National Housing Act (R.S.C., 1985, c. N-11)

Loans

Marginal note:Loans for new communities

• 85 (1) The Corporation may, on the application of a province, and with the approval of the Governor in Council, make a loan to the province, or an agency or a corporation designated by the province, to be used for the purpose of

  • (a) acquiring lands for a new community, including land to be used for transportation corridors linking the community to other communities or for public open space in or around the new community or separating it from any other community;

  • (b) planning the new community; and

  • (c) designing and installing utilities and other services that are required for the development of the community and normally publicly owned.

• Marginal note:Prerequisites for making loan

  (2) No loan shall be made under this section unless

  • (a) the province applying for the loan

    • (i) designates the agency or corporation that will be responsible for the planning and development of the new community, if the loan is to be made to the province and not to that agency or corporation,

    • (ii) indicates the measures to be taken to ensure that the public will receive any economic benefits that may be obtained from the lands and services in respect of which loans are made under this section, and

    • (iii) indicates its plans for urban growth, including the location, size and order of development of other new communities; and

  • (b) those measures and plans are satisfactory to the Corporation.

• (3) [Repealed, 1999, c. 27, s. 15]

Marginal note:Reduction of indebtedness by forgiving payment

86 Where the Corporation is satisfied that part of a loan made under section 85 has been used for the purpose of

• (a) planning a new community, or

• (b) acquiring land used for recreational or other community social facilities,

the Corporation may forgive payment by the borrower of an amount not exceeding fifty per cent of the part of the loan that was used for that purpose.

PART XIILoans for Student Housing Projects

Definition of charitable corporation

87 In this Part, charitable corporation means a corporation constituted exclusively for charitable purposes no part of the income of which is payable to, or is otherwise available for the personal benefit of, any proprietor, member or shareholder of the corporation.

Marginal note:Loans, etc., for student housing projects

• 88 (1) Subject to subsection (2), the Corporation may make loans and contributions to provinces or agencies thereof, municipalities or agencies thereof, hospitals, school boards, universities, colleges, cooperative associations or charitable corporations in respect of housing projects for students and their families, and may forgive amounts owing on those loans.

• Marginal note:Provincial approval

  (2) Loans or contributions may be made and amounts owing on those loans may be forgiven under this section only with the approval of the government of the province where the corresponding rental housing project is, or will be, located.

• Marginal note:Exception

  (3) Subsection (2) does not apply to loans and contributions to a province or the forgiving of amounts owing on those loans.

• Marginal note:Terms and conditions

  (4) The Corporation may determine the terms and conditions on which it makes a loan or contribution or forgives an amount under subsection (1).

89 and 90 [Repealed, 1999, c. 27, s. 16]

PART XIIICommunity Services

Marginal note:Contributions for community services

• 91 (1) The Corporation may, under such terms and conditions as are determined in accordance with an agreement entered into with a province, pay to the province or any local government authority or body established by or under the law of the province contributions, in respect of each program period defined in the agreement, for the purpose of reimbursing expenditures incurred, or paying for the results obtained, in the provision, development, extension and improvement of such community services as are determined pursuant to the agreement.

• Marginal note:Allocation of contributions

  (2) Contributions pursuant to subsection (1) shall be allocated among local government authorities or bodies declared eligible for those contributions pursuant to and in the manner determined pursuant to the agreement referred to in that subsection.

• Marginal note:Approval by Governor in Council

  (3) An agreement referred to in subsection (1) shall have no force or effect unless it is approved by order of the Governor in Council.

PART XIVHousing Development

Marginal note:Powers of Corporation

• 92 (1) The Corporation may

  • (a) acquire land or housing projects by way of purchase, lease or otherwise;

  • (b) install services in and effect improvements to or in respect of land acquired by it and develop and lay out the land for housing purposes;

  • (c) construct, convert or improve housing projects; and

  • (d) acquire building materials and equipment and other personal property for use in connection with housing projects.

• Marginal note:Idem

  (2) The Corporation may

  • (a) hold, operate, manage, heat, maintain, supervise, alter, renovate, add to, improve, repair, demolish and salvage properties acquired by the Corporation;

  • (b) acquire from Her Majesty the leasehold or other interest of Her Majesty in houses or housing projects;

  • (c) manage housing projects and provide services related to housing projects;

  • (d) obtain the participation of municipalities in housing projects; and

  • (e) enter into contracts to carry out and do other acts or things incidental to the purposes of this section.

• (3) and (4) [Repealed, R.S., 1985, c. 25 (4th Supp.), s. 27]

• Marginal note:Property subject to Canada Mortgage and Housing Corporation Act

  (5) Property acquired by the Corporation pursuant to this section and the proceeds of sale thereof and the revenue therefrom are subject to the Canada Mortgage and Housing Corporation Act.

• (6) [Repealed, R.S., 1985, c. 25 (4th Supp.), s. 27]

• (7) [Repealed, 1999, c. 27, s. 18]

• (8) and (9) [Repealed, 1992, c. 32, s. 45]

Marginal note:Contracts with builders to encourage construction

• 93 (1) The Corporation may enter into contracts with builders to encourage the construction of houses to be sold to prospective home owners.

• Marginal note:Conditions under which contracts made to encourage construction

  (2) A contract may be entered into under subsection (1) only with respect to houses the construction of which is assisted by loans made pursuant to this Act, and the contract shall provide that

  • (a) the builder shall finance the construction of the houses under the provisions of this Act;

  • (b) the builder shall offer each of the houses for sale at a price not in excess of the price fixed in the contract; and

  • (c) the Corporation shall, in consideration of the payment by the builder of such amount as the Governor in Council may prescribe, agree that any house built pursuant to the contract and remaining unsold will, within one year after the date of completion thereof, be purchased from the builder by the Corporation at a price fixed in the contract.

• Marginal note:Further conditions

  (3) A contract with a builder entered into under this section may provide

  • (a) that, during such period as the Corporation requires, the builder shall offer the houses for sale only to veterans or persons engaged in the production of defence supplies as defined in the Defence Production Act; and

  • (b) that such other things shall be done as the Corporation deems necessary in order to carry out the intent of this section and to safeguard the interests of the Corporation.

• Definition of veteran

  (4) For the purpose of this section, “veteran” means a person who had been paid or is entitled to be paid a war service gratuity under the War Service Grants Act, chapter W-4 of the Revised Statutes of Canada, 1970, and includes a person who served on active service

  • (a) in any of the naval or army forces of Newfoundland or, having been recruited in Newfoundland, in any of the naval, army or air forces raised in Newfoundland by or on behalf of the United Kingdom; or

  • (b) in any naval, army or air forces of His Majesty, other than those referred to in paragraph (a), in which the person enlisted when domiciled in Newfoundland.

94 [Repealed, 1999, c. 27, s. 20]

Marginal note:Loans, etc., for capital and operating costs

• 95 (1) The Corporation may make loans and contributions to assist with the payment of the capital and operating costs of housing projects, and may forgive amounts owing on those loans.

• Marginal note:Terms and conditions

  (2) The Corporation may determine the terms and conditions on which it makes a loan or contribution or forgives an amount under subsection (1), including, without limiting the generality of the foregoing,

  • (a) conditions with respect to the operation or occupancy of a housing project;

  • (b) restrictions on the disposal, leasing or charging of the project or any part of it or interest in it;

  • (c) limits on the amount of the financial return that may be made from the project; and

  • (d) provisions giving the Corporation the right to direct the use of any amount received in excess of any limits referred to in paragraph (c).

PART XVGeneral

• 96 (1) and (2) [Repealed, R.S., 1985, c. 25 (4th Supp.), s. 28]

• (3) [Repealed, 1992, c. 32, s. 47]

Marginal note:Condition re sale, etc.

• 97 (1) It is a condition of every agreement respecting the operation of a housing project to which the Corporation is a party that the housing project or any part thereof must not, during the term of the agreement and any extension thereof, be

  • (a) sold or otherwise disposed of,

  • (b) leased for a term of more than three years, or

  • (c) charged, in any manner whatever, for the purpose of securing payment of a debt or performance of any obligation,

  without the consent of the Corporation, except in such circumstances as are prescribed by regulation.

• Marginal note:Other conditions allowed

  (2) For greater certainty, the condition set out in subsection (1) is in addition to and not in derogation of any other condition required or permitted by this Act.

• Marginal note:Registration of agreement

  (3) Subject to the payment of any applicable fees, the Corporation may, in accordance with the ordinary procedure for registering documents that may affect land or interests in land, cause any agreement respecting the operation of a housing project to which the Corporation is a party to be registered on the title of the housing project.

• Marginal note:Notice

  (4) Registration of any agreement referred to in subsection (3) constitutes notice of the agreement to the same extent as does the registration of any other instrument that affects land or interests in land.