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

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Act current to 2022-07-13 and last amended on 2020-03-25. Previous Versions

PART IXHousing Research, Community Planning and International Support (continued)

Marginal note:Technical research and investigation, etc.

  •  (1) Subject to subsection (2), the Corporation may

    • (a) cause to be prepared and undertaken, directly or in cooperation with other departments or agencies of the Government of Canada or the government of any province or with any municipality, university, educational institution or person, programs of technical research and investigation into the improvement and development of methods of construction, standards, materials, equipment, fabrication, planning, designing and other factors involved in the construction or provision of improved housing accommodation in Canada and coordinate those programs or measures referred to in section 74 with other similar programs or measures undertaken in Canada;

    • (b) enter into contracts for the production or development of materials, equipment or component parts for houses through the pilot-plant stage of production or development and for the testing of such materials, equipment or component parts;

    • (c) undertake publication, and the distribution of publications, coordinating the results of the technical research, investigations and programs referred to in paragraph (a), and the testing referred to in paragraph (b), in such forms as may be most useful to the public or to the building industry;

    • (d) conduct competitions to secure plans, designs and specifications suitable, in its opinion, for housing to be constructed at low cost and purchase the plans or otherwise compensate persons taking part in the competitions;

    • (e) make available or cause to be made available, in such manner as it deems advisable or in cooperation with any other department or agency of the Government of Canada, with the government of any province or with any university, educational institution or person, any training program or educational facility that, in its opinion, will assist in the construction or designing of family housing units, in land planning or community planning, in the management or operation of housing projects or in the formulation and implementation of housing policy;

    • (f) enter into a contract with a manufacturer of plumbing or heating equipment or other component parts of houses for the experimental production of the equipment or component parts in accordance with standardized designs that, in the opinion of the Corporation, may be manufactured or produced at low cost;

    • (g) construct housing units for experimental purposes on land owned or to be acquired by the Corporation for the purpose;

    • (h) make arrangements with a province or a municipality, with the approval of the government of the province in which that municipality is situated, to conduct special studies relating to the condition of urban areas, to means of improving housing or to the need for additional housing or urban redevelopment;

    • (i) undertake or cause to be undertaken projects of an experimental or developmental nature that may assist the Corporation in the formulation and implementation of a housing policy designed to meet the needs of the various communities in Canada; and

    • (j) carry out research and planning and provide services and information that relate to the financing of housing, housing affordability and choice, living environments or community planning, or that are intended to contribute to the well-being of the housing sector in the national economy.

  • Marginal note:Approval required

    (2) The powers of the Corporation under paragraphs (1)(g) and (i) may be exercised only with the approval of the Governor in Council.

  • Marginal note:Underwriting sales

    (3) The Corporation may, with the approval of the Governor in Council, enter into a contract with a manufacturer referred to in paragraph (1)(f) to underwrite the sale, at such price as may be agreed on and specified in the contract, of the equipment or component parts referred to in that paragraph, manufactured or produced for installation or use in homes, if the manufacturer manufactures or produces the equipment or component parts in such volume as may be agreed on and specified in the contract.

  • Marginal note:Contracts for sale and distribution

    (4) The Corporation may, with the approval of the Governor in Council, enter into contracts with the manufacturer referred to in subsection (3) or any other person for the sale or distribution, in such manner as it may deem advisable, of the equipment or component parts referred to in that subsection.

  • Marginal note:Limitation

    (5) The maximum contingent liability of the Corporation under contracts entered into under subsection (3) shall not at any time exceed ten million dollars, and any amounts required to be paid by the terms of those contracts may be paid under section 29 of the Financial Administration Act.

  • R.S., 1985, c. N-11, s. 75
  • 1999, c. 27, s. 11

Marginal note:Agreements and assistance to develop proposals

  •  (1) The Corporation may enter into agreements and make loans and contributions for the development, implementation or financing of proposals that relate to housing projects, housing affordability and choice, living environments or community planning, or that are intended to contribute to the well-being of the housing sector in the national economy, 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 enters into an agreement, makes a loan or contribution or forgives an amount under subsection (1).

  • R.S., 1985, c. N-11, s. 76
  • 1999, c. 27, s. 12

Marginal note:Export and international support

  •  (1) The Corporation may

    • (a) promote and develop the export of Canadian expertise, research, services and products relating to housing, living environments and community planning; and

    • (b) support and participate in the development of, and investigate, housing, housing finance, living environments and community planning outside Canada, either directly or through other persons, including foreign governments or agencies of foreign governments and non-governmental organizations.

  • Marginal note:Terms and conditions

    (2) The Corporation may determine the terms and conditions on which it exercises any power or function under subsection (1).

  • R.S., 1985, c. N-11, s. 77
  • R.S., 1985, c. 25 (4th Supp.), s. 25
  • 1992, c. 32, s. 41
  • 1999, c. 27, s. 12

PART XPublic Housing

Definition of public housing agency

 In this Part, public housing agency means a corporation that has power to acquire and develop land for a housing project or to construct or acquire and operate a housing project and that is wholly owned by

  • (a) the government of a province or an agency thereof;

  • (b) one or more municipalities in a province; or

  • (c) the government of a province or an agency thereof and one or more municipalities in that province.

  • R.S., 1985, c. N-11, s. 78
  • 1999, c. 27, s. 13

Marginal note:Corporation may undertake projects jointly with provinces

 The Corporation may undertake jointly with the government of any province or agency thereof or with any public housing agency projects for

  • (a) the acquisition and development of land for housing purposes or for any purpose incidental thereto;

  • (b) the construction of housing projects for sale or for rent; and

  • (c) the acquisition, improvement and conversion of existing buildings for a housing project.

  • R.S., 1985, c. N-11, s. 79
  • R.S., 1985, c. 25 (4th Supp.), s. 26
  • 1992, c. 32, s. 42
  • 1999, c. 27, s. 13

Marginal note:Loans, etc., to provinces, municipalities or public housing agencies

  •  (1) The Corporation may make loans and contributions to a province, municipality or public housing agency for the purpose of assisting that province, municipality or agency to acquire or service land for housing purposes or for any incidental purpose and make loans to refinance debt that the Corporation is of the opinion relates to the acquisition or servicing of land for those purposes, 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).

  • R.S., 1985, c. N-11, s. 80
  • 1999, c. 27, s. 13

 [Repealed, 1999, c. 27, s. 13]

PART XINew Communities

Federal-Provincial Agreements

Marginal note:Joint undertaking agreed by Corporation and province

  •  (1) The Corporation may, pursuant to an agreement made between the Government of Canada and the government of any province, undertake jointly with the government of the province, or an agency or corporation designated in the agreement, a project for

    • (a) the acquisition of 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) the planning of the new community; and

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

  • Marginal note:Conditions under which agreements may be entered into

    (2) No agreement shall be entered into pursuant to this section unless the province indicates its plans for urban growth, including the location, size and order of development of other new communities, and the plans are satisfactory to the Corporation.

  • Marginal note:Agreements with provinces

    (3) Notwithstanding section 17 of the Canada Mortgage and Housing Corporation Act, an agreement referred to in subsection (1) shall be executed on behalf of the Government of Canada by the Minister with the approval of the Governor in Council and shall

    • (a) identify the new community in respect of which a project may be undertaken and designate the agency or corporation that will be responsible for the planning and development of the new community;

    • (b) stipulate 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 an agreement is made under this section; and

    • (c) contain such other provisions as are considered necessary or advisable to give effect to the purposes and provisions of this section.

  • (4) and (5) [Repealed, 1999, c. 27, s. 14]

  • (6) and (7) [Repealed, 1992, c. 32, s. 43]

  • R.S., 1985, c. N-11, s. 84
  • 1992, c. 32, s. 43
  • 1999, c. 27, s. 14

Loans

Marginal note:Loans for new communities

  •  (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]

  • R.S., 1985, c. N-11, s. 85
  • 1999, c. 27, s. 15

Marginal note:Reduction of indebtedness by forgiving payment

 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.

  • 1973-74, c. 18, s. 19

PART XIILoans for Student Housing Projects

Definition of charitable corporation

 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.

  • R.S., 1985, c. N-11, s. 87
  • 1999, c. 27, s. 16

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

  •  (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).

  • R.S., 1985, c. N-11, s. 88
  • 1999, c. 27, s. 16

 [Repealed, 1999, c. 27, s. 16]

PART XIIICommunity Services

Marginal note:Contributions for community services

  •  (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.

  • 1978-79, c. 16, s. 10
 
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