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

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Act current to 2022-07-25 and last amended on 2020-03-25. Previous Versions

National Housing Act

R.S.C., 1985, c. N-11

An Act to promote the construction of new houses, the repair and modernization of existing houses, and the improvement of housing and living conditions

Short Title

Marginal note:Short title

 This Act may be cited as the National Housing Act.

  • R.S., c. N-10, s. 1

Interpretation

Marginal note:Definitions

 In this Act,

approved instalment credit agency

approved instalment credit agency[Repealed, R.S., 1985, c. 25 (4th Supp.), s. 1]

approved lender

approved lender means a person designated as an approved lender by the Corporation under section 5; (prêteur agréé)

approved loan

approved loan[Repealed, 1999, c. 27, s. 1]

bank

bank[Repealed, R.S., 1985, c. 25 (4th Supp.), s. 1]

borrowers’ charges

borrowers’ charges[Repealed, R.S., 1985, c. 25 (4th Supp.), s. 1]

builder

builder means a person who builds houses for sale or for rent; (constructeur)

condominium unit

condominium unit[Repealed, 1999, c. 27, s. 1]

cooperative housing project

cooperative housing project[Repealed, 1999, c. 27, s. 1]

Corporation

Corporation means the Canada Mortgage and Housing Corporation established by the Canada Mortgage and Housing Corporation Act; (Société)

cost of construction

cost of construction means the aggregate of

  • (a) the cost or appraised value of the land, whichever is the lesser, or, in the case of land acquired by gift or devise, the appraised value of the land,

  • (b) actual expenditure for building,

  • (c) the architectural, legal and other expenses and carrying charges necessary to complete the house or housing project,

  • (d) where work is done by the owner, such amount as the Corporation may fix as the value of the work, and

  • (e) land development costs and carrying charges; (coût de construction)

cost of construction of a family housing unit

cost of construction of a family housing unit[Repealed, 1999, c. 27, s. 1]

cost of conversion

cost of conversion[Repealed, 1999, c. 27, s. 1]

designated area

designated area[Repealed, 1999, c. 27, s. 1]

family housing unit

family housing unit means a unit providing therein living, sleeping, eating, food preparation and sanitary facilities for one family, with or without other essential facilities shared with other family housing units; (logement familial)

family of low income

family of low income means a family that receives a total family income that, in the opinion of the Corporation, is insufficient to permit it to rent housing accommodation adequate for its needs at the current rental market in the area in which the family lives; (famille à faible revenu)

farm

farm[Repealed, 1999, c. 27, s. 1]

guaranteed home improvement loan

guaranteed home improvement loan[Repealed, R.S., 1985, c. 25 (4th Supp.), s. 1]

home improvement loan

home improvement loan[Repealed, R.S., 1985, c. 25 (4th Supp.), s. 1]

house

house means a building or movable structure, or any part thereof, that is intended for human habitation and contains not more than two family housing units, together with any interest in land appurtenant to the building, movable structure or part thereof; (maison)

housing project

housing project means

  • (a) any building or movable structure, or any part thereof, that is intended for human habitation,

  • (b) any property that is intended to be improved, converted or developed to provide housing accommodation or services in support of housing accommodation, or

  • (c) any property that is associated with housing accommodation, including, without limiting the generality of the foregoing, land, buildings and movable structures, and public, recreational, commercial, institutional and parking facilities; (ensemble d’habitation)

Indian

Indian[Repealed, 1999, c. 27, s. 1]

Indian band

Indian band[Repealed, 1999, c. 27, s. 1]

insured loan

insured loan means a loan that is insured by the Corporation under Part I; (prêt assuré)

lender

lender[Repealed, 1999, c. 27, s. 1]

lending value

lending value[Repealed, 1999, c. 27, s. 1]

limited-dividend housing company

limited-dividend housing company means a company incorporated to construct, hold and manage a low-rental housing project, the dividends payable by which are limited by the terms of its charter or instrument of incorporation to five per cent per annum or less; (société immobilière à dividendes limités)

low-rental housing project

low-rental housing project means a housing project undertaken to provide decent, safe and sanitary housing accommodation, complying with standards approved by the Corporation, to be leased to families of low income or to such other persons as the Corporation,

  • (a) in its discretion, in the case of a housing project owned by it, or

  • (b) under agreement with the owner, in the case of a housing project not owned by it,

designates, having regard to the existence of a condition of shortage, overcrowding or congestion of housing; (ensemble d’habitation HLM ou HLM)

metropolitan area

metropolitan area means a city together with one or more adjacent municipalities in close economic relationship with the city; (communauté urbaine)

Minister

Minister means such member of the Queen’s Privy Council for Canada as is designated by the Governor in Council as the Minister for the purposes of this Act; (ministre)

mortgage

mortgage[Repealed, 1999, c. 27, s. 1]

multiple-family dwelling

multiple-family dwelling[Repealed, 1999, c. 27, s. 1]

municipality

municipality means an incorporated city, metropolitan area, town, village, county, township, district, rural municipality or other municipality; (municipalité)

non-profit corporation

non-profit corporation means a corporation, no part of the income of which is payable to or is otherwise available for the personal benefit of any proprietor, member or shareholder thereof; (association personnalisée)

official community plan

official community plan means a master plan of community development and land utilization prepared by a local planning authority and legally adopted by or on behalf of a municipality; (plan d’urbanisme)

one-family dwelling

one-family dwelling[Repealed, R.S., 1985, c. 25 (4th Supp.), s. 1]

owner

owner[Repealed, 1999, c. 27, s. 1]

person

person includes a group of persons, an organization, a municipality or a department or agency of the government of Canada or of a province; (personne)

regulation

regulation[Repealed, 2012, c. 19, s. 350]

rent reduction fund

rent reduction fund[Repealed, 1999, c. 27, s. 1]

rental housing project

rental housing project means a housing project occupied or intended to be occupied primarily by a person other than the owner. (ensemble d’habitation locatif)

reserve

reserve[Repealed, 1999, c. 27, s. 1]

semi-detached dwelling

semi-detached dwelling[Repealed, R.S., 1985, c. 25 (4th Supp.), s. 1]

title

title[Repealed, R.S., 1985, c. 25 (4th Supp.), s. 1]

  • R.S., 1985, c. N-11, s. 2
  • R.S., 1985, c. 20 (2nd Supp.), s. 7, c. 25 (4th Supp.), s. 1
  • 1992, c. 1, s. 142, c. 32, s. 5
  • 1994, c. 35, s. 38
  • 1999, c. 27, s. 1
  • 2012, c. 19, s. 350

Marginal note:Debts treated as loans

  •  (1) For the purposes of this Act, a transaction by which a person becomes indebted to a creditor is to be treated as the making of a loan from the creditor to the person.

  • Marginal note:Persons treated as owner

    (2) If the Corporation is of the opinion that the circumstances so warrant, a lessee, a purchaser under an agreement or an occupant may be treated as an owner for the purposes of this Act.

  • 1999, c. 27, s. 2

Purpose

Marginal note:Purpose

 The purpose of this Act, in relation to financing for housing, is to promote housing affordability and choice, to facilitate access to, and competition and efficiency in the provision of, housing finance, to protect the availability of adequate funding for housing at low cost, and generally to contribute to the well-being of the housing sector in the national economy.

  • R.S., 1985, c. N-11, s. 3
  • 1992, c. 32, s. 6
  • 1999, c. 27, s. 2

Rights and Obligations of the Corporation

Marginal note:Her Majesty has rights and obligations of the Corporation

 Every right or obligation acquired or incurred by the Corporation under this Act, whether in its name or in the name of Her Majesty, is a right or obligation of Her Majesty.

  • R.S., c. N-10, s. 4

 [Repealed, 1999, c. 27, s. 3]

Approved Lenders

Marginal note:Designation

  •  (1) The Corporation may designate any person as an approved lender for the purposes of this Act.

  • Marginal note:Term of designation

    (2) The designation of an approved lender and any renewal of that designation are in force for any period that the Corporation may specify.

  • Marginal note:Conditions and restrictions

    (3) The Corporation may, at any time, establish conditions and restrictions applicable to an approved lender.

  • Marginal note:Suspension

    (4) The Corporation may, at any time, suspend or cancel the designation of an approved lender.

  • Marginal note:Fees

    (5) The Corporation may establish schedules of fees payable by approved lenders in relation to their designation and supervision.

  • Marginal note:Regulations

    (6) The Governor in Council may, on the recommendation of the Minister of Finance, make regulations respecting the designation of approved lenders, including regulations establishing criteria that a person must meet in order to be so designated.

  • R.S., 1985, c. N-11, s. 5
  • R.S., 1985, c. 25 (4th Supp.), s. 2
  • 1999, c. 27, s. 3
  • 2011, c. 15, s. 22

Marginal note:Powers of approved lenders

  •  (1) Subject to subsection (2), an approved lender who is subject to the jurisdiction of Parliament may, notwithstanding any restrictions on the power of the lender contained in any other statute or law,

    • (a) make loans on such terms and conditions as are provided for by or under this Act;

    • (b) acquire from the Corporation any secured obligation in favour of the Corporation that is to be insured or guaranteed by the Corporation after it is acquired;

    • (c) dispose of or acquire insured loans together with the security taken in respect of those loans;

    • (d) pledge an insured loan with the Corporation or an approved lender to secure the repayment of money borrowed, and borrow money from the Corporation or an approved lender on the security of an insured loan;

    • (e) administer an insured loan for and on behalf of the holder of the loan; and

    • (f) on such terms and conditions as are specified by the Corporation, act as agent for the Corporation in the exercise of any of the Corporation’s powers and functions under Part I and in the making or administering of loans that the Corporation is authorized to make.

  • Marginal note:Restriction of powers

    (2) The Corporation may restrict the powers that an approved lender may exercise under subsection (1).

  • R.S., 1985, c. N-11, s. 6
  • 1999, c. 27, s. 3

PART IHousing Loan Insurance, Guarantee and Protection

Marginal note:Definitions

 The following definitions apply in this Part.

Chairperson of the Canada Deposit Insurance Corporation

Chairperson of the Canada Deposit Insurance Corporation[Repealed, 2016, c. 7, s. 171]

Commissioner of the Financial Consumer Agency of Canada

Commissioner of the Financial Consumer Agency of Canada means the Commissioner of the Financial Consumer Agency of Canada appointed under section 4 of the Financial Consumer Agency of Canada Act. (commissaire de l’Agence de la consommation en matière financière du Canada)

Governor of the Bank of Canada

Governor of the Bank of Canada means the Governor of the Bank of Canada appointed under section 6 of the Bank of Canada Act. (gouverneur de la Banque du Canada)

housing loan

housing loan means a loan that

  • (a) relates to a housing project;

  • (b) is secured at least in part by security on or affecting a housing project or by an agreement relating to the use, occupancy or disposal of a housing project;

  • (c) is made for the purpose of acquiring a financial interest in a person who, directly or indirectly, owns, leases or operates a housing project; or

  • (d) is made for the purpose of refinancing a debt that the Corporation is of the opinion relates to a housing project or to a financial interest referred to in paragraph (c). (prêt à l’habitation)

Superintendent

Superintendent means the Superintendent of Financial Institutions appointed under section 5 of the Office of the Superintendent of Financial Institutions Act. (surintendant)

  • R.S., 1985, c. N-11, s. 7
  • R.S., 1985, c. 25 (4th Supp.), s. 3
  • 1992, c. 32, s. 8(F)
  • 1999, c. 27, s. 3
  • 2012, c. 19, s. 351
  • 2016, c. 7, s. 171
 
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