Item - 2022.PH31.2

The Planning and Housing Committee recommends that:  

Housing Services

1. City Council, in accordance with section 17 of the Housing Services Act, 2011 (the "Act"),  delegate to the Executive Director, Housing Secretariat (the "Executive Director") and such person's delegates, the authority to perform all of the duties and exercise all of the powers of the City as service manager under the Act with respect to designated housing projects and transferred housing programs in a manner consistent with and subject to the following conditions and restrictions:

a. such limitations, conditions and restrictions as may be prescribed from time to time by regulation under the Act;

b. policies and directives issued by the Minister of Municipal Affairs and Housing in writing to service managers in respect of consents given by service managers under the Act;

c. all service manager consents to develop or redevelop a Toronto Community Housing Corporation housing project or the lands where it is located shall be authorized or given by Council; and

d. recommendations that have been or may hereafter be adopted by City Council from time to time.

2. City Council authorize the Executive Director, Housing Secretariat and such person's delegates to enter into:

a. agreements in a form satisfactory to the City Solicitor with each City-funded housing provider operating a Designated Housing Project (as defined in the Act) with respect to rent geared-to-income (eligibility and income testing) program administration functions sub-delegated to the provider;

b. all agreements in a form satisfactory to the City Solicitor necessary to carry out the authority to perform all of the duties and exercise all of the powers of the City as service manager under the Act;

c. exit agreements whereby a housing project ceases to be a designated housing project subject to the Act in a form satisfactory to the City Solicitor;

d. service agreements whereby a housing project may become a Part VII.1 housing project  subject to the Act in a form satisfactory to the City Solicitor; and

e. exit agreements whereby a housing project ceases to be a PartVII.1 housing project subject to the Act in a form satisfactory to the City Solicitor.

3. City Council delegate authority to the Executive Director, Housing Secretariat, in accordance with a City Council approved housing plan, to:

a. submit applications, including all documents required for processing the application, to any government or agency for funding related to housing services;

b. enter into contribution agreements, transfer payment agreements, or related agreements, with the federal or provincial governments, or a related federal or provincial agency or corporation for the receipt and expenditure of funds for the provision of housing services in Toronto on such terms and conditions as are satisfactory to the Executive Director, Housing Secretariat, and in a form approved by the City Solicitor; and

c. enter into agreements or arrangements with other City divisions, federal or provincial agencies, community organizations, private entities, or individuals, to allocate and deliver the funding set out in Part 3 b) above, provided that the funding is within the approved City Council budget and is allocated and delivered in accordance with the provisions of the contribution agreement, transfer payment agreement, or related agreement, and any applicable program guidelines and directives.

4. City Council delegate the authority to the Executive Director, Housing Secretariat, to provide written consent on behalf of the City, where required under Section 453.1(6) of the City of Toronto Act, 2006, in respect of any unit of housing accommodation that is part of a social housing program, to:

a. convey the unit, by way of deed or transfer, or grant, assign or exercise a power of appointment with respect to the unit;

b. mortgage or charge the unit or enter into an agreement of purchase and sale respecting the unit; or

c. enter into an agreement that has the effect of granting the use of or right in the unit directly or by entitlement to renewal for a period of 21 years or more; and

d. provided that the Executive Director, Housing Secretariat, is satisfied that the unit will continue to be operated by a non-profit housing co-operative as defined in the Co-operative Corporations Act or a non-profit corporation as defined in the National Housing Act (Canada) in accordance with the agreement respecting the provision of housing accommodation that is part of a social housing program registered against the land on which the unit is located.

5. City Council authorize the Executive Director, Housing Secretariat, to execute and deliver such agreements, notices and consents required to accomplish the provisions of Part 4 above, on terms and conditions satisfactory to the Executive Director, Housing Secretariat and in a form satisfactory to the City Solicitor.

Homelessness Services

6. City Council delegate to the General Manager, Shelter, Support and Housing Administration the authority and responsibility of the Service Manager under the Housing Services Act, 2011 to implement homelessness services consistent with the Service Manager's Housing and Homelessness Plan, Ontario's provincial interests, other plans prescribed by regulation and Ministerial policy statements, all as required under the Housing Services Act, 2011.

7. City Council amend the City of Toronto Municipal Code Chapter 169, Officials, City, by removing reference to housing services from §169-6.1 so that it reads as follows:

In accordance with a City Council approved Shelter, Support and Housing Administration Service Plan, the General Manager, Shelter, Support and Housing Administration, or the Acting General Manager, Shelter, Support and Housing Administration, as the case may be, is delegated authority to:

a. submit applications, including all documents required for processing the application, to any government or agency, for funding related to any homelessness services;

b. enter into contribution agreements, transfer payment agreements, or related agreements, including any amending agreements, with the federal or provincial governments, or a related federal or provincial agency or corporation, for the receipt and expenditure of funds for provision of homelessness services in Toronto, on such terms and conditions as are satisfactory to the General Manager, and in a form approved by the City Solicitor; and

c. enter into agreements or arrangements with other City divisions, federal or provincial agencies, community organizations, private entities, or individuals to allocate and deliver the funding set out in Section 169-6.1(B), provided that the funding is within the approved City Council budget and is allocated and delivered in accordance with the provisions of the contribution agreement, transfer payment agreement, or related agreement, and any applicable program guidelines and directives.

Tower Renewal

8. City Council transfer to the Executive Director, Housing Secretariat, all authority related to the management and administration of the High-rise Retrofit Support Program, the Taking Action on Tower Renewal Program and Tower Renewal initiatives, including any authority to enter into agreements, previously granted to the Executive Director, Social Development, Finance and Administration.

9. City Council authorize the City Solicitor to introduce the necessary bills to implement the above noted amendments to the City of Toronto Municipal Code and to amend existing by-laws which require amendment to give effect to City Council's decision.

As part of its commitment in the HousingTO 2020-2030 Action Plan to enhance service delivery for residents, the City is re-organizing the way it plans and delivers housing and homelessness services. This includes consolidating authorities, responsibilities and oversight for all housing services and functions under the Housing Secretariat. The Shelter, Support and Housing Administration division ("SSHA") will maintain its authorities and responsibilities for homelessness services.

To support this administrative change, City Council authority is required to transfer part of the service manager authorities and responsibilities under the Housing Services Act, 2011, specific to social and affordable housing, from the General Manager, Shelter, Support and Housing Administration to the Executive Director, Housing Secretariat.

City Council authority is also required for the Executive Director, Housing Secretariat to receive funding and enter into funding agreements with other levels of government for housing programs, and to spend that funding in accordance with the agreements and program guidelines. Accordingly, authorities and responsibilities under the Housing Services Act, 2011, specific to homelessness services remain with the General Manager, Shelter, Support and Housing Administration.

As such, this report seeks to authorize the Executive Director, Housing Secretariat to enter into agreements with other levels of government for the purposes of receiving funding for housing programs in Toronto; and to enter into agreements with community agencies, in accordance with federal and provincial program requirements. It also seeks to delegate certain authority to the Executive Director, Housing Secretariat to grant consents under section 453.1(6) of the City of Toronto Act, 2006. Further, it recommends Council approval to update the authority of the General Manager, Shelter, Support and Housing Administration, under Article 6 of the City of Toronto Municipal Code Chapter 169, Officials, City.

Finally, this report seeks Council authority to transfer authorities and responsibilities related to the Tower Renewal Program, including the High-rise Retrofit Improvement Support Program and the Taking Action on Tower Renewal Program, from the Social Development, Finance and Administration division to the Housing Secretariat.