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

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• (3) and (4) [Repealed, R.S., 1985, c. 25 (4th Supp.), s. 27]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• (6) [Repealed, R.S., 1985, c. 25 (4th Supp.), s. 27]

• (7) [Repealed, 1999, c. 27, s. 18]

• (8) and (9) [Repealed, 1992, c. 32, s. 45]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

Marginal note:Undertaking re contributions, etc.

• 97.1 (1) The Corporation may require that any person who is to benefit from

  • (a) a loan from the Corporation with interest at a rate that is lower than the rate

    • (i) otherwise available on the open market, or

    • (ii) specified by the Corporation to be the market rate,

  • (b) a contribution from the Corporation, or

  • (c) forgiveness of any amount by the Corporation

  provide the Corporation with an undertaking described in subsection (2).

• Marginal note:Undertaking

  (2) The undertaking referred to in subsection (1) is an undertaking that the person will comply with such operating, residency or other requirements as may be specified by the Corporation and that the person will, as the case may be,

  • (a) pay to the Corporation an amount equal to the amount by which the interest the person would have paid in respect of the loan had the interest thereon been the higher rate referred to in subsection (1) exceeds the interest the person actually paid,

  • (b) reimburse the Corporation all amounts contributed by the Corporation, or

  • (c) pay to the Corporation all amounts forgiven by the Corporation,

  if the person fails to comply with any of those requirements.

• Marginal note:Application

  (3) This section applies notwithstanding that the interest rate, contribution or forgiveness is subject to any other condition.

98 [Repealed, 1999, c. 27, s. 21]

Marginal note:Provision of services and facilities

99 The Corporation may provide any service or facility

• (a) for property and land management or development involving housing and for inspecting and appraising property involving housing, to any department, branch or agency of the Government of Canada or any other body established by or pursuant to an Act of Parliament that is ultimately accountable through a minister of the Crown in right of Canada to Parliament for the conduct of its affairs, or to any other body designated by the Governor in Council,

• (b) for inspecting property, to any warrantor whose warranty has been provided, or to a prospective warrantor whose warranty would be provided, under a warranty program recognized by the Corporation, or

• (c) to assist in the cost effective implementation of any federal-provincial housing arrangement,

and the Corporation may charge fees for doing so.

Marginal note:Delegation

99.1 The Corporation may enter into an agreement with a province or an agency thereof, or with a public housing agency as defined in section 78, providing for the exercise by the province or agency of any power or function of the Corporation specified in the agreement.

Marginal note:Fees

99.2 The Corporation may determine the amount of, and collect, fees and charges for any services, facilities or products provided by the Corporation under this Act and for any activities carried on by the Corporation under this Act.

Marginal note:Advisory committees

100 The Corporation may, with the approval of the Minister, for the purpose of assisting it in carrying out its responsibilities under this Act, appoint such advisory committees as it may deem advisable and the Corporation may pay the reasonable travel and living expenses incurred by the members of the advisory committees while attending the meetings thereof.

Marginal note:Financing of Corporation

100.1 The Minister shall, out of money from time to time appropriated by Parliament for the purpose, pay to the Corporation the costs and expenses of the Corporation incurred in the administration of Parts IV, VI, VII, IX, X, XI, XII and XIII and sections 25, 92, 95 and 100 and reimburse the Corporation for

• (a) payments made by it as contributions under sections 25, 51, 57, 58, 61, 76, 80, 88, 91 and 95;

• (b) amounts lent and forgiven by it under sections 25, 51, 57, 58, 61, 76, 80, 86, 88 and 95;

• (c) losses sustained by it in respect of loans or guarantees made under Parts II, VI, VII, X, XI and XII and sections 76 and 95, in respect of land leased by it under subsection 42(2), and in respect of the sale or operation of housing projects under section 92;

• (d) losses resulting from purchases made as required by paragraph 93(2)(c);

• (e) any expenditure incurred under or in carrying out the provisions of Part IX and section 100;

• (f) losses sustained by it in respect of projects undertaken by the Corporation under sections 79 and 84;

• (g) its costs and expenses incurred in carrying out an agreement made under section 99.1 or made under section 28.1 of the Canada Mortgage and Housing Corporation Act;

• (h) amounts paid by it to reimburse a party to an agreement, made under section 99.1 or made under section 28.1 of the Canada Mortgage and Housing Corporation Act, for doing anything for which the Corporation could have been reimbursed under any of paragraphs (a) to (f) if that thing had been done by the Corporation; and

• (i) amounts paid by it to a party to an agreement, made under section 99.1 or made under section 28.1 of the Canada Mortgage and Housing Corporation Act, if the party intends to expend those amounts under the agreement in doing something for which the Corporation could have been reimbursed under this section if that thing had been done by the Corporation.

Marginal note:Regulations

101 The Governor in Council may make regulations generally for carrying out the purposes and provisions of this Act.

Annual Report

Marginal note:Report

• 102 (1) The Corporation shall, not later than March 31 in each year, make a report to the Minister with respect to the administration of this Act, the loans made under this Act during the preceding calendar year, and the administration of loans made under the National Housing Act, chapter 188 of the Revised Statutes of Canada, 1952.

• Marginal note:Tabling

  (2) The Minister shall cause a copy of the report to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the Minister receives it.