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National Housing Strategy Act (S.C. 2019, c. 29, s. 313)

Act current to 2020-01-27 and last amended on 2019-07-09. Previous Versions

Federal Housing Advocate (continued)

Marginal note:Submissions – power to review issues

  •  (1) The Federal Housing Advocate may conduct a review of any systemic housing issue that is raised in a submission received under paragraph 13(f).

  • Marginal note:Submissions – power to request establishment of review panel

    (2) The Federal Housing Advocate may request that the National Housing Council establish a review panel to hold a hearing to review any systemic housing issue within the jurisdiction of Parliament that is raised in a submission received under paragraph 13(f).

  • Marginal note:Notice

    (3) The Federal Housing Advocate must inform the person or group that presented the submission whether or not any action will be taken under subsection (1) or (2).

  • Marginal note:Report

    (4) If the Federal Housing Advocate conducts a review of the systemic housing issue, he or she must, at the conclusion of the review, provide the Minister and the person or group that presented the submission with a report setting out the Advocate’s opinion on the issue and any recommendation to take measures — respecting matters over which Parliament has jurisdiction — to further the housing policy, including the progressive realization of the right to adequate housing, or the National Housing Strategy.

Marginal note:Power to request establishment of review panel

  •  (1) If the Federal Housing Advocate, at any time, identifies a systemic housing issue that is within the jurisdiction of Parliament and that is not the subject of a submission, he or she may request that the National Housing Council establish a review panel to hold a hearing to review the issue.

  • Marginal note:Summary of information

    (2) The Federal Housing Advocate must provide a review panel with a summary of the information that formed the Advocate’s basis for identifying the systemic housing issue.

Marginal note:Appointment

  •  (1) The Federal Housing Advocate is to be appointed by the Governor in Council to hold office during pleasure for a term of not more than three years.

  • Marginal note:Further term

    (2) The term may be renewed for one further term.

  • Marginal note:Advocate absent or unable to act

    (3) If the Federal Housing Advocate is absent or unable to act, the Minister may designate another person to act as the Federal Housing Advocate, but that person may act for a period of more than 90 days only with the approval of the Governor in Council.

  • Marginal note:Full-time

    (4) The Federal Housing Advocate performs his or her duties and functions on a full-time basis.

  • Marginal note:Remuneration and other expenses

    (5) The Federal Housing Advocate is to be paid the remuneration fixed by the Governor in Council and is entitled to be reimbursed in accordance with Treasury Board directives for the travel, living and other expenses incurred in connection with his or her work while absent from his or her ordinary place of work.

  • Marginal note:Federal public administration

    (6) The Federal Housing Advocate is deemed to be employed in the public service for the purposes of the Public Service Superannuation Act and to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and for the purposes of any regulations made under section 9 of the Aeronautics Act.

Marginal note:Administrative support

  •  (1) The Canadian Human Rights Commission is to provide the Federal Housing Advocate with any administrative services and facilities that are necessary to assist the Advocate in performing his or her duties and functions.

  • Marginal note:Contractual assistance

    (2) The Commission may, for the purposes of subsection (1), enter into contracts for the services of persons to assist the Advocate in performing his or her duties and functions.

Marginal note:Annual report

  •  (1) The Federal Housing Advocate must, within 30 days after the end of each fiscal year, submit a report to the Minister for that year that

    • (a) provides a summary of his or her activities, any submissions received, the results of the consultations and of any analysis, research and study; and

    • (b) contains recommended measures — respecting matters over which Parliament has jurisdiction and that take into account the housing policy — to address systemic housing issues.

  • Marginal note:Tabling in Parliament

    (2) The Minister must cause the report to be laid before each House of Parliament on any of the first 30 days after the Minister receives the report or, if either House is not sitting on the last day of that period, on any of the first 15 days on which that House of Parliament is sitting.

  • Marginal note:Publication

    (3) The Federal Housing Advocate may publish the report only after the report is laid before each House of Parliament.

Review Panels

Marginal note:Obligation to establish review panel

 The National Housing Council must establish a review panel if requested to do so by the Federal Housing Advocate.

Marginal note:Membership

  •  (1) A review panel is to consist of three members of the National Housing Council, other than ex officio members, to be appointed by the National Housing Council.

  • Marginal note:Factors to consider

    (2) In appointing members to a review panel, the National Housing Council is to take into consideration the importance of representation on the review panel of

    • (a) persons who are members of vulnerable groups;

    • (b) persons with lived experience of housing need, as well as those with lived experience of homelessness; and

    • (c) persons who have expertise in human rights.

Marginal note:Duties

 A review panel must

  • (a) hold a hearing to review the systemic housing issue in respect of which it was established;

  • (b) hold the hearing in a manner that offers the public, particularly members of communities that are affected by the issue and groups that have expertise in human rights and housing, an opportunity to participate;

  • (c) prepare a report that sets out the panel’s opinion on the issue and any recommendation to take measures — respecting matters over which Parliament has jurisdiction — to address the issue; and

  • (d) submit the report to the Minister.

Marginal note:Representations

 The Federal Housing Advocate is entitled to make representations and present proposals for recommendations to a review panel and may, for the purpose of doing so, work with communities that are affected by the issue that is before the review panel and with experts.

Accountability

Marginal note:Minister’s response

  •  (1) The Minister must respond to the annual report of the Federal Housing Advocate.

  • Marginal note:Tabling of response

    (2) The Minister must cause the response to be tabled in each House of Parliament on any of the first 120 days after the Minister has caused the annual report to be tabled in both Houses of Parliament or, if either House is not sitting on the last day of that period, on any of the first 15 days on which that House of Parliament is sitting.

Marginal note:Minister’s response to Advocate’s reports

 The Minister must respond to each report provided by the Federal Housing Advocate under paragraph 13(h) and subsection 13.1(4) within 120 days after the day on which it is received.

Marginal note:Minister’s response to review panel reports

  •  (1) The Minister must respond to a report submitted by a review panel under paragraph 16.3(d) within 120 days after the day on which it is received.

  • Marginal note:Tabling in Parliament

    (2) The Minister must cause the response to be laid before each House of Parliament on any of the first 30 days after the day on which it is provided to the review panel or, if either House is not sitting on the last day of that period, on any of the first 15 days on which that House of Parliament is sitting.

Marginal note:Triennial report

  •  (1) The Minister must, before March 31, 2021 and within every three years after that date, cause a report to be made on the effectiveness of the National Housing Strategy, with respect to the achievement of the desired outcomes, and the initiatives related to its implementation.

  • Marginal note:Tabling in Parliament

    (2) The Minister must cause the report to be laid before each House of Parliament on any of the first 30 days on which that House is sitting after the report is made.

 
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