s.5.1 — Other exemption from Act

5.1 (1) This Act does not apply with respect to living accommodation provided to a person as part of a program described in subsection (2) if the person and the provider of the living accommodation have entered into a written agreement that complies with subsection (3). (2) A program referred to in subsection (1) is a program that meets all of the following requirements: 1. The program consists of the provision of living accommodation and accompanying services where, i. the living accommodation is intended to be provided for no more than a four-year period, and ii. the accompanying services include one or more of the following services, regardless of where and by whom the services are provided: A. rehabilitative services, B. therapeutic services, C. services intended to support employment, or D. services intended to support life skills development. 2. The program is intended to support the occupant of the living accommodation in subsequently obtaining and maintaining more permanent living accommodation. 3. All or part of the program is, i. provided by, or funded under an agreement with, A. the Crown in right of Canada or in right of Ontario, B. an agency of the Crown in right of Canada or in right of Ontario, C. a municipality, or D. a service manager as defined in the Housing Services Act, 2011, or ii. provided or funded by a registered charity within the meaning of the Income Tax Act (Canada). (3) The agreement between the provider of the living accommodation and an occupant of the living accommodation must meet all of the following requirements: 1. The agreement must state that the provider of the living accommodation intends that the living accommodation be exempt from this Act and must also state that the occupant may apply to the Board under section 9 of this Act for a determination of whether this Act applies with respect to the living accommodation. 2. The agreement must set out the following: i. the legal name and address of the provider of the living accommodation, ii. the maximum period of the occupant’s occupancy of the living accommodation, iii. the circumstances under which and the process by which the occupant’s occupancy of the living accommodation may be terminated by the provider of the living accommodation, iv. the occupant’s rights and responsibilities in respect of the occupant’s occupancy of the living accommodation, v. the rules that apply to the occupant’s occupancy of the living accommodation, vi. the amount of any consideration required to be paid by the occupant for the right to occupy the living accommodation, and vii. the amount of any other charges to be paid by the occupant in conjunction with the living accommodation. 3. The agreement must set out a process to address disputes between the occupant and the provider of the living accommodation which must, i. include a reasonable method by which either party may initiate the process, ii. provide for the involvement of an individual not otherwise involved in the dispute, to assist the parties in resolving the dispute, and iii. meet such other requirements as may be prescribed. 4. Unless the information is set out in a separate agreement under subsection (4), the agreement must set out the following information in respect of the program under which the living accommodation is provided to the occupant: i. the occupant’s rights and responsibilities in respect of the occupant’s participation in the program, other than the rights and responsibilities described in subparagraph 2 iv, ii. the rules that apply to the occupant’s participation in the program, other than the rules described in subparagraph 2 v, iii. the amount of any charges to be paid by the occupant in conjunction with the program, other than the charges referred to in subparagraphs 2 vi and vii, iv. the policy of the provider of the living accommodation or the administrator of the program, as applicable, with respect to securing alternate living accommodation for an occupant whose participation in the program or whose occupancy of the living accommodation is terminated, and v. the policy of the provider of the living accommodation or the administrator of the program, as applicable, with respect to readmission into the program. 5. The agreement must meet such other requirements as may be prescribed. (4) Where the provider of the living accommodation and the administrator of the program under which the living accommodation is provided to the occupant are not the same person or entity, any information required by subparagraph 4 i, ii, iii, iv or v of subsection (3) may be set out in the agreement in respect of the occupant’s participation in the program entered into between the occupant and the administrator of the program, if the agreement, (a) sets out the legal name and address of the administrator of the program; and (b) meets such other requirements as may be prescribed. (5) Nothing in this section limits the availability of other exemptions under this Act. (6) For greater certainty, nothing in this section exempts living accommodation that is subject to a tenancy to which this Act applies, unless the tenancy has first been terminated in accordance with this Act.