Bill C-265: An Act to ensure secure, adequate, accessible and affordable housing for Canadians

Short Title Interpretation National Housing Strategy Review and Report First Session, Forty-second Parliament, 64-65 Elizabeth II, 2015-2016 HOUSE OF COMMONS OF CANADA BILL C-265 An Act to ensure secure, adequate, accessible and affordable housing for Canadians FIRST READING, MAY 3, 2016 Ms. Boutin-Sweet 421047 SUMMARY The purpose of this enactment is to require the Minister responsible for the Canada Mortgage and Housing Corporation to consult with representatives of the provincial and territorial governments responsible for municipal affairs and housing and with representatives of municipalities, Aboriginal communities, non-profit and private sector housing providers and civil society organizations in order to develop and implement a national housing strategy. Available on the Parliament of Canada Web Site at the following address: http://www.parl.gc.ca 1st Session, 42nd Parliament, 64-65 Elizabeth II, 2015-2016 HOUSE OF COMMONS OF CANADA BILL C-265 An Act to ensure secure, adequate, accessible and affordable housing for Canadians Preamble Whereas access to adequate housing is a fundamental human right according to paragraph 25(1) of the United Nations Universal Declaration of Human Rights; Whereas, in 1976, Canada acceded to the International Covenant on Economic, Social and Cultural Rights, a legally binding treaty committing Canada to make progress on fully realizing all economic, social and cultural rights, including the right to adequate housing; Whereas the enjoyment of other human rights, such as those to privacy, to respect for the home, to freedom of movement, to freedom from discrimination, to environmental health, to security of the person, to freedom of association and to equality before the law, are indivisible from and indispensable to the realization of the right to adequate housing; Whereas Canada’s wealth and national budget are more than adequate to ensure that every woman, man and child residing in Canada has secure, adequate, accessible and affordable housing as part of a standard of living that will provide healthy physical, intellectual, emotional, spiritual and social development and a good quality of life; Whereas improved housing conditions are best achieved through partnerships of government and civil society and the meaningful involvement of local communities; And whereas the Parliament of Canada wishes to ensure the establishment of national goals and programs that seek to ensure that all Canadians enjoy an acceptable quality of life; Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: Short Title Short title 1 This Act may be cited as the Secure, Adequate, Accessible and Affordable Housing Act. Interpretation Definitions 2 The definitions in this section apply in this Act.‍ Aboriginal community  means a community made up of Métis, Inuit or First Nations peoples, whether or not that community is situated on a reserve. (collectivité autochtone) accessible in respect of housing, means housing that is physically adapted to the individuals who are intended to occupy it, including those who are disadvantaged by age, physical or mental disability or medical condition, and those who are victims of a natural disaster. (accessible) adequate in respect of housing, means housing that is habitable and structurally sound, and that provides sufficient space and protection against cold, damp, heat, rain, wind, noise, pollution and other threats to health. (adéquat) affordable  in respect of housing, means housing that is available at a cost that does not compromise an individual’s ability to meet other basic needs, including food, clothing and access to health care services, education and recreational activities. (abordable) Minister means the Minister responsible for the Canada Mortgage and Housing Corporation. (ministre) National Housing Strategy National housing strategy to be established 3 (1) The Minister must, in consultation with represent-atives of the provincial and territorial governments responsible for municipal affairs and housing and with representatives of municipalities, Aboriginal communities, non-profit and private sector housing providers and civil society organizations, including those that represent groups in need of adequate housing, develop and implement a national housing strategy designed to respect, protect, promote and fulfil the right to adequate housing as guaranteed under international human rights treaties ratified by Canada. Financial assistance (2) The national housing strategy must ensure that the cost of housing in Canada does not compromise an individual’s ability to meet other basic needs, including food, clothing and access to health care services, education and recreational activities, and must provide financial assist-ance, including financing and credit without discrimination, for those who are otherwise unable to afford rental housing.‍ Requirements (3) The national housing strategy must include incentives for affordable rental housing and must have as its objective to make available housing that (a) is safe, secure, adequate, affordable, accessible, and non-profit in the case of those who cannot otherwise afford it; (b) reflects the needs of local communities, including Aboriginal communities; (c) provides access for those with different needs, including, in an appropriate proportion, access for the elderly and persons with disabilities that allows for independent living as a result of housing adaptations; (d) uses design and equipment standardization where appropriate to accelerate construction and minimize cost; (e) uses designs with Leadership in Energy and Environmental Design certification; (f) includes non-profit rental housing projects, mixed-income non-profit housing cooperatives, special-needs housing and housing that allows senior citizens to remain in their homes as long as possible; (g) includes housing for homeless persons; (h) includes provision for temporary emergency housing and shelter in the event of disasters and crises; and (i) complies with standards for the maintenance of existing housing stock or for the construction and maintenance of new housing and with appropriate health, security and safety standards.‍ Priority (4) The national housing strategy must give priority to ensuring the availability of secure, adequate, accessible and affordable housing to those without housing and to members of groups particularly vulnerable to homelessness, including (a) those who have not had secure, adequate, accessible and affordable housing over an extended period; (b) those with special housing requirements because of family status or size or because of a mental or physical disability; (c) those who are at risk of being denied housing as a result of discrimination on a prohibited ground of discrimination within the meaning of the Canadian Human Rights Act; and (d) those who are experiencing violence or who are at risk of experiencing violence. Measures (5) The national housing strategy must: (a) develop standards and set objectives and targets for the national housing strategy referred to in subsection 3(1) — including targets to end homelessness — with clear timelines and accountability mechanisms, and develop programs to carry out the strategy; (b) set dates for the commencement of the programs referred to in paragraph (a); (c) develop the principles of an agreement between the federal and provincial governments and represent­atives of municipalities, Aboriginal communities, non-profit and private sector housing providers and civil society organizations, including those that represent groups in need of adequate housing, for the development, delivery, monitoring and evaluation of the programs referred to in paragraph (a); (d) develop a process for the review, addressing and reporting of complaints about possible violations of the right to adequate housing; and (e) develop a process for review and follow-up on any concerns or recommendations received from United Nations human rights bodies with respect to the right to adequate housing in Canada. Conference 4 The Minister must, within six months after the day on which this Act comes into force, convene a conference with representatives of the provincial and territorial governments responsible for municipal affairs and housing and representatives of municipalities, Aboriginal communities, non-profit and private sector housing providers and civil society organizations, including those that represent groups in need of adequate housing, in order to develop the national housing strategy and may provide advice and assistance in the development and implementation of programs and practices in support of the strategy, as well as take any measures that the Minister considers appropriate to implement the strategy as quickly as possible. Report to Parliament 5 (1) Within one year after the day on which this Act comes into force, the Minister must prepare a report on the conference, including the matters referred to in paragraphs 3(5)‍(a) to (e), and cause the report to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the report is completed.‍ Publication of report (2) The Minister must publish the report on the department's website within 10 days after the day on which the report is tabled in Parliament.‍ Review and Report Review and report 6 Within five years of the tabling of the report referred to in section 5, and every five years after that, the Minister must prepare a report on the effectiveness of the national strategy, setting out his or her conclusions and recommendations, and cause the report to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the report is completed.‍ Published under authority of the Speaker of the House of Commons