
iv. The Contract must specifically identify and describe the nature of the goods and services provided under the Contract and the consideration to be paid by the Housing Provider; and
v. The Contract must be non-assignable.

  1. Every corporation providing management services for a housing project shall give notice to the Housing Provider of the housing project of any change in control of the corporation.
  2. A Housing Provider is not required to follow open and competitive practices in retaining persons to provide Property Management services if the Service Manager is satisfied that open and competitive practices are not appropriate in the circumstances in order for the Housing Provider to obtain a reasonable level of Property Management services at a reasonable cost.

Approved January 2013

Limits of Local Standards > Minimum Number Board Meetings

Purpose

The Service Manager can set local standards on minimum number of Board Meetings.

Housing Services Act

The following are prescribed, for the purposes of subsection 75 (2) of the Act, as matters with respect to which a Service Manager may make local standards:

2. The minimum number of meetings of the Board of Directors of a Housing Provider that must be held (Ontario Regulation 367/11, s 100).

Policy: 2013-29

The Service Manager requires Housing Providers to have a minimum of four (4) Board Meetings in their fiscal year.

Approved January 2013

Limits of Local Standards > Remuneration of Directors

Purpose

The Service Manager can set local standards on remuneration of the Board.

Housing Services Act

The following are prescribed, for the purposes of subsection 75 (2) of the Act, as matters with respect to which a Service Manager may make local standards:

3. The remuneration of the Directors of a Housing Provider (Ontario Regulation 367/11, s 100).

Policy: 2013-30

No Director shall be remunerated for participating on a Housing Provider Board other than reimbursement for expense occurred through duties assigned to the Director by the Board.

Approved January 2013

Limits of Local Standards > Leases

Purpose

The Service Manager may set local standards regarding leases in addition to provincial requirements.

Housing Services Act

The following are prescribed, for the purposes of subsection 75 (2) of the Act, as matters with respect to which a Service Manager may make local standards:

5. Leases for units in Part VII housing projects (Ontario Regulation 367/11, s 100).

Policy: 2013-31

The Service Manager requires Rent-Geared-to-Income leases adhere to the following criteria:

  1. The term of a lease can be annual or by month.
  2. The term of lease is not to exceed one (1) year.
  3. The lease must restricting occupancy of unit.
  4. The lease must prohibiting subletting or assignment of lease.
  5. The lease shall set out required signatories to the lease.
  6. The lease shall refer to the market rent cost of the unit.
  7. The lease shall set out the amount of initial Rent-Geared-to-Income assistance.
  8. The lease shall set out that Rent-Geared-to-Income assistance is subject to change.

Approved January 2013

Limits of Local Standards > Multi-Year Financial Plans

Purpose

The Service Manager can set local standards on multi-year financial plans.

Housing Services Act

The following are prescribed, for the purposes of subsection 75 (2) of the Act, as matters with respect to which a Service Manager may make local standards:

6. Multi-year financial plans (Ontario Regulation 367/11, s 100).

Policy: 2013-32

Housing Providers are recommended to have an update Replacement Reserve Plan (RRP) in place every three (3) years and to submit the updated RRP to the Service Manager.

Approved January 2013