Acts and Regulations

N-6 - New Brunswick Housing Act

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Current to 1 January 2024
CHAPTER N-6
New Brunswick Housing Act
INTERPRETATION
Definitions
1(1)In this Act
“association” Repealed: 2019, c.24, s.191
“Chair” means the Chair of the board of directors of the Corporation;(président)
“cooperative” means(coopérative)
(a) a cooperative incorporated or continued under the Cooperatives Act, or
(b) individuals who, although not incorporated as a cooperative under the Cooperatives Act, agree to associate and co-operate with one another for the building of, but not the ownership or continuing management of, housing units;
“Corporation” means the New Brunswick Housing Corporation;(Société)
“family of low income” means family of low income as defined in the federal Act;(famille à faible revenu)
“federal Act” means the National Housing Act (Canada);(loi fédérale)
“federal corporation” means the Canada Mortgage and Housing Corporation established under the Canada Mortgage and Housing Corporation Act (Canada);(société fédérale)
“housing project” means housing project as defined in the federal Act;(ensemble d’habitation)
“Minister” means the member of the Executive Council designated by the Lieutenant-Governor in Council to administer this Act and includes any person designated by the member to act on the member’s behalf;(Ministre)
“municipality” means a local government as defined in subsection 1(1) of the Local Governance Act; (municipalité)
“non-profit corporation” means a corporation in which no part of the corporation’s income is payable to or otherwise for the personal benefit of its proprietors, members or shareholders;(corporation sans but lucratif)
“personal information” means personal information as defined in the Right to Information and Protection of Privacy Act;(renseignements personnels)
“President” Repealed: 2023, c.25, s.1
“President and Chief Executive Officer” means the President and Chief Executive Officer of the Corporation.(président-directeur général)
1(2)Repealed: 2023, c.25, s.1
1967, c.17, s.1; 1968, c.42, s.1; 1970, c.38, s.1; 1976, c.13, s.1; 1980, c.37, s.1; 1986, c.60, s.1; 1992, c.2, s.43; 1998, c.41, s.87; 2000, c.26, s.225; 2005, c.7, s.52; 2008, c.6, s.32; 2016, c.37, s.121; 2017, c.20, s.118; 2019, c.2, s.98; 2019, c.24, s.191; 2023, c.25, s.1
POWERS OF THE PROVINCE
Agreements with federal corporation
2(1)The Lieutenant-Governor in Council may authorize the Minister on behalf of the Province to enter into agreements or arrangements with, and to borrow from, the federal corporation for any purpose contemplated by the federal Act and, without restricting the generality of the foregoing, agreements or arrangements respecting
(a) the conduct of special studies relating to the condition of urban areas, the means of improving housing and the need for additional housing;
(b) Repealed: 2023, c.25, s.1
(c) Repealed: 2023, c.25, s.1
(d) training in the construction or designing of houses, land planning or community planning, or in the management or operation of housing projects; and
(e) the joint undertaking of projects for
(i) the acquisition and development of land for housing purposes,
(ii) the construction of housing projects or housing accommodation of the hostel or dormitory type for sale or for rent, or
(iii) the acquisition, improvement and conversion of existing buildings for housing projects or for housing accommodation of the hostel or dormitory type.
2(2)An agreement or arrangement entered into pursuant to subsection (1) may provide that the obligations of the Province thereunder shall be performed by the Corporation on behalf of the Province.
1967, c.17, s.2; 2023, c.25, s.1
Agreements with Canada Revenue Agency
2.1(1)Despite the Right to Information and Protection of Privacy Act and for the purposes of this Act, the Minister may enter into agreements with the Canada Revenue Agency to collect, use or disclose tax information, including personal information, to establish eligibility for financial or other assistance.
2.1(2)Prior to entering into an agreement under subsection (1), the Minister shall obtain the consent of the applicant.
2.1(3)For the purposes of this section, “personal information” means the name and date of birth of the person whose eligibility is being established.
2016, c.45, s.3
Collection of information
2.2The Minister, the Minister of Social Development or the Minister of Health, as the case may be, may collect and use personal information that is disclosed by the Corporation under paragraph 10(1)(l).
2017, c.29, s.7; 2023, c.25, s.1
THE CORPORATION
New Brunswick Housing Corporation
3(1)There shall be a corporation to be known as the New Brunswick Housing Corporation.
3(2)The Corporation is, for all purposes of this Act, an agent of the Crown in right of the Province and its powers under this Act may be exercised only as an agent of the Crown.
3(3)The Corporation has perpetual succession and has a corporate seal that it may alter or change at pleasure.
1967, c.17, s.3; 1968, c.42, s.2; 2023, c.17, s.173
Appointment of directors
4(1)The board of directors of the Corporation shall consist of
(a) the Minister, who shall be Chair,
(b) the President and Chief Executive Officer, who shall be Vice-Chair, and
(c) not fewer than three and not more than eight other persons.
4(2)The directors appointed under paragraph (1)(c) shall be appointed by the Lieutenant-Governor in Council.
4(3)A director appointed under paragraph (1)(c)
(a) shall be appointed for a term not to exceed three years,
(b) shall hold office at the pleasure of the Lieutenant-Governor in Council, and
(c) may be reappointed for one additional term not to exceed three years.
4(4)Where a vacancy occurs among the directors of the Corporation appointed under paragraph (1)(c), the Lieutenant-Governor in Council may appoint a person to fill the vacancy for the balance of the term of the director replaced.
4(5)A vacancy on the board of directors of the Corporation does not impair the right of the board of directors to act if a quorum of the directors of the Corporation remains in office.
4(6)The board of directors may by resolution delegate to the President and Chief Executive Officer or to any servant, agent or employee of the Corporation any of the powers and duties set out in paragraphs 10(1)(g) to (i).
1967, c.17, s.4; 1968, c.42, s.3; 1976, c.13, s.2; 1980, c.37, s.2; 1983, c.58, s.1; 1986, c.60, s.2; 2023, c.25, s.1
4.1Repealed: 1980, c.37, s.3
1976, c.13, s.3; 1978, c.42, s.1; 1980, c.37, s.3
Remuneration of directors
5The President and Chief Executive Officer and the directors appointed under paragraph 4(1)(c) shall be paid such remuneration as may be fixed by the Lieutenant-Governor in Council and such actual and reasonable expenses as are incurred by them in the discharge of their duties.
1967, c.17, s.5; 1968, c.42, s.4; 1980, c.37, s.4; 1986, c.60, s.2; 2023, c.25, s.1
INTERNAL ORGANIZATION
Internal organization
6(1)The Chair, or in the event of the Chair’s absence or inability the Vice-Chair, may call meetings of the Corporation at the times and places and on the notice that the Chair or Vice-Chair, as the case may be, considers appropriate.
6(2)A majority of the directors of the Corporation constitutes a quorum.
6(3)Where there is an equality of votes on a question at a meeting of the directors, the Chair of the meeting shall cast the deciding vote.
6(4)The Corporation may, with the approval of the Lieutenant-Governor in Council, adopt regulations or by-laws necessary for its internal organization and the conduct of its operations.
1967, c.17, s.6; 1968, c.42, s.5; 1980, c.37, s.5; 1986, c.60, s.3; 2023, c.25, s.1
Idem
7(1)The board of directors shall appoint a President and Chief Executive Officer, who is charged with the general direction, supervision and control of the business of the Corporation.
7(2)Despite the Financial Administration Act, the employees of the Corporation, other than the President and Chief Executive Officer, shall be appointed in accordance with the staff requirements and mode of appointment established by the board of directors in the by-laws.
7(3)The pension plan converted to a shared risk plan in accordance with An Act Respecting Public Service Pensions applies to the President and Chief Executive Officer and to the staff of the Corporation except when the Corporation directs otherwise.
7(4)Subject to any applicable collective agreement and despite the Financial Administration Act, the remuneration and other conditions of employment of the employees of the Corporation, other than the President and Chief Executive Officer, and their functions and duties shall be established by the board of directors in the by-laws.
7(5)Repealed: 1980, c.37, s.6
1967, c.17, s.7; 1968, c.42, s.6, 7; 1980, c.37, s.6; 1986, c.60, s.4; 2013, c.44, s.30; 2023, c.25, s.1
Financing out of Consolidated Fund
8The Minister of Finance and Treasury Board shall, out of the Consolidated Fund, pay to the Corporation the amounts that are appropriated by the Legislature for the operation of the Corporation.
1967, c.17, s.8; O.C. 68-516; 2019, c.29, s.100
OBJECTS AND PURPOSES
Objects and purposes of the Corporation
9The objects and purposes of the Corporation are:
(a) to study housing needs and conditions and the adequacy of existing housing accommodation in New Brunswick or in any part of New Brunswick with particular reference to the needs of individuals and families of low income,
(b) to cause steps to be taken toward the construction or provision of more adequate and improved housing accommodation,
(c) to make recommendations for the increase and improvement of housing accommodation,
(d) to recommend further legislation to encourage and facilitate increased and improved housing accommodation,
(e) to obtain the participation of municipalities in housing projects,
(f) to study new housing types and construction methods for the efficient accommodation of individuals and families of low income and to promote the acceptance of such types and methods,
(g) to encourage the adoption of codes of minimum standards for housing accommodation,
(h) to study the usefulness and application of co-operative, condominium and other forms of housing ownership and their application to housing needs in New Brunswick,
(h.1) to administer any legislation that it is responsible to administer, and
(i) to carry out such other studies and duties as the Lieutenant-Governor in Council directs.
1967, c.17, s.9; 1983, c.58, s.2; 2023, c.25, s.1
POWERS OF THE CORPORATION
Powers of Corporation, regulations
10(1)The Corporation may
(a) sue and be sued;
(b) become a party to any contract or agreement within its powers;
(c) receive by donation and otherwise acquire, hold, sell, mortgage, hypothecate, convey or otherwise deal with any real or personal property or any interest therein;
(d) take or hold mortgages, hypothecs, liens and charges to secure payment of any debt owing to it and sell or otherwise dispose of such mortgages, hypothecs, liens and charges;
(e) engage persons to carry out construction or other work with respect to any project or development undertaken by the Corporation;
(f) make loans and accept security by way of mortgage, promissory notes or other security for such loans;
(g) subject to the regulations, provide financial or other assistance to a person or non-profit corporation seeking to purchase, construct, alter, add to or repair a residential housing unit or seeking to repay a loan in respect of such residential housing unit;
(h) subject to the regulations, provide financial or other assistance to a person or non-profit corporation to assist with the cost of housing, including rental supplements, shelter allowances, heating costs, payment of Provincial or municipal property taxes and the repayment of loans;
(i) subject to the regulations, provide financial or other assistance to a person seeking to repair, upgrade or maintain the person’s residence, including repairs, upgrading or maintenance to the structure of the residence and the septic, plumbing, heating or electrical systems, so as to provide affordable, suitable and adequate housing;
(j) undertake routine studies, surveys or other forms of research relevant to housing related needs and activities;
(k) collect and use personal information for the purposes of providing financial or other assistance under this Act; and
(l) disclose to the Minister, the Minister of Social Development or the Minister of Health the personal information collected under paragraph (k).
10(1.1)The Corporation shall perform any duty imposed on it under any act or regulation.
10(2)The Corporation may, with the approval of the Lieutenant-Governor in Council,
(a) acquire, service and develop land for housing purposes;
(b) construct, acquire, renovate, manage and operate housing projects and student housing projects;
(c) Repealed: 2023, c.25, s.1
(d) Repealed: 2023, c.25, s.1
(e) enter into such agreements with the federal corporation, municipalities or agencies of other levels of government as the Corporation considers desirable, including, but not so as to restrict the foregoing, the sharing of costs of studies, infrastructure or housing projects, contributions or loans for or to municipalities for improving living conditions of residents, and the implementation of any purpose contemplated by this Act or the federal Act;
(f) undertake other activities related to housing programs or activities;
(g) undertake studies, surveys or other forms of research relevant to housing related needs and activities other than those set out in paragraph (1)(j); and
(h) incorporate a non-profit corporation.
10(2.1)Despite paragraph (2)(a), the Corporation may, for housing purposes, acquire a public work transferred to the Corporation by the Minister of Transportation and Infrastructure under section 28 of the Public Works Act without the approval of the Lieutenant-Governor in Council.
10(3)Repealed: 2023, c.25, s.1
10(4)The Lieutenant-Governor in Council may make regulations
(a) respecting financial or other assistance under paragraphs (1)(g), (h) or (i);
(b) defining any term used in this section and not otherwise defined in the Act; and
(c) respecting other matters considered necessary or ancillary to effecting the intentions of paragraphs (1)(g), (h) or (i).
1967, c.17, s.10; 1968, c.42, s.8; 1970, c.38, s.2; 1971, c.52, s.1, 2; 1972, c.51, s.1, 2; 1973, c.63, s.1, 2, 3; 1976, c.13, s.4; 1978, c.42, s.2; 1980, c.37, s.7; 1982, c.46, s.1; 1983, c.58, s.3; 1985, c.62, s.1; 1986, c.60, s.5; 2017, c.29, s.7; 2023, c.25, s.1
Power to promote cooperatives
2019, c.24, s.191
11(1)The Corporation may
(a) encourage and promote the formation and organization of cooperatives for the purpose of building and providing sufficient and suitable housing units in any part of the Province and selling and leasing the housing units, and
(b) subject to the approval of the Lieutenant-Governor in Council, advance by way of loan to any cooperative formed under and for the purposes set forth in paragraph (a) or a member of a cooperative such amount in aid of those purposes as the Corporation determines, and the amount so advanced shall be secured by a first mortgage on the lands and premises used for the above-mentioned purposes given in favour of the Corporation, or by such other security as is approved by the Lieutenant-Governor in Council.
11(2)Cooperatives formed under paragraph (1)(a) are subject to the provisions of this Act.
1970, c.38, s.3; 1980, c.37, s.8; 1987, c.6, s.70; 2019, c.24, s.191
Power to supervise cooperatives
2019, c.24, s.191
12The Corporation
(a) may, prior to the erection of housing units, inspect plans, specifications, costs and location of all housing that the cooperatives intend to build, and approve or disapprove of them,
(b) may inspect the construction of such housing units,
(c) may examine from time to time such housing units after they are constructed and investigate the operations of the cooperatives and their relationships with the housing tenants and occupants,
(d) may determine and fix the maximum rentals to be charged by the cooperatives for any dwelling units,
(e) may supervise and regulate the cooperatives and audit their books and accounts,
(f) may give to any person desiring to invest in any of the cooperatives any information concerning any or all of the cooperatives, and
(g) may, if authorized by the Lieutenant-Governor in Council, do any other things that it considers necessary for the promotion, proper site-planning, construction and successful operation of co-operative housing in New Brunswick.
1970, c.38, s.3; 2019, c.24, s.191
Building undertaken by cooperative
2019, c.24, s.191
13(1)Where building or construction is undertaken by any of such cooperatives without the approval of the Corporation, the Corporation may withhold advances to the cooperative.
13(2)Except as provided in this section, a cooperative that is subject to the provisions of this Act and is indebted to the Corporation shall not sell, transfer or assign any of its real property unless it has the consent of the Corporation.
13(3)A cooperative that is subject to the provisions of this Act, with the consent of the Corporation, may sell and convey to a member of the cooperative the dwelling and lot that the member holds under a lease agreement with the cooperative, if
(a) the member pays to the cooperative all amounts that are due and payable by the member to the cooperative,
(b) the member surrenders to the cooperative all shares of the cooperative that have been issued to the member,
(c) the member pays to the cooperative the balance of the principal sum expended by the cooperative for the purchase of the lot and for the construction of the dwelling, and
(d) the sale is approved by a majority of not less than two-thirds of the members of the cooperative that are present at an annual or special meeting of the cooperative, and whose rent is not in arrears for three months or more.
13(4)Notwithstanding anything contained in this section to the contrary, the Corporation may permit a cooperative to convey to a member of that cooperative any land and dwelling that is leased by the member from the cooperative under a leasing agreement
(a) where the member assumes any mortgage held by the Corporation on the land and dwelling leased by the member, or
(b) where the member assumes a portion of any mortgage held by the Corporation on the lands and dwellings owned by the cooperative that is equal to the proportion that the value of the land and dwelling leased by the member is to the value of the lands and dwellings owned by the cooperative.
13(5)The Corporation if satisfied that
(a) the cooperative and the member have complied with the provisions of subsections (3) and (4),
(b) the cooperative has paid to the Corporation the amount paid by the member to the cooperative pursuant to paragraph (3)(c) and any other amount payable to the Corporation in respect of the dwelling and lot, and
(c) the sale will not adversely affect the security of the Corporation,
shall give a partial release of mortgage releasing the dwelling and lot from the mortgage held by the Corporation.
1970, c.38, s.3; 1976, c.13, s.5; 2019, c.24, s.191
FINANCIAL
Loans and securities of the Corporation
14(1)Subject to the approval of the Lieutenant-Governor in Council, the Corporation
(a) may borrow such sums of money as it requires for its purposes and may issue, sell, exchange or otherwise dispose of notes, bonds, debentures or other securities in such currencies and on such terms and conditions as it may determine;
(b) may charge, pledge, hypothecate, deposit or otherwise deal with its securities as collateral security, and, when the Corporation again becomes entitled to securities dealt with as collateral security, may issue, re-issue, charge, pledge, hypothecate, deposit or otherwise deal with them as collateral security or may cancel them;
(c) may borrow by way of temporary loans from any chartered bank or from any person or corporation such sums as it requires upon such terms and conditions as it may determine, and may pledge as security for such temporary loans, notes, bonds, debentures or other securities of the Corporation pending sale thereof or in lieu of selling them, or in such other manner as the Corporation may determine; and
(d) may acquire funds for its purposes by gift, donation, bequest or otherwise and apply such funds to any of the purposes of this Act, including the payment of grants, and invest such funds in the manner authorized by the Trustees Act.
14(2)The notes, bonds, debentures and other securities of the Corporation shall be in the form and shall be executed in the manner the Corporation determines.
14(3)The seal of the Corporation may be engraved, lithographed, printed or otherwise mechanically reproduced on any security to which it is to be affixed and any signature upon any such securities or coupons attached thereto may be engraved, lithographed, printed or otherwise mechanically reproduced thereon, and a seal or signature so mechanically reproduced is of the same force and effect as if manually affixed notwithstanding that the person whose signature is so reproduced has ceased to hold office before the date of the security or the delivery thereof.
1967, c.17, s.11; 2015, c.22, s.7; 2023, c.25, s.1
Guarantee of loans and securities by province
15(1)The principal and interest of any borrowing by or securities issued by the Corporation are guaranteed by the Province of New Brunswick and the Province is liable for the payment of the principal and interest of such borrowings or securities according to the tenor thereof.
15(2)The guarantee of the Province may be endorsed or enfaced on any securities issued by the Corporation and when so endorsed or enfaced shall be signed by the Minister of Finance and Treasury Board or such other officer or officers as may be designated by the Lieutenant-Governor in Council, and, in the hands of any holder of any such securities, any guarantee so signed is conclusive evidence that the terms of this section have been complied with.
1967, c.17, s.12; O.C. 68-516; 2019, c.29, s.100
Sinking fund of the Corporation
16(1)The Province of New Brunswick as trustee for the Corporation shall establish a sinking fund for the redemption of securities issued by the Corporation except issues of securities repayable serially or in instalments of principal, and the Minister of Finance and Treasury Board shall annually pay out of the Consolidated Fund into the sinking fund on the due dates such sums of money as may be fixed by the Lieutenant-Governor in Council at the time of issue of the securities.
16(2)Such funds shall be retained and invested for the account of the Corporation and shall be paid by the Minister of Finance and Treasury Board to the Corporation as they are required for repayment of the whole or any part of any securities issued by the Corporation either at or prior to maturity according to the tenor of the securities.
1967, c.17, s.13; O.C. 68-516; 2019, c.29, s.100
Duty of Minister of Finance and Treasury Board
2019, c.29, s.100
17The Minister of Finance and Treasury Board shall in each year pay to the Corporation the sums required
(a) to meet all interest payments on borrowings by or securities issued by the Corporation, and
(b) to meet principal payments of securities issued by the Corporation repayable serially or in instalments of principal.
1967, c.17, s.14; O.C. 68-516; 2019, c.29, s.100
REPORTS
Reports
18(1)The accounts of the Corporation shall be audited by the Auditor General and his report thereon shall be included in the annual report of the Corporation.
18(2)The Corporation shall, within three months after the end of each fiscal year, submit to the Minister a report that shall contain
(a) a report of all proceedings under this Act during that fiscal year,
(b) such recommendations as the Corporation wishes to make,
(c) the financial statements of the Corporation, and
(d) the report of the Auditor General referred to in subsection (1).
18(3)The Minister shall lay the annual report of the Corporation before the Legislative Assembly during the course of the regular session of the Legislature each year.
1967, c.17, s.15; 1976, c.13, s.6
OTHER AGENCIES
Other agencies
19(1)The Lieutenant-Governor in Council may, upon the request of the Corporation, incorporate a housing authority for any municipality or region in the Province.
19(1.1)Notwithstanding the repeal of The Joint Project Housing Act, Chapter 15 of the Acts of New Brunswick, 1950, and the Joint Project Housing Act, Chapter 117 of the Revised Statutes, 1952, The Saint John Housing Authority, created a body corporate and politic by Order in Council 52-108, and the Moncton Housing Authority, created a body corporate and politic by Order in Council 64-565, shall be deemed for all purposes to have had continuous corporate existence since the date of the coming into force of the relevant Order in Council.
19(1.2)Without limiting the generality of subsection (1.1), the validity of everything done in accordance with the Orders in Council, referred to in subsection (1.1), and all amendments thereto, prior to the coming into force of this section is hereby ratified and confirmed.
19(1.3)The Saint John Housing Authority and the Moncton Housing Authority are continued as housing authorities, bodies corporate and politic, under this section.
19(1.4)Each member of The Saint John Housing Authority and the Moncton Housing Authority, holding office immediately prior to the coming into force of this subsection, shall continue to hold office until he is re-appointed, a replacement is appointed or his appointment is terminated by the Lieutenant-Governor in Council.
19(2)A housing authority shall consist of at least four members from the municipality or region with respect to which it is constituted, who shall be appointed by the Lieutenant-Governor in Council to hold office during pleasure for such term as the Lieutenant-Governor in Council determines, and a representative of the Corporation appointed by the President and Chief Executive Officer.
19(2.1)Where the Lieutenant-Governor in Council fails to appoint a successor for a member of a housing authority whose term of office would but for this section have expired, the member shall continue to hold office until his successor is appointed.
19(3)Repealed: 1985, c.62, s.2
19(4)A housing authority is for the purposes of this Act, an agent of the Crown in right of the Province and may exercise its powers only as an agent of the Crown.
19(5)A housing authority shall perform any functions, powers or duties vested in it by the Lieutenant-Governor in Council subject to the direction and control of the Corporation.
19(5.1)For the purposes of this section, “housing authority” means a housing authority incorporated under subsection (1) or continued under subsection (1.3).
19(6)Repealed: 1985, c.62, s.2
1967, c.17, s.16; 1968, c.42, s.10; 1969, c.60, s.1, 2; 1971, c.52, s.3; 1985, c.62, s.2; 2023, c.17, s.173; 2023, c.25, s.1
Power to enter agreements
20With the approval of the Lieutenant-Governor in Council, a municipality or a housing commission established under the Local Governance Act may enter into agreements with
(a) the Province,
(b) the Corporation,
(c) the Government of Canada,
(d) the federal corporation,
or any combination of them for any purpose contemplated by either this Act or the federal Act.
1967, c.17, s.17; 1970, c.38, s.4; 1971, c.52, s.4; 2017, c.20, s.118
N.B. This Act is consolidated to June 16, 2023.