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C.C.S.M. c. E20
The Elderly and Infirm Persons' Housing Act
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HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
In this Act
"board" means the board of directors of a corporation incorporated for the purposes of this Act; (« conseil »)
"common-law partner" of a person means a person who, not being married to the other person, is cohabiting with him or her in a conjugal relationship of some permanence; (« conjoint de fait »).
"corporation" means a corporation established under this Act; (« corporation »)
"district" or "housing district" means the area comprising municipalities or parts thereof that are liable for any part of the operating deficit of a corporation; (« district »)
"elderly persons" means
(a) a single person of 65 or more years of age whose annual income, including assistance under the Old Age Security Act (Canada), does not exceed an amount equal to five times the annual rental for the accommodation that he occupies in an elderly persons' housing unit or a hostel, or
(b) a person of 65 or more years of age whose annual income together with that of his or her spouse or common-law partner, including assistance under the Old Age Security Act (Canada), does not exceed an amount equal to five times the annual rental for the accommodation that the person and his or her spouse or common-law partner occupy in an elderly persons' housing unit or a hostel, or
(c) a person who is the spouse or common-law partner of a person to whom clause (b) refers; (« personnes âgées »)
"elderly persons' housing unit" means housing accommodation that has separate kitchen and bathroom facilities for either one or two elderly persons who are capable of living independently and that meets the requirements prescribed by regulation; (« logement pour personnes âgées »)
"hostel" means a building used for housing accommodation for three or more elderly persons who require minimal assistance or supervision around activities of daily living in which the kitchen and bathroom facilities, or bathroom facilities only, are used by three or more elderly persons; (« foyer »)
"infirm person" means a person 18 years of age or more regardless of income who because of mental or physical disability is certified by a duly qualified medical practitioner as a person unable to provide or care for himself and needs to be under the care or supervision of another person; (« infirme »)
"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; (« ministre »)
"municipality" includes a local government district; (« municipalité »)
"organization committee" means a committee appointed under section 3; (« comité d'organisation »)
"personal care home" means a building used for accommodation of persons who in the opinion of a duly qualified medical practitioner require continual or intensive assistance and supervision in their daily living. (« foyer de soins personnels »)
"rateable property" means real or personal property that is assessable property, as defined in The Municipal Assessment Act, and that,
(a) under The Municipal Assessment Act, is subject to taxation, or
(b) is not subject to taxation and for which a grant is made in the place of taxes. (« biens taxables »)
For the purposes of this Act, while they are cohabiting, persons who have registered their common-law relationship under section 13.1 of The Vital Statistics Act are deemed to be cohabiting in a conjugal relationship of some permanence.
For the purposes of the definition "elderly persons", a person who is living separate and apart from his or her spouse or common-law partner because of a breakdown in their relationship shall be considered to be a single person.
(a) a resolution in favour of the establishment of elderly and infirm persons' housing accommodation is passed by the council of a municipality part or all of which would benefit by the housing accommodation; or
(b) 10% of the resident ratepayers in each municipality that would benefit by the proposed housing accommodation, petition the municipality for the establishment of elderly and infirm persons' housing accommodation;
the municipality may enter into an agreement with any other municipality that has passed a resolution as mentioned in clause (a) or received a petition as provided in clause (b) providing for the appointment of an organization committee.
The agreement under subsection (1) shall provide for the payment of the expenses of the organization committee by the municipalities entering into the agreement and for the appointment of the membership thereof which shall be made up of at least two but no more than four elected members from each municipal council entering into the agreement.
A majority of the members appointed under subsection (2) constitute a quorum for the transaction of business.
At the first meeting of the organization committee the members shall
(a) elect a permanent chairman and a vice-chairman who shall hold office for such time as is prescribed in the regulations;
(b) adopt such rules relating to the procedure of the committee as they may deem necessary or desirable; and
(c) appoint a secretary, who may be a member of the committee, and fix his duties and the amount of his remuneration, if any, and arrange for the payment of remuneration.
Meetings of the organization committee shall be held on the call of the chairman or vice-chairman and as may be prescribed in the regulations.
The organization committee shall, forthwith upon its appointment, plan and prepare a scheme providing for
(a) the establishment of elderly or infirm persons' housing accommodation or such other accommodation as may be desirable for the municipalities concerned by
(i) the purchase of a site and the erection of suitable buildings, and the furnishing and equipping of the same as a hostel, elderly persons' housing units or a personal care home; or
(ii) the purchase of any existing building suitable for conversion as a hostel, elderly persons' housing units or a personal care home; or
(iii) entering into an agreement with any other elderly and infirm persons' housing board within the province for the purpose of providing suitable elderly and infirm persons' housing accommodation for the residents of the proposed district;
(b) an estimate of the capital expenditure for the erection and equipment of a hostel, elderly persons' housing units, or a personal care home in the proposed district, and, if necessary, a plan for borrowing moneys to pay for that expenditure, and, in the case of an issue of debentures, for the terms thereof, the proposed rate of interest payable thereon, and other particulars relating thereto;
(c) an estimate of the probable annual revenue, and the probable annual expenditure incident to the maintenance and operation of the accommodation;
(d) a plan for the division of the proposed capital and the servicing thereof, maintenance, and operation expenditure among the various included municipalities or parts thereof in the proposed district on the basis of the most recent assessments of the municipalities.
Where necessary the scheme shall also provide for the raising of the funds required for that purpose by the imposition of levies as set out in subsections (3) and (4), or by public subscription, or by both of such methods, or in any other manner that the council of an included municipality may approve.
Where a scheme provides for the making of levies for capital expenditures, it shall provide for the making of an annual levy by the council of the included municipality, or each of the included municipalities, on the rateable property in the municipality that is included in the district in which the housing is situated.
The scheme shall further provide for the raising of money by levies in an amount equal to the difference between the annual operational expenditures and the annual revenue with respect to the housing accommodation.
An organization committee may hire such personnel as may be necessary to enable and assist the committee in preparing its scheme, and shall arrange for the payment of such remuneration for the personnel as may be deemed reasonable.
On completion of the scheme the organization committee shall submit a copy of the scheme, together with its report, to the minister and to each municipality that was a party to the agreement under section 3; and, upon the approval of the scheme by the minister and adoption of the scheme by the municipalities concerned, the organization committee ceases to exist.
Upon receipt of the scheme and report, if any, from the organization committee, the council of each municipality shall consider the scheme and if in favour, by resolution, approve the scheme.
The powers exercisable by the council of a municipality under this Act, in the case of a local government district, are, subject to the approval of the Lieutenant Governor in Council, exercisable by the resident administrator thereof.
The agreement mentioned in section 3 shall provide that, in the event of a municipality that is a party to the agreement refusing to approve the adoption and carrying out of the scheme as submitted to it by the organization committee, the cost of providing the housing accommodation mentioned in the scheme shall be borne by the remaining municipalities adopting the scheme in proportion to the assessed value of taxable property of each such municipality included in the area of the housing district as proposed in the scheme.
Where a scheme submitted by the organization committee to a municipality is adopted by the municipality, but the scheme as adopted varies in any respect from that submitted by the organization committee, the adopted or varied scheme shall be first approved by the minister.
Where a municipality has passed a resolution under section 6 it shall give first reading to a by-law, embodying the scheme as a schedule, providing for the establishment of a corporation for the purpose of carrying out the scheme.
Where the scheme provides for the raising of money by the issue and sale of debentures, each municipality that has given first reading to a by-law as provided in subsection (1) shall submit the by-law to The Municipal Board for its approval of the borrowing power contained in the scheme.
Where the scheme provides for a grant to be paid by a municipality that has approved the scheme under section 6, section 16 applies with such modifications as the circumstances require.
Upon approval of the by-law by the Municipal Board, the municipality may give third reading to the by-law and pass it.
Upon passing the by-law mentioned in section 8, the council of each municipality concerned shall nominate or appoint persons to apply for incorporation of a non-profit corporation under The Corporations Act for the purpose of providing and managing elderly and infirm persons' housing accommodation.
The affairs of a corporation mentioned in subsection (1) shall be managed by a board of directors appointed by each of the municipalities concerned, chosen from the elected members of the municipal councils and from suitably qualified persons resident within those municipalities; but in no case shall the number of elected council members on the board exceed 40% of the total membership thereof.
The provisions of this Act apply, with such modifications as the circumstances require, to a single municipality.
Notwithstanding any Act of the Legislature, a corporation may by by-law
(a) borrow money or raise money by way of loan on the credit of the corporation; and
(b) as security for moneys borrowed or raised by way of loan issue and sell, pledge, hypothecate or otherwise dispose of, debentures of the corporation, or issue promissory notes or mortgage any of the assets of the corporation.
Every by-law authorizing the debentures is, and the form and issue of the debentures are, subject to the approval of The Municipal Board, and when so approved, the by-law, debentures, and the requisitions authorized under the by-law are valid and binding upon the corporation and the municipalities establishing the corporation; but The Municipal Board shall not alter the method of requisitioning provided in section 14.
All debentures issued under a by-law passed by a corporation under the authority of this Act are direct, joint, and several obligations of the corporation and the municipalities mentioned in subsection (2), and each of them; but nothing in this subsection affects the rights of the corporation and of each of those municipalities respectively as among themselves.
A corporation may, in addition to the powers given it by any other Act, for the furtherance of its purposes and objects, receive as a gift, buy, rent, and otherwise acquire, hold, control, administer, lease, sell, lend, give, and otherwise dispose of such property of every kind, whether real or personal and wheresoever situated, as is necessary or desirable for its purpose and objects, and may convert any such property into any other form.
A corporation may, subject to the approval of the minister, invest any funds received by it in any investment authorized for trustees under The Trustee Act.
Nothing herein relieves a corporation from compliance with any express term of a trust or donation under which money or other property has been received and accepted by the corporation.
Each corporation shall cause an audit to be made of its books and account of financial records, at least once in every fiscal year, by an independent auditor appointed by the board; and the corporation shall cause a copy of the certified statement of each audit to be mailed or furnished to each member municipality, and upon request to each person, firm, or organization that has made a donation to the corporation of not less than $500.
Notwithstanding any Act of the Legislature, a corporation shall, in each year, requisition from each municipality concerned an amount estimated to be sufficient to pay the proportionate share of that municipality of the amounts payable in that year for principal, interest, and other charges on the indebtedness of the corporation secured by its debentures, together with its proportionate share of any operational deficit and of any other indebtedness of the corporation.
The amount requisitioned under subsection (1) from each municipality concerned shall be that proportion of the total of the amounts payable in that year for principal, interest, and other charges on indebtedness secured by debentures, any operational deficit, and any other indebtedness of the corporation, that bears the same relationship to the total of those amounts as the assessed value of the rateable property in the municipality bears to the total assessed value of rateable property in all municipalities concerned, or those parts thereof that are within the district.
A corporation may employ such persons as may be necessary for the purpose of managing and operating elderly or infirm persons' housing accommodation, and fix and pay their remuneration.
Notwithstanding any Act of the Legislature, for the purposes mentioned in subsection 17(1), a municipality, may make a grant to a corporation or an organization that has received, or is to receive, a grant under section 17.
Where, for the purpose of making a grant under subsection (1), it is necessary for the municipality to borrow money not to be repaid out of the current year's revenue, the municipality shall not pass the by-law authorizing the borrowing unless it is approved by The Municipal Board as provided in The Municipal Act.
[Repealed] S.M. 2020, c. 21, s. 148.
The Minister of Finance, on the written requisition of the minister, may as hereinafter provided, for the purposes of construction, reconstruction, acquisition, renovation, repair, and furnishing of any building in which housing accommodation is provided for elderly and infirm persons, make grants to
(a) a corporation established by a municipality or two or more municipalities jointly as provided in this Act; or
(b) an approved and incorporated private non-profit or charitable organization; or
(c) a municipality.
A grant under subsection (1) shall not be made unless the plans for the construction, reconstruction, acquisition, renovation, or repair or furnishing of the building in which the housing accommodation is to be provided, and in respect of which application for the grant is made, have first been approved by the minister.
Every plan for elderly persons' housing units or a hostel shall include such lounge or other activity areas as may be satisfactory to the minister.
Where the non-profit or charitable organization is not one that is formed by a municipality or two or more municipalities jointly, a grant under subsection (1) shall not be made to the organization unless it is approved or recommended for the grant by resolution of the council of the municipality or municipalities concerned.
A grant shall not be made under subsection (1) in respect of the construction, acquisition, reconstruction, renovation, repair, furnishing or equipping of an elderly persons housing unit unless the municipality, corporation or organization applying for or requesting the grant has obtained, in such a way as not to incur a debt on the elderly persons housing units, or has raised or contributed
(a) an amount of money equal to 20% of the total cost thereof; or
(b) in the case of new construction, land necessary for the elderly persons housing units and in respect of which there are available services required under the regulations, and 10% of the total cost, not including the cost of the land and such services.
A grant shall not be made under subsection (1) in respect of the construction of a hostel or personal care home, or the furnishing or equipping of a newly constructed hostel or personal care home, unless the municipality, corporation or organization applying for or requesting the grant has obtained and contributed, in such a way as not to incur a debt on the hostel or personal care home, as the case may be, land necessary for the hostel or personal care home and in respect of which there are available the services required under the regulations.
The minister may, on behalf of the government, enter into an agreement with a municipality that has established and operates elderly or infirm persons' housing accommodation under which,
(a) the municipality assigns to the Minister of Finance out of funds payable by the government to the municipality such amount as may be required by the municipality to meet its obligation or liability under this Act; and
(b) the Minister of Finance undertakes to hold the moneys so assigned in trust and upon the requisition of the minister to pay or arrange for payment from those moneys the obligation or liability of the municipality under this Act.
A corporation or a private non-profit organization incorporated for the purpose of owning and operating elderly or infirm persons' housing accommodation may enter into an agreement with the Minister of Finance authorizing him to withhold any moneys payable by the government to the corporation or organization under any Act of the Legislature, and to utilize those moneys for the purpose of discharging or reducing any obligation or liability of the corporation or organization under any mortgage or encumbrance against the real property of the corporation or organization or under any debenture or bond issued by the corporation or organization.
The amount of grants payable by the government for the purposes of assisting in the construction, acquisition, renovation, repair, reconstruction, furnishing or equipping of a hostel or a personal care home shall be determined in accordance with the regulations.
Where a grant is made for the purpose of assisting in the cost of construction or acquisition, or reconstruction or equipping of elderly persons' housing units, the amount of the grant shall be
(a) in the case of an elderly persons' housing unit for two persons, the lesser of
(i) 1/3 of such cost, or
(ii) $2,150.; and
(b) in the case of an elderly persons' housing unit for one person the lesser of
(i) 1/3 of such cost, or
Notwithstanding anything in this Act, where a grant is payable by the government to a corporation or organization, the government may
(a) pay part or all of the grant in a lump sum payment; or
(b) in lieu of or in addition to a lump sum payment, pay part or all of the grant in such amounts as are required to meet annually the principal and interest payments on that part of the moneys borrowed by the corporation or organization from the Government of Canada or any of its corporations or agencies, equivalent to the amount of the grant being made under this clause.
Notwithstanding any provision of this Act, the recipient of a grant made for the purposes of assisting in the provision of elderly persons' housing units or hostels or personal care homes, may use the grant for the purposes of purchasing furnishings, equipment, and fixtures for elderly persons' housing units, personal care homes, or hostels.
Where a corporation or organization to which a grant has been made under this Act, borrows or obtains money by way of loan from the Government of Canada or any of its corporations or agencies, the government may, in such form and manner, and on such terms, as may be approved by the Lieutenant Governor in Council, guarantee the payment of principal and interest of any such loan.
A guarantee referred to in subsection (1) shall be signed by the Minister of Finance or such other officer of the Department of Finance as may be designated by the Lieutenant Governor in Council for that purpose; and when the guarantee has been signed it is a valid obligation of the government.
Where, under this section, the government has guaranteed the repayment of the principal and interest of any loan, the Minister of Finance may pay out of the Consolidated Fund the money necessary to fulfil the requirements of the guarantee.
Unless otherwise authorized in writing by the minister, no municipality, or corporation, or organization that has received a grant under this Act shall rent or provide accommodation in a hostel, elderly persons' housing unit, or personal care home other than to elderly persons and infirm persons.
No corporation, municipality or organization that has received a grant under this Act shall sell or otherwise dispose of an elderly persons' housing unit, or a hostel, or a personal care home unless the written consent of the minister is received for the purpose and the requirements of any regulations hereunder respecting such disposition have been met.
The minister may cause to be filed in the appropriate land titles office against the lands owned by a corporation or organization mentioned in subsection (1), a caveat forbidding the registration of any person as transferee or owner of the said lands, or of any instrument affecting the said lands, unless the minister in writing, consents to such registration.
No person, municipality, corporation, or organization shall operate an elderly persons' housing unit or a hostel unless that person, municipality, corporation, or organization, where applicable, holds a valid and subsisting licence for the purpose.
Eligibility to renew a licence that is valid on the day this subsection comes into force is not affected by a failure to meet the requirements of a regulation made after that day under clause 31(b).
Every person, corporation, organization, or municipality that operates an elderly persons' housing unit, or hostel, or personal care homes, shall permit any inspector duly appointed under any Act of the Legislature or any one authorized for that purpose by the minister, to inspect the elderly persons' housing unit, or hostel, or personal care home at any reasonable time.
A director, a supervisor of elderly and infirm persons' housing and such other officers and employees as may be required for the proper administration of this Act may be appointed under Part 3 of The Public Service Act.
All moneys required to be expended for the purpose of this Act shall be paid from the Consolidated Fund with moneys authorized by an Act of the Legislature to be paid for those purposes.
For the purpose of carrying out the provisions of this Act according to their intent, the Lieutenant Governor in Council may make such regulations and orders as are ancillary thereto and are not inconsistent therewith; and every regulation or order made under, and in accordance with the authority granted by, this section has the force of law; and, without restricting the generality of the foregoing, the Lieutenant Governor in Council may make regulations and orders,
(a) prescribing the terms and conditions upon which, and the manner in which, grants may be made by the province under this Act;
(b) respecting the licensing of elderly persons' housing units, and hostels, and personal care homes, including eligibility and standards, and terms and conditions to which a licence may be subject;
(c) respecting the inspection and supervision of hostels, and elderly persons' housing units, and personal care homes;
(d) prescribing standards for the conduct and administration of hostels, and elderly persons' housing units, and personal care homes, and the treatment of persons resident therein;
(e) prescribing schedules of rentals or fees that may be charged for accommodation in hostels, and elderly persons' housing units, and personal care homes, and the terms and conditions upon which, and the manner in which, payment may be made in the case of a person whose care is wholly or partially paid for by the province;
(f) prescribing methods of and forms for application and registration of persons in hostels, and elderly persons' housing units, and personal care homes;
(g) prescribing records to be kept by the municipalities, corporations, persons, or organizations operating hostels, or elderly persons' housing units, or personal care homes;
(h) prescribing the services which are to be available in respect of land to which reference is made in subsection 17(5);
(i) prescribing the information to be provided in the case of a sale or other disposition of a hostel, or elderly persons' housing unit, or personal care home;
(j) prescribing the area limits of housing districts;
(k) prescribing the minimum and maximum number of persons that may be accommodated or housed in a housing unit or a hostel;
(l) respecting grants payable to hostels and personal care homes and prescribing the method of arriving at the amounts thereof.
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