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Affordable Housing Act

BILL NO. 184

(as introduced)

2nd Session, 62nd General Assembly
Nova Scotia
65 Elizabeth II, 2016



Private Member's Bill



Affordable Housing Act



Marian Mancini
Dartmouth South



First Reading: May 13, 2016

Second Reading:

Third Reading:

An Act to Ensure the Provision
of Affordable Housing

Be it enacted by the Governor and Assembly as follows:

1 This Act may be cited as the Affordable Housing Act.

2 In this Act,

(a) "affordable housing" means low income housing as defined in the Housing Nova Scotia Act;

(b) "benefit" includes a grant of money or land or a subsidy;

(c) "housing" means housing as defined in the Housing Nova Scotia Act;

(d) "housing authority" means a housing authority as defined in the Housing Act.

3 (1) Where, before or after the coming into force of this Act, a person, directly or indirectly, receives a benefit from Her Majesty in right of the Province, Housing Nova Scotia, a housing authority or an agency of the Government of the Province for the purpose of providing affordable housing on a parcel of land, the recipient shall provide affordable housing on the parcel of land, in accordance with any terms or conditions to which the benefit is subject, for a period of at least 15 years commencing from the day on which housing on the parcel of land becomes available for occupancy.

(2) The obligation described in subsection (1) applies to every person who holds title to the parcel of land from the day on which the benefit is conferred until the conclusion of the 15-year period described in subsection (1), regardless of whether the recipient of the benefit is the person who holds title to the parcel of land.

4 On application by the Minister of Community Services, where the Supreme Court of Nova Scotia is satisfied that a person to whom the obligation described in subsection 3(1) applies has contravened that obligation, the Court shall order the person to

(a) disgorge to Her Majesty in right of the Province an amount equal to

(i) that proportion of the value of the benefit conferred to the person as is equal to the proportion of the 15-year period described in subsection 3(1) during which the person contravened the obligation, and

(ii) where the person has, by contravening the obligation, made a profit or avoided a loss, the value of the profit made or loss avoided; and

(b) where the 15-year period described in subsection 3(1) has not yet expired, comply with the obligation for the remainder of the period.

 


This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2016 Crown in right of Nova Scotia. Created May 13, 2016. Send comments to legc.office@novascotia.ca.