O. Reg. 411/01: DETERMINATION, ALLOCATION, APPORTIONMENT ANDBILLING OF HOUSING COSTS

 

ontario regulation 411/01

made under the

Social Housing Reform Act, 2000

Made: November 7, 2001
Filed: November 8, 2001
Printed in The Ontario Gazette: November 24, 2001

Amending O. Reg. 642/00

(Determination, Allocation, Apportionment and
Billing of Housing Costs)

1. Section 26 of Ontario Regulation 642/00 is revoked and the following substituted:

26. In this section and in sections 26.1 to 26.3,

“GTA service manager” has the meaning given to that expression by section 135 of the Act;

“housing costs” means, in respect of a GTA service manager for a period, its housing costs for the period under section 127 of the Act.

26.1 (1) For the purposes of clause 136 (5) (a) of the Act, the Minister shall reallocate for a period to those GTA service managers who are sharing GTA service managers for the period the amount by which the sum of the housing costs for the period of all GTA service managers who are supported GTA service managers for the period exceed the sum of the net housing costs for the period of those supported GTA service managers.

(2) The total amount to be reallocated to a sharing GTA service manager for a period is the amount by which its net housing costs for the period exceed its housing costs for the period.

(3) For the purposes of clause 136 (5) (c) of the Act, the amount payable by a sharing GTA service manager to a supported GTA service manager is determined using the formula:

P ´ X/Y

in which,

“P” is the amount by which the net housing costs for the period of the sharing GTA service manager exceeds its housing costs for the period,

  “X” is the amount by which the supported GTA service manager’s housing costs for the period exceed its net housing costs for the period, and

  “Y” is the sum of all amounts each of which is the amount by which a supported GTA service manager’s housing costs for the period exceed its net housing costs for the period.

(4) Nothing in subsections (1) to (3) relieves a GTA service manager from its obligation to pay to the Minister the portion of the provincial housing costs allocated to it under section 123 of the Act.

(5) In this section,

“net housing costs” means, in respect of a GTA service manager, the amount determined under section 26.2;

“sharing GTA service manager” means, in respect of a period, a GTA service manager whose net housing costs for the period exceed its housing costs for the period;

“supported GTA service manager” means, in respect of a period, a GTA service manager whose housing costs for the period exceed its net housing costs for the period.

26.2 (1) For the purposes of section 26.1, the amount of a GTA service manager’s net housing costs for a period is the amount determined using the formula:

C ´ R

in which,

  “C” is the sum of the housing costs of all of the GTA service managers for the period,

  “R” is the ratio of the weighted assessment of the GTA service manager for the period to the sum of the weighted assessments of all of the GTA service managers for the period.

(2) For 2001, the ratio of the weighted assessment of a GTA service manager to the sum of the weighted assessments of all of the GTA service managers is deemed to be the ratio set out opposite the name of the GTA service manager in Schedule 4. 

(3) For 2002 and subsequent years, the weighted assessment of a GTA service manager is the sum of all amounts, each of which is the weighted assessment for a property class in the GTA service manager’s service area determined using the formula,

W ´ A

in which,

“W” is the GTA-wide weighted transition ratio for the property class, and

  “A” is the sum of the net taxable assessments for the previous year of all properties in the property class in the GTA service manager’s service area.

(4) The GTA-wide weighted transition ratio for a property class set out in Schedule 5 is the ratio set out opposite the property class in that Schedule.

(5) The GTA-wide weighted transition ratio for a property class that is not set out in Schedule 5 is the amount determined as follows:

1. For each GTA service manager, multiply the sum of the net taxable assessments for the previous year of all properties in the property class in the GTA service manager’s service area by the transition ratio applicable to that property class and service area.

2. Add the products calculated under paragraph 1 in respect of the GTA service managers.

3. Divide the sum calculated under paragraph 2 by the sum of the net taxable assessments for the previous year of all properties in the property class in the service areas of all of the GTA service managers.

(6) In this section,

“net taxable assessment” means,

(a) with respect to property that is in a subclass to which section 368.1 of the Municipal Act applies, the taxable assessment for the property, as reduced by the percentage reduction that applies with respect to that assessment under section 368.1 of that Act, and

(b) in respect of property not referred to in clause (a), the taxable assessment in respect of the property;

“property class” means a class of real property prescribed under the Assessment Act; 

“taxable assessment” means, in respect of a property, the assessment of the property on which tax rates are levied under section 366 or 368 of the Municipal Act;

“transition ratio” means, in respect of a service area for a property class not set out in Schedule 6, the transition ratio or average transition ratio, as applicable, that is prescribed for the purposes of section 363 of the Municipal Act for the property class in the service area.

26.3 The Minister shall make appropriate adjustments in determining the amount of housing costs of GTA service managers to be reallocated or paid for a period that begins either before or after sections 26.1 and 26.2 come into force,

(a) to ensure that amounts are reallocated and paid for the period in accordance with those sections; and

(b) to take into account any differences between actual amounts and the amounts used in determining the amounts to be reallocated or paid.

2. The Regulation is amended by adding the following section:

27.1 (1) A GTA service manager who makes a request under subsection 138 (1) of the Act for a review of an allocation shall include the following with the request:

1. A statement setting out the reasons for the request and the information on which the GTA service manager relies.

2. Documents and other material in support of the request. 

3. A statement setting out the names or titles of the officers, employees or agents of the GTA service manager who may be contacted concerning the request and how they may be contacted.

(2) The Minister shall consider the following criteria in determining whether an allocation is reviewable on the request of the GTA service manager:

1. Whether the reallocation is incorrectly calculated.

2. Whether the information used in calculating the reallocation is incorrect or incomplete.

3. Items 5, 20, 29, 38 and 43 of Table 1 of Schedule 2 to the Regulation are revoked.

4. Schedule 4 to the Regulation is revoked and the following substituted:

Schedule 4

2001 weighted assessment ratios

Item	GTA Service Manager	Ratio
1.	City of Toronto	0.5088579604
2.	Regional Municipality of Durham	0.0710194766
3.	Regional Municipality of Halton	0.0744053594
4.	Regional Municipality of Peel	0.1895881974
5.	Regional Municipality of York	0.1561290062

 

Schedule 5

gta-wide weighted transition ratios

Item	Property Class	Ratio
1.	The residential/farm property class	1.00
2.	The farmlands property class	0.25
3.	The managed forests property class	0.25

5. (1) Subject to subsection (2), this Regulation comes into force on the day it is filed.

(2) Section 3 comes into force on the later of December 1, 2001 and the day this Regulation is filed.