Tenant Benefit Fund - The Metropolitan
Toronto Housing Company Limited.
The Community and Neighbourhood Services Committee recommends the adoption of the following communication (December 5, 1997) from the Corporate Secretary, The Metropolitan Toronto Housing Company Limited:
The Board of Directors of The Metropolitan Toronto Housing Company Limited at its meeting held on December 5, 1997, had before it a report (December 3, 1997) from the General Manager advising that the Tenant Benefit Fund was established in the early 1980s through the Seniors= Advisory Committee to the Board, as a by-law of the Housing Company; that the fund was to be used for the benefit of Housing Company tenants in the manner and to the extent determined from time to time by the Board of Directors; submitting Appendix "A" - the current By-law No. A-3 in this regard, Appendix "B", entitled "Tenant Benefit Fund - Terms of Reference", which describes a new structure for the Fund, devolving responsibility from the Board of Directors to the Tenant Council, and Appendix "C" - By-law No. A-16 which would amend the aforementioned By-law No. A-3; and recommending that:
(1) the Board of Directors approve the new structure for the Tenant Benefit Fund outlined in this report and its Appendices;
(2) By-law No. A-3 be amended in accordance with the draft amending by-law attached to this report as Appendix "C";
(3) the amending by-law enacted pursuant to Recommendation No. (2) be forwarded to the Clerk of the new City of Toronto for confirmation by the Council thereof; and
(4) the appropriate members of the Housing Company staff be authorized to take the necessary action to give effect to Recommendations Nos. (1) to (3).
The Board of Directors:
(i) adopted the aforementioned report; and
(ii) requested the General Manager:
(a) to submit a report to the Board of Directors in the fall of 1998 providing an update on the Tenant Benefit Fund, including the financial aspects thereof; and
(b) to forward a copy of this report and its Appendices to the Race Relations Committee and to each of the Tenant District Councils, for information.
CCCC
(Report dated December 3, 1997, addressed to the
Board of Directors, The Metropolitan Toronto Housing Company Limited,
from the General Manager)
Recommendations:
It is recommended that:
(1) the Board of Directors approve the new structure for the Tenant Benefit Fund outlined in this report and its Appendices;
(2) By-law No. A-3 be amended in accordance with the draft amending by-law attached to this report as Appendix C;
(3) the amending by-law enacted pursuant to Recommendation No. (2) be forwarded to the Clerk of the new City of Toronto for confirmation by the Council thereof; and
(4) the appropriate members of the Housing Company staff be authorized to take the necessary action to give effect to Recommendations Nos. (1) to (3).
Background:
The Tenant Benefit Fund was established in the early 1980s through the Seniors= Advisory Committee to the Board as a by-law of The Housing Company. The fund was to be used for the benefit of Housing Company tenants in the manner and to the extent determined from time to time by the Board of Directors (see Appendix A).
The fund=s revenue has been chiefly from polling stations located in Housing Company buildings. It has been used in the past for events such as the annual President=s luncheon and volunteer recognition festivities. More recently, expenditures have included printing and translation costs of biannual tenant newsletters developed by a committee of the Housing Company Tenant Council. The balance of the fund is approximately $48,000.00.
Several factors combine to make a tenant-driven process for the Tenant Benefit Fund timely. These are:
(1) Over the past three years the Resident Involvement Plan has developed structures for elected and responsible tenant representation at all levels of the organization.
(2) Resident Involvement is not funded by any level of government so there is reliance on a fund such as this to offset the costs of Resident Involvement.
(3) Polling station revenue, which was the chief source of income to the Tenant Benefit Fund, will be reduced or eliminated given new regulations for Municipal and Provincial elections. New sources of revenue need to be explored.
(4) Use of Space policy and guidelines have been developed and piloted (see separate report to this Board). Revenue from fees for Use of Space could become a significant source of revenue for the Tenant Benefit Fund. The governance of such a fund should be in the hands of tenant representatives, particularly as much of the fund is generated at the building level.
Comments:
Appendix B describes a new structure for the Tenant Benefit Fund, devolving responsibility from the Board of Directors to the Tenant Councils. The structure was developed by members of the Housing Company Tenant Council, with staff support. These members are: Elaric Kissoon, John Alleyne, Charles Hodge and Stewart McKeown. The Housing Company Tenant Council approved the proposed structure at their November 17, 1997, meeting.
Although every by-law passed by the Board of Directors becomes effective in accordance with its terms as soon as it is passed, its effectiveness will cease unless the by-law is confirmed at the next shareholders= meeting, which in the case of the Housing Company is a meeting of its shareholders' Council at which shareholder functions with respect to the Housing Company are carried out. Recommendation No. (3) therefore calls for transmittal of the enacted by-law to the Clerk of the new City for confirmation by the new Council in due course.
CCCC
Appendix A
THE METROPOLITAN TORONTO HOUSING COMPANY LIMITED
By-law No. A-3
BE IT ENACTED as a By-law of the Company that:
1. The Directors of the Company shall have power, by resolution, to fix the remuneration of the Auditor of the Company appointed by the shareholder.
2. (1) The Board of Directors shall appoint a Treasurer as an officer of the Company, who shall have such powers and perform such duties
(a) as are usually conferred upon a treasurer of a company; and
(b) as may be delegated to the Treasurer by the Board or required by law.
(2) Sections 3 and 4 shall not limit the generality of subsection (1).
3. (1) The Company shall
(a) continue to maintain the reserve accounts established by the Company's corporate predecessor AThe Metropolitan Toronto Housing Company Limited@ with the Company's bank and deposit therein each year monies equal to the annual credits allocated thereto pursuant to the Company's funding arrangements pending investment of such monies; and
(b) invest from time to time available monies in the reserve accounts described in clause (a) in such securities as may be acceptable to Canada Mortgage and Housing Corporation and the Ontario Ministry of Housing, and for such purpose, debentures issued by The Municipality of Metropolitan Toronto shall be deemed an eligible investment, subject to the approval of the said Canada Mortgage and Housing Corporation and the said Ministry.
(2) The monies of the reserves described in clause (1)(a) shall be applied as the Board of Directors may from time to time determine in accordance with the funding arrangements therein referred to.
4. (1) The Company shall
(a) continue to maintain the interest-bearing account established by the Company's corporate predecessor AThe Metropolitan Toronto Housing Company Limited@ with the Company's bank identified by the name ATenant Benefit Fund@ and deposit therein:
(i) all polling booth fees paid to the Company during the course of various government elections;
(ii) all donations, and grants appropriate for allocation, to such Fund; and
(iii) the proceeds of any investments made pursuant to clause (b);
(b) invest from time to time any funds deposited in the Tenant Benefit Fund described in clause (a) in such securities as may be permitted for trustees under the Trustee Act as amended from time to time.
(2) The monies of the Tenant Benefit Fund described in clause (1)(a) shall be applied to benefit the tenants at any of the buildings owned or operated by the Company in the manner and to the extent determined from time to time by the Board of Directors.
ENACTED this day of , 1993.
WITNESS the Corporate Seal of the Company.
PRESIDENT SECRETARY
Appendix B
Tenant Benefit Fund - Terms of Reference
The Tenant Benefit Fund shall consist of:
(1) The General Tenant Benefit Fund; and
(2) The District Tenant Benefit Funds.
(1) The General Tenant Benefit Fund (GTB):
The General Tenant Benefit (GTB) Fund shall be used for the benefit of tenants across the Housing Company and to support and strengthen the Resident Involvement Plan (RIP). The Fund shall be administered by the GTB Fund Committee, a standing committee of The Housing Company Tenant Council (HCTC).
(A) Functions of the GTB Fund Committee:
(i) To develop and promote ways of generating revenue for the Tenant Benefit Fund through fundraising, sponsorship, grants, etc.
(ii) To review all expenditure requests for approval or denial and to refer any requests on which it cannot reach a decision to the HCTC.
(iii) To review the GTB fund statement of revenue and expenditures, which will be updated on a quarterly basis, including a breakdown by District.
(iv) To report to the HCTC on a regular basis to review revenue and approved expenditures.
(v) Prepare an annual statement for Board presentation, in conjunction with the annual review of Use of Space.
(B) Membership of the GTB Fund :
(i) 4 HCTC members: One per District. At least one member must be a Board member. Each member will have an alternate.
(ii) 2 Housing Company Staff: Staff are ex officio members (no vote); each staff will have an alternate.
The term of office for tenants shall be three years, to correspond with the term of the HCTC. An interim committee shall be selected to act until the new HCTC is in place following the 1998 elections.
(C) Revenue to the GTB Fund:
(i) Proceeds from tenant benefit fundraisers.
(ii) Twenty-five percent of the proceeds from rental of common space in Housing Company buildings, including polling booths.
(iii) Honoraria, gifts or bequests to the Housing Company.
(iv) May include grants that support Resident Involvement.
(v) Accumulated interest from both the General and District Tenant Benefit Funds.
(D) Expenditure Guidelines for the GTB Fund:
(i) Support for tenant Board members.
(ii) Housing Company Tenant Council (HCTC) training or other functions.
(iii) Company-wide communications with tenants, including newsletters, tenant forums/consultations.
(iv) Company-wide RIP elections or other functions.
(v) Translation, interpretation, alternate formats, transportation or other access needs that support Resident Involvement.
(vi) May include administration of grants that support Resident Involvement.
(2) The District Tenant Benefit Funds:
The District Tenant Benefit (DTB) Funds shall be used for the benefit of tenants in the buildings and across the district, and to support and strengthen the Resident Involvement Plan (RIP) at the Building and District Level. The Fund shall be administered by the District Tenant Benefit Fund Committee, a standing committee of each District Council.
(A) Functions of the DTB Fund Committee :
(i) To develop and promote ways of generating revenue for the District Tenant Benefit Fund through fundraising, sponsorship, grants, etc.
(ii) To review expenditure requests for approval or denial and to refer any requests on which it cannot reach a decision to the District Council. Each District will need to determine under what conditions expenditures may be made at a building level without the approval of the DTB Fund Committee.
(iii) To review the DTB fund statement of revenue and expenditures, which will be updated on a quarterly basis, including a breakdown by building.
(iv) To report to the District Council on a regular basis to review revenue and expenditures.
(v) To prepare an annual statement to be brought to the District Council and forwarded to the HCTC in conjunction with the annual review of Use of Space.
(B) Membership of the DTB Fund Committee:
(i) 4 District Council members - One will be the District representative on the GTB Fund Committee of the HCTC. The remaining three will be selected in a way that represents the District portfolio.
(ii) Housing Company staff - Supervisor, Casework and Community Services, and all Community Development Workers in the District (two or three staff depending on the District). Staff are ex officio members (no vote).
The term of office for tenants shall be three years, to correspond with the term of the District Council. An interim committee shall be selected to act until the new HCTC is in place following the 1998 elections.
(C) Revenue to the DTB Funds:
(i) Proceeds from District tenant benefit fundraisers.
(ii) Seventy-five percent of the proceeds from rental of common space in buildings within the District, including polling booths.
(iii) Honoraria, gifts or bequests that are directed to a particular District.
(iv) May include grants to a specific District that support Resident Involvement.
(D) Expenditure Guidelines for the DTB Fund:
(i) Equipment, furnishings, etc., for building common areas (purchase, upkeep, insurance, replacement).
(ii) Beautification of building public areas including cultural materials.
(iii) Upgrades to building public areas.
(iv) Tenant involvement at the building level.
(v) Loans for enterprises that will benefit tenants.
(vi) District Council Training, materials, volunteer recognition, or other functions.
(vii) Translation, interpretation, alternate formats, transportation or other access needs that support Resident Involvement at the building or District level.
Appendix C
THE METROPOLITAN TORONTO HOUSING COMPANY LIMITED
By-law No. A-16
BE IT ENACTED as a By-law of the Company as follows:
1. Clause 4(1)(a) of By-law No. A-3 is repealed and the following substituted therefor:
A
(a) continue to maintain the interest-bearing account established by the Company=s corporate predecessor The Metropolitan Toronto Housing Company Limited with the Company=s bank identified by the name Tenant Benefit Fund and deposit therein:
(i) proceeds from events held for the purpose of raising funds to benefit tenants described in subsection (2);
(ii) proceeds from fees from the use of common space in Company buildings, including polling booths;
(iii) all donations, and grants appropriate for allocation, to such Fund; and
(iv) the proceeds of any investments made pursuant to clause (b).@
2. Subsection 4(2) of By-law No. A-3 is repealed and the following substituted therefor:
A
(2) The monies of the Tenant Benefit Fund described in clause (1)(a) shall be applied to benefit the residential tenants at any of the buildings owned or operated by the Company in the manner and to the extent determined from time to time by the Board of Directors, which may delegate to representatives of such tenants the power to make such determination in accordance with principles determined by the Board of Directors.@
ENACTED this 5th day of December, 1997.
WITNESS the Corporate Seal of the Company.
PRESIDENT SECRETARY
