Application for Grants Regulation

Application for Grants Regulation, M.R. 311/88 R The Elderly and Infirm Persons' Housing Act , C.C.S.M. c. E20 Regulation 311/88 R Registered August 29, 1988 bilingual version (HTML) Interpretation 1(1) In this regulation, "director" means the Director of Elderly and Infirm Persons' Housing appointed under section 29 of the Act; (« directeur ») "loan" means a loan made by the Government of Canada or any of its subsidiary corporations or agencies to an approved incorporated private non-profit or charitable organization or to a municipality or a corporation for the purpose of construction, acquiring and reconstructing, renovation, repairing, furnishing or equipping housing accommodation for elderly or infirm persons or elderly and infirm persons. (« emprunt ») 1(2) Without limiting the generality of the expressions used in the Act, the expressions (a) "cost of construction" ; (b) "cost of renovation" ; (c) "cost of constructing or acquisition or reconstruction" ; and (d) "cost of renovation, repair, or acquisition and reconstruction, or furnishing, or equipping" ; in this regulation include (e) architectural and other like professional fees; (f) the value of land; (g) disbursements required for test drilling or boring to ascertain the nature of the soil structure underlying the surface soil on which the proposed housing accommodation is to be built; (h) the provision of such services as sewer, water, gas, telephone and electricity; (i) landscaping, sidewalks and roads within the boundaries of the project; (j) necessary expenditures to secure the extension of gas, electricity, sewer, water, sidewalks and roads from existing sources to enable them to be connected with the housing project; and (k) such items in the nature of permanent fixtures as may be specified by the minister. 1(3) The expression "the services required under the regulations" as used in clause 17(5)⁠(b) of the Act includes (a) provision for water, sewer, electricity, telephone, roads and sidewalks from existing sources to the boundary of the land necessary for the housing accommodation; and (b) where the plans for the housing accommodation call for the use of gas for general heating or cooking, provision for gas from existing sources to the boundary of the land necessary for the housing accommodation. Application 2 An applicant for a grant shall apply to the director on such form as the minister prescribes. Minister's approval 3 An applicant intending to apply for a grant under the Act shall, before taking any steps towards the purchase of lands or buildings, or the construction, reconstruction, renovation, or repair, furnishing, or equipping accommodation for elderly or infirm persons, or elderly and infirm persons, first obtain the minister's approval of the desirability of the proposed housing accommodation. 4 Upon receipt of the minister's approval under section 17 of the Act, the applicant shall furnish to the director, (a) a description of the proposed housing accommodation, preferably prepared by an architect, including such items as (i) resident rooms, (ii) service, administration, and recreation rooms, (iii) toilet and bathing facilities, (iv) heating, lighting and plumbing arrangements, and (v) grounds, parking, and outdoor parks and recreation facilities; (b) an outline of building specifications; (c) an estimate of the cost of construction; (d) copies of the preliminary and working drawings and specifications relating to the proposed housing accommodation; and (e) an estimated capital and operating budget for the proposed housing accommodation. 5(1) The minister, after considering the information, plans and specifications referred to in section 4, may approve the plan for proceeding with the proposed housing accommodation. 5(2) The applicant, on receipt of the minister's approval, may take measures to have contracts for the construction or reconstruction, and the furnishing, of the proposed housing accommodation advertised for public tenders. 5(3) On receipt of a bid or bids, the contract or contracts shall be awarded to the lowest bidder, except that the applicant, upon the written permission of the minister, may accept a bid other than the lowest. Value of land 6(1) Where an applicant for a grant acquires land on which it intends to construct housing accommodation for elderly or infirm persons, or elderly and infirm persons, the minister may direct that the value of the entire parcel of land, or only that part which the minister considers necessary for the housing accommodation, is part of the cost of construction. 6(2) Where land acquired by an applicant for the purpose stated in subsection (1) is acquired otherwise than by purchase at a fair price, the minister may direct that the value of the land, or of that part that the minister considers necessary for the housing accommodation, is the market value of the land at the time it is acquired, as that value is determined by the Provincial Municipal Assessor. Conditions of grant 7 The Minister of Finance shall not pay to the applicant for a grant, or to any one on its behalf, any part of the grant unless the applicant enters into an agreement with the government, represented by the Minister of Finance, containing such terms and conditions as the minister considers reasonable. 8 An agreement entered into under section 7 is not binding upon the government, unless the following conditions have been met: (a) the construction, furnishing, and equipping of the housing accommodation for elderly or infirm persons, or elderly and infirm persons, as outlined and described in the applicant's application, is completed according to the plans and specifications approved by the minister; (b) a financial statement, acceptable to the minister, covering the essential detailed information respecting the financing and the construction of the housing for elderly or infirm persons, or elderly and infirm persons, certified to be correct by a qualified public accountant has been filed with the minister, which statement includes (i) a certificate with respect to the details of the cost of construction, equipping, and furnishing as applicable to the project, those details being based on the applicant's records which the accountant considers as being current, (ii) a statement showing the receipts and expenditures related to the project, (iii) a statement showing that the applicant has met the requirements of the Act and regulations with respect to the proportion of the cost to be contributed by the applicant, and (iv) a current balance sheet setting out the applicant's financial standing. Payment of grant to a corporation or organization 9(1) Subject to subsection (3), where a grant to a corporation or organization has been approved, the payment of the grant may be made in such amounts and manner, and at such times, as the minister approves and considers to be desirable. 9(2) Where a grant to a corporation or organization has been approved, the grant, when paid, is not repayable by the corporation or organization receiving it. 9(3) Where the payment to a corporation or organization of an approved grant is to be used to provide for the annual repayment of principal and interest on a loan made to the corporation or organization, and the government has entered into an agreement providing for the payment of the grant by instalments for that purpose, the grant, or the part thereof to which reference is made in the agreement, shall be paid in accordance with the agreement. Guarantees by the Minister of Finance 10 The Minister of Finance shall not undertake the guaranteeing of repayment of principal and interest of a loan made to a corporation or organization under the Act unless (a) the corporation or organization is incorporated under the laws of Manitoba or of Canada; and (b) the corporation or organization has complied with all the requirements of the Act and this regulation. 11 Where the Minister of Finance has, under the Act, undertaken to guarantee the repayment of principal and interest of a loan made to an applicant for a grant, the applicant shall, in each year, when there is any principal or interest remaining unpaid on the loan, submit to the director for transmission to the Minister of Finance a proposed operating budget for the operation of the accommodation for the next following year. Organization committee 12(1) Unless an organization committee appointed under the Act has ceased to exist, the permanent chairman or vice-chairman thereof holds office for a period not exceeding three years, but is eligible for reappointment. 12(2) The chairman or, in his or her absence the vice-chairman, may call meetings of the organization committee as often as he or she considers it necessary to allow for the carrying out of its duties, except that, where a scheme is still incomplete and has not been presented to the minister and to each of the municipalities that is a party to the agreement, the chairman or, in his or her absence the vice-chairman, shall call a meeting of the committee at least every six months following the date of the first organization committee meeting. Licences under section 27 of the Act 13(1) A person, corporation, organization, or municipality requiring a licence under section 27 of the Act for an elderly persons' housing unit shall apply to the minister on a form acceptable to the minister. 13(2) An application for a licence under subsection (1) shall be accompanied by (a) a list containing all the names of those persons currently members of the board; (b) a balance sheet setting out the current financial position of the applicant; (c) evidence acceptable to the minister, that where applicable, the status of the applicant as a non-profit organization has been established, and properly recorded with the Registrar of Companies of the province; and (d) such further information and particulars as the minister may require. 13(3) Upon receipt of an application under this section, and upon receipt of such information and other data as the minister may require, the minister may issue a licence to the applicant. 13(4) A licence issued pursuant to an application made under this section is subject to such terms and conditions as may be set out in the licence and in the regulations. 13(5) A licence issued under this regulation is not transferable except with the approval of the minister. Requirement respecting floor area 13.1 No licence shall be issued under section 27 of the Act in respect of an elderly persons' housing unit that exceeds the following floor areas, measured from the centre line of the party walls and the outer side of the exterior or corridor walls enclosing the unit, but not including any bulk storage room: (a) in the case of a bachelor unit, 435 square feet; (b) in the case of a one bedroom unit, 585 square feet; (c) in the case of a two bedroom unit, 840 square feet. M.R. 219/97 14 No licence shall be issued under section 27 of the Act unless the applicant satisfies the minister that the accommodation complies with provincial health, fire, and safety regulations applicable to the accommodation to which the licence relates. Changes 15(1) Rentals or fees that are charged for elderly persons' housing units shall not be increased without the prior approval of the minister. 15(2) A licensee shall not change the use of accommodation from its original purpose without the approval of the minister. 15(3) A licensee shall not hand over the operation of an elderly persons' housing unit to another incorporated non-profit or charitable organization without the prior approval of the minister and the council of the municipality in the area of which the housing accommodation is situated. 15(4) Where it is proposed to hand over the operation of an existing elderly persons' housing unit, details of the proposal including a current financial statement certified by a qualified public accountant, shall be submitted by the current licensee to the minister. Inspection of licences 16 Any licence issued under the Act shall be made available for inspection by an authorized representative of the government.