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Legislative Frameworks for Housing in Nova Scotia

Legislative Frameworks for Housing in Nova Scotia. South Shore Housing Action Coalition September 7, 2011. Canada’s Constitution Act (1867) Gives legislative authority to the provinces for “property and civil rights.” Section 92 (13). Legislative Authority for Housing Begins With….

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Legislative Frameworks for Housing in Nova Scotia

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  1. Legislative Frameworks for Housing in Nova Scotia South Shore Housing Action Coalition September 7, 2011

  2. Canada’s Constitution Act (1867) Gives legislative authority to the provinces for “property and civil rights.” Section 92 (13) Legislative Authority for Housing Begins With…..

  3. Provincesthen enact legislation which governs housing within their jurisdictions.In some instances, responsibility is assigned to Municipalities.

  4. Standards and Enforcement Building Codes Responsibilities of Landlords and Tenants Health and Safety Environment Housing Development Legislation that gives authority to plan, develop and/or fund housing within local jurisdictions. There Are Two Legislative “Streams” for Housing:

  5. Standards and Enforcement

  6. Building StandardsCanada’s Building Code Act is designed as a model for provinces to follow. It is comprised of 6 construction codes, covering both new construction and renovations. The codes must be adopted by a regulatory body and is the responsibility of provincial/territorial governments.

  7. Building Code Act National Building Code (NBC)National Farm Building Code (NFBC)National Fire Code (NFC)National Energy Code of Canada for Buildings (NECB)National Energy Code of Canada for Houses (NECH)National Plumbing Code(NPC)

  8. e.g. An object of this code is to limit the probability that, as a result of the design and construction of the building, a person will be exposed to an unacceptable risk of illness. The Codes Are Objectives-based… • Categories • Safety • Health • Accessibility • Fire and Structural Protection of Buildings

  9. Nova Scotia Building Code Act and Regulations • Chapt 46, Revised Statutes 1989, amended 2005 • Governs minimum standards for the construction and demolition of buildings using the federal codes as models • Minister responsible is the Minister of Labour and Advanced Education • The Council of a Municipality is responsible for the administration and enforcement of this Act. • Sets up the Nova Scotia Building Advisory Committee

  10. N.S. Building Code Act and Regs. • Regs were amended as of June 1 2011 (Section 4 of the Act) • Apply to new construction, but also to “alteration, reconstruction, to correct unsafe conditions” – with exceptions, s. 1.2.1.1 • Orders can be issued for the correction of unsafe conditions, s.2.s.1.2 • Municipalities “shall’’ appoint a building official(s) to administer and enforce the code. • They may also request the addition of more stringent standards for the Municipality.

  11. The Municipal Government Act In Nova Scotia, the Municipal Government Act (MGA) hands the responsibility to the Municipalities for developing by-laws regarding housing standards (s. 172 (j)(a)) and their enforcement (s.181).

  12. …and so MODL has the authority to enact a By-Law!! • By-Law amended March, 2011 • states that the N.S. Building Code Act and the Regs. apply throughout the Municipality • describes details re: required permits and inspections • Note that Halifax has elected to enact By-Law M-100, Respecting Standards for Residential Occupancies (based on MGA S. 181) which is much more detailed, with clear definitions, and procedures for enforcement, and comprehensive general maintenance standards.

  13. Other Legislation Which Has an Impact on Housing….

  14. Health Protection Act • Offers important information regarding definitions of relevance to housing issues(e.g. dwelling s.3(a); health hazards, s.3(b)) • Gives the Chief Medical Officer the duty to investigate, the power to conduct risk assessments, s. 18(1) and to issue orders, s.20(1)(a) • Gives the Chief Medical Officer the power to ensure compliance, 24 (1) • Sets ups Health Hazards Regulations (Reg. 198/2005)

  15. The purpose of this Act is to provide landlords and tenants with an efficient and cost-effective method for settling disputes regarding rental issues, s.1A. e.g. It defines “residential premises” and outlines statutory conditions (e.g. maintaining the condition of the premises, and the obligations of tenants). It is accompanied by Reg 175/95. Residential Tenancies Act (RTA)

  16. Employment Support and Income Assistance (ESIA) Unsightly Premises Act Rent Review Act Overholding Tenants Act Distress for Rent Act Environment Act Wow!! So who has responsibility?? Even more….

  17. The confusion begins here…. The Department of Community Services has responsibility for the Residential Tenancies Act, the Employment Support and Income Assistance Act and the Housing Act. The current Minister is Denise Peterson-Rafuse.

  18. And continues… The Building Code Act comes under the portfolio of the Minister of Labour and Advanced Education, Marilyn More. The Department of Health oversees the Health Protection Act under the Minister, Maureen MacDonald.

  19. and finally…. One (1) piece of legislation that addresses Housing Programs/Development!!

  20. Housing Act – An Act Respecting Housing • Chapt 211 of the Revised Statutes 1989, amended 2008 • The purpose of this act is to improve and increase the housing stock of the province, s. 3. • It falls under the portfolio of the Minister of DCS • It sets up the Housing Development Board to approve loans • For example, it gives the Minister the power to study housing needs and conditions, s.17(a), provide services to or otherwise develop real property, and to plan, design, build own, maintain, manage and operate housing projects, s.17(m) • It also sets up a Housing Development Fund, s. 20(7) and the Regional Housing Authorities, s. 22(1)

  21. There is no single department in this province that takes responsibility for Housing. At the present time, there is no Housing Strategy either, although AHANS and many other organizations have strongly recommended its development!

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