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HomeMy WebLinkAboutTR-104-84 4 CORPORATION OF THE TOWN OF NEWCASTLf TREASURY DEPARTMENT K. CAMPBELL, C.A.,TREASURER 44 TEMPERANCE STREET TEL.(416) 623-3379 BOWMANVILLE, ONTARIO L1 C 3A6 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF DECEMBER 17 1984 REPORT NO.: TR-104-84 SUBJECT: TRUST FUND FOR ONTARIO HOME RENEWAL PROGRAM RECOMMENDATION: It is respectfully recommended that the General Purpose and Administrative Committee recommend to Council the following: 1. That this report be received, and 2. That the attached by-law to establish a trust fund for the purposes of the Ontario Home Renewal Program by approved. BACKGROUND AND COMMENT: Staff received correspondence from the Ministry of Municipal Affairs & Housing directing municipalities to adopt a by-law to establish a trust fund for the purposes of the Ontario Home Renewal Program by January 1st 1985. Therefore, pursuant to the Ontario Regulation 506/80 governing the administration of OHRP funds, amended April 1984, staff have prepared a by-law, ( see attached) , for the establishment of a trust fund for monies received under OHRP and permits OHRP funds to be invested in certain securities when not required for immediate use for loans to homeowners. i 4.0 t r � 1 2 - TR-104-84 Staff have also included an excerpt from Ontario Regulations 506/80, as amended, and an excerpt from section 26 of the Trustee Act, for Committee' s information. Respectfully submitted, l. Kathryn . Campbell , C.A. ,B.Comm., Treasurer *gf Attachment (5) \/ and Housing =---- , Ontario 416/585-6400 May 24, 1984 r To: All .Clerks or Clerk-Treasurers Re: Ontario Home Renewal Program - . , (Ontario Regulation 227/84 amending Regulation 506" R.R.O. 1980 made under the Housing Development Act) In the past, municipal treasurers and auditors have _. commented that with -respect to funds received under the - Ontario Home Renewal .Program "(OHRP) , it would appear snore - appropriate for municipalities to maintain the moneys as a trust- fund as opposed to. a reserve fund. It is further recognized that the "present reserve -fund designation tends to overstate the year-end balance sheet in respect to. assets pertaining to the municipality. - -It has also been noted that some municipalities were of - -the opinion that moneys -received under. OHRP, and not required immediately for loans to homeowners, could be - loaned temporarily for revenue fund purposes or invested in any class of securities mentioned in sections 26 and 27 of the Trustee Act. Nevertheless, the intent has always been that there should be a distinct separation of OHRP funds from the general funds of the municipality. In view of the above, Ontario Regulation 506/80, which governs the .administrationof OHRP. funds, ..has been amended to: (a) -. .require -the establishment of -a trust-fund for all moneys received under OHRP; (b) require, pending the investment of any :trust money, the deposit of any OHRP funds in an interest bearing account .with any chartered bank ..of Canada, any .::-. Province of Ontario Savings Office, any trust company or loan corporation that is registered under the- Loan and Trust Corporations Act, -. or in any -credit union as defined in the Credit Unions and Caisses Populaires Act (refer to section 28- of 'the Trustee Act) ; and - 12 . -7 7 � f t 2 (c) permit investment of any portion of the trust fund, not required .for immediate use for loans to home- owners, in securities mentioned under clauses .26(e) , (g) , and (h) of the Trustee Act. For more detailed reference,: we attach a copy of sections. 2, 3 and 4 of Regulation 506/80 as amended, which - incorpo- rates all the revisions made under Regulation 227/84 and a copy of sections 26(e) , (g) and (h) of the Trustee Act. The OHRP "Municipal Responsibilities and Functions Guide", "Financial Procedures Bulletin 5 -- Reserves, Reserves Funds, Allowances and other Special Funds", "Financial Information Return" and the Municipal Financial Reporting Handbook" which now refer to the , establishment of a reserve .fund will be .amended to .reflect :these changes in the next update of these _publications.: .. In order to accommodate the transition from a reserve fund to a trust fund, we would suggest this change be instituted effective -January .1, 1985. A mid-year status change becomes rather complex because of the- non-consolidation .of trust funds and would also necessitate- an audit opinion of -the reserve fund and trust fund operations for portions of the year. In respect to- existing deposit accounts or investments that do not meet the --criteria of (b) or (c) .above, it: is expected that all municipalities will take steps to .conform with this requirement by January 1, 1985. If your municipality has any difficulty in implementing the above- or requires further clarification regarding the changes, please contact C.B.- Carr,- Manager, Program .. . : Administration (phone'- 416/585-6430) . _ .Yours, truly;:- D.A. Murray ilson Assistant :G neral Manager,;:OHC.; r..- _ Field Operations Attachment cc:!° -All',Municipal '.Auditors '_ C:B. CARR.arb Sec_26 (e) , (g) and (h) as Extracted from the Trustee Act, RSO 1980 , c_512 INVESTMENTS 26. A trustee may invest any trust mone}' in his hands in^utborizeci the classes of securities mentioned in this section, but only if'nvescmenu the investment is in other respects reasonable and proper, (e) guaranteed investment certificates of any trust con)-trust pang• that is registered under the Loan and Truslguarpaanieed Corporations Ad: investments chartered (g) deposit receipts, deposit notes, certificates of deposits, banks acceptances and other similar instruments issued or mia-S)• endorsed bran.'chartered bank to which the Bank Act c-40 Wan.) (Canada) applies; and credit union (h) term deposits accepted b% a credit union as defined in . trrin depusits - I R.s.o. 19rto. the Credit Unions and Caisses Populaires Act. C to' R.S.O. 1970, c. 470, s. 26; 1980, c. 6, s. 6 (1). - R 7 J Exzracz from Ontario Regulation 506/80 under- the Housing Development Act as amended by Regulation 227/84 _ 2-0) The Miniswr may make annual grant.,up to an amount based on t}it popul ation of the munici- 4- Every municipality that receive:a grant under pality as shown in the municipal directory prepared by the Ministry his Regulation shall, ry of Intergovernmental Affairs for the " year in which the grants are made multiplied by the appropriate amount as set out in Schedule] to munici (al ensure that there be taken in the name of the palities that make application fora c municipality as sccurity for any loan,includ-- ance with Form I and attach with the application,in ing the forgivable and rr ayablr portions P (a) certified copies of all by-laws passtd under thereof, a lien as proyidrd for by subsection 3 (1)of the Act or a promissory note as pro- --ection 43 of the Planning Arl or under vided for by subsection 3(4)of the Act; any private Act of the Province of Ontario or,where no such by-laws have been passed. IM eaahli.h a trot fund and drt.osit in it all certified copies of all resolutions of the nionc'ys tcirived urSdc•r this Rcy:uJatiun, all council of the applicant municipality per- uuuuh's rcicired in nla.mrnt.,f)uau,made taining to building maintenance, health, under this Kr>ul ttiun, and all interest - safety'and sanitary conditions; act•ruinr: thereon; (b) where the applicant is an area municipality [Ga) Ix aAuw-ell to im r>t:ntv pert of the trust fund within a regional area,a certified cop} of a nut rertuind for imnu,liatr use for loan, resolution of the council of the regional un-Irr stc•SCutt,3 in u,yt•rimrr,ta authurizcd for municipality confirming that the regional a IruAve under Clauses 26 tr), (g)and 01 of municipality will not be making an appli- the Tnc.ilre:lrl: cation.for an annual grant; and (c) provide the Minister with whatever infor- (t) a certified copy of a resolution of the council mation,records or accounts hr may require of the applicant municipality authorizing the application. O. Reg. 688:74,s.2 (I) pertaining to any application. loan or any other matter provided for in this Regula- � Lion:and (1) Where the applicant is a regional municipality (d) be allowed to retain out of the grant to , � the computation of grants shall be based on the population of each constituent area municipality. the municipality as charges for•the prose»- ing of loans amounts calculated as set out t3+ When a-municipality us any part of the trust in Schedule 3;and es fund. ,tablishrd by that municipality under elausc 4 IN for a purpose other than, (e) ensure that when thin are by-laws as re- ferred to in clause 2 (1) (a) loans shall be 6rS the purlKnSex fair which the trust fund was made to bring dwellings up to the standards J rstahlislied.or set out in the by-laws,or Where there are no t such by-laws, loans shall be made to bring i tb) inve-ziments permitted by clause 4 (bat, dwellings up to the standards set out in the resolutions referred to in clause 1(I).(e). O the Minister may, require the municipality to repay Reg. 688!74, s. 4; O.Reg. 749ns, s. 3; that part of the trust fund to the Province of O-Reg-776176,s.2_ Ontario. O. Reg. 21;IS4. e. .1• 3. (1) It is a tundition attaching to all grants made M the llinistcr to a municipality under the is matltio.. f eta[ the mnht in Ilu trust fund rstahlishe.l un,kr cl.tusr a It lie u-c,l by the municipalit% only to make loan-,each in an amount nut ext-rding�i•s(x),subj,c1 to subsection [2), tcss any amounts rrccieed thruu>;h Federal fundinz, to oxrurs who. (a) make application in Form 2; • (b) reside in the municipality;and Ir) qu:dify for a L.an under Ihi. I{tculaliun lu ' avdsl in the rcletir, rchal+ilitatiun 'ar>.l impruvrment of real pn,l,erty used fur rni- sIrntial purlr,se„and uctupit-tl by its owner_ U. Reg. 22;1x4,s 2. THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 84- Being a by-law to establish a trust fund for the purposes of the Ontario Home Renewal Program. WHEREAS the method of accounting for the purposes of the Ontario Home Renewal Program (hereafter referred to as OHRP) has been revised to require the establishment of a trust fund. WHEREAS the Minister of Municipal Affairs and Housing by Ontario Regulation 227/84 filed on April 10, 1984, among other things; (a) requires the establishment of a trust fund for all monies received under OHRP; (b) requires pending the investment of any trust money, the deposit of any OHRP funds in an interest bearing account with any chartered bank of Canada, any Province of Ontario Savings Office, any trust company or loan corporation that is registered under The Loan and and Trust Corporation Act, or in any credit union as defined in The Credit Unions and Caisses Populaires Act (refer to section 28 of The Trustees Act); and (c) permits investment of any portion of the trust fund, not required for immediate use for loans to homeowners, in securities mentioned under clauses 26(e),(g) and (h) of The Trustee Act. NOW THEREFORE, the Council of the Corporation of the Town of Newcastle ENACTS as follows: 1. THAT the OHRP reserve fund accounts and records of the municipalities be changed effective January 1st 1985 to give due effect to the operation of the trust fund and the conduct of the Ontario Home Renewal Program in accordance with Ontario Regulation 227/84. 2. THAT the balance of the OHRP monies in the reserve fund bank account or any other deposit account be transferred on January 1st 1985, to a new and separate deposit account to be operated in the Bank as the OHRP trust fund account. 3. THAT the Mayor and the Treasurer are hereby authorized to sign on behalf of the municipality such instruments as the Bank requires for the due operation of the said Trust deposit account. 4. THAT this by-law shall come into force on January 1st 1985. READ a first and second time this day of 1984. READ a third and final time this day of 1984. Mayor Clerk