(1) An entity listed in subsection 4 (2) of the Act is an eligible public organization for the purposes of receiving financing from the Corporation only if,
(a) the proposed financing is authorized by the entity and is consistent with the terms of any Act or regulation governing the entity;
(b) in the case of an entity that is a co-operative housing provider referred to in paragraph 5 of subsection 4 (2) of the Act, the entity has no projects under programs managed and administered by the Canada Mortgage and Housing Corporation that are specified in subsection (2);
(c) in the case of a corporation with share capital that is prescribed under clause 28 (1) (a) of the Ontario Infrastructure Projects Corporation Act, 2006 immediately before the repeal of that Act, the conditions in subsection (3) are satisfied;
(d) in the case of a corporation without share capital that is prescribed under clause 28 (1) (a) of the Ontario Infrastructure Projects Corporation Act, 2006 immediately before the repeal of that Act, the conditions in subsection (4) are satisfied;
(e) in the case of a corporation that is prescribed under clause 28 (1) (a) of the Ontario Infrastructure Projects Corporation Act, 2006 immediately before the repeal of that Act and is an affiliate, for the purposes of the Business Corporations Act, of a corporation referred to in clause (c) or (d), the incorporation of the affiliate is consistent with the terms of the legislation governing the corporation referred to in clause (c) or (d);
(f) in the case of a not-for-profit educational institution for the arts that is prescribed under clause 28 (1) (a) of the Ontario Infrastructure Projects Corporation Act, 2006 immediately before the repeal of that Act, the conditions in subsection (5) are satisfied; and
(g) in the case of an entity that is a not-for-profit organization that benefits the public, referred to in paragraph 8 of subsection 4 (2) of the Act, the entity is prescribed as an eligible public organization under section 3.1 of this Regulation and the financing is used for an infrastructure purpose that benefits the public. O. Reg. 210/11, s. 3 (1); O. Reg. 335/11, s. 3.
(2) The following programs are specified for the purposes of clause (1) (b):
1. The 1973-1978 Co-operative Housing "Low Charge" Program delivered under section 61 of the National Housing Act (Canada).
2. The 1979-1985 Co-operative Housing "2% Mortgage" Program delivered under section 95 of the National Housing Act (Canada).
3. The Post 1985 Federal Co-operative Housing Index Linked Mortgage (ILM) Program delivered under section 95 of the National Housing Act (Canada). O. Reg. 210/11, s. 3 (2).
(3) The conditions referred to in clause (1) (c) are the following:
1. The corporation must be incorporated or continued by special statute.
2. One or more municipalities or a municipal corporation must hold shares of the corporation and no other person or entity except the Crown in right of Ontario and the Crown in right of Canada may hold shares of the corporation. O. Reg. 210/11, s. 3 (3).
(4) The conditions referred to in clause (1) (d) are the following:
1. The corporation must be incorporated or continued by special statute.
2. The board of directors of the corporation must contain members who are appointed or nominated by one or more municipal councils, either alone, or together with members appointed or nominated by both the Crown in right of Ontario and the Crown in right of Canada or members appointed or nominated by the Crown in right of Ontario. O. Reg. 210/11, s. 3 (4).
(5) The conditions referred to in clause (1) (f) are the following:
1. The institution's principal purpose is to provide professional study or training in the arts.
2. The institution has an educational component that is eligible for funding by the Province of Ontario Council for the Arts as established by the Arts Council Act. O. Reg. 210/11, s. 3 (5).