BILL NO. 110
(as introduced)
1st Session, 64th General Assembly
Nova Scotia
71 Elizabeth II, 2022
Private Member's Bill
Nova Scotia Housing Corporation Act
Lorelei Nicoll
Cole Harbour–Dartmouth
First Reading: March 30, 2022
Second Reading:
Third Reading:
An Act to Establish
a Nova Scotia Housing Corporation
1 This Act may be cited as the Nova Scotia Housing Corporation Act.
(a) "Board" means the Board of Directors of the Corporation;
(b) "Corporation" means the Nova Scotia Housing Corporation, established under Section 4;
(c) "former Act" means Chapter 213 of the Revised Statutes, 1989, the Housing Nova Scotia Act;
(d) "Minister" means the Minister of Municipal Affairs and Housing.3 The Minister has the general supervision and management of this Act and the regulations.
4 (1) The Nova Scotia Housing Corporation is hereby established as a body corporate.
(2) The capital stock of the Corporation is one share with a par value of one dollar, to be issued to and registered in the name of the Minister on behalf of Her Majesty in right of the Province.
5 The Corporation is a crown corporation within the meaning of the Finance Act.
6 The Corporation is an agent of the Her Majesty in right of the Province.
7 The management and control of the affairs of the Corporation are vested in a Board of Directors and the Board may, subject to this Act and the regulations, exercise the powers of the Corporation.
8 (1) The Board consists of not fewer than seven and not more than 15 members appointed by the Governor in Council.
(2) In making appointments under subsection (1), the Governor in Council shall ensure that the Board is representative of the diverse population of the Province.
(3) The Deputy Minister of Municipal Affairs and Housing may attend meetings of the Board but, for greater certainty, is not a member of the Board.
(4) A member appointed under subsection (1) holds office for such term, not exceeding four years, as the Governor in Council may determine.
(5) Where a person has served two terms on the Board, the person may not be appointed to the Board again until four years after that person's last term ends unless the Governor in Council provides otherwise.
(6) Each member of the Board at the coming into force of this Act continues in office until the earlier of
(a) the expiry of the current term of that member; or
(b) the date on which the member's appointment is revoked by the Governor in Council.
(7) Where a member of the Board continues in office under subsection (5), that term and any immediately prior terms of that member apply for the purpose of subsection (4).
9 A majority of the members of the Board constitutes a quorum.
10 A vacancy on the Board does not impair the right of the remaining members to act.
11 Each member of the Board is entitled to receive such remuneration and be reimbursed for such reasonable expenses as the Governor in Council may determine.
12 The Board may make by-laws and policies, not inconsistent with this Act, for its internal organization and the regulation of its operations.
13 (1) The Minister may issue such policy directions to the Board as are consistent with this Act and the housing and social policy objectives of the Government if, in the opinion of the Minister, it is in the public interest to do so.
(2) The Treasury and Policy Board may issue written directives to the Corporation that are consistent with this Act and the regulations.
(3) The Board must comply with a direction or directive issued under subsection (1) or (2).
14 (1) Where there is a vacancy in the position of President and Chief Executive Officer of the Corporation, the Board shall, subject to subsection (2), appoint a person who is not a member of the Board to be the President and Chief Executive Officer.
(2) The appointment by the Board of a President and Chief Executive Officer is subject to the approval of the Minister.
(3) Subject to subsection 19(2), the Board may revoke the appointment of a President and Chief Executive Officer.
(4) The Board may assign to the President and Chief Executive Officer such duties as the Board may determine.
(5) Subject to the by-laws of the Corporation and subsection 19(2), the Board may appoint such other officers as it, from time to time, considers necessary or advisable.
15 The Board is a department for the purpose of the definition of "department" in the Conflict of Interest Act and, for greater certainty, Section 22 of that Act applies to the members of the Board.
16 The Corporation is a public body as defined in the Freedom of Information and Protection of Privacy Act and, for greater certainty, that Act applies to the Corporation.
17 Each member of the Board and officer of the Corporation shall, when exercising the powers or performing the duties of the member's or officer's position,
(a) act honestly and in good faith with a view to the best interests of the Corporation; and
(b) exercise the care, diligence and skill that a reasonably prudent individual would exercise in comparable circumstances.
18 (1) The objects of the Corporation are to
(a) partner with municipalities, non-profit organizations and private-sector entities to explore marketplace opportunities and innovate in service delivery;
(b) establish housing projects and construct housing accommodation of all types for sale or rent;
(c) plan, design, build, own, maintain, manage and operate housing projects;
(d) construct, acquire, renovate and maintain housing of all types and sell, lease or otherwise dispose of such housing upon such terms and conditions as may be determined;
(e) promote and carry out the construction and provision of more adequate and improved housing for
- (i) low income families and individuals,
(iii) such elderly persons or class or classes of elderly persons as may be designated by the Corporation,
(iv) families and individuals receiving social allowances or social assistance, and
(v) generally, persons or groups which in the opinion of the Corporation require assistance;
(f) improve the quality of housing;
(g) improve the quality of amenities related to housing; and
(h) promote and provide financial assistance to persons the Corporation determines to be persons in housing need.
(2) The objects of the Corporation must be achieved in ways that are consistent with the Government's overall approach to housing and improving social and economic outcomes for the Province and its residents.
19 (1) The Corporation may do such things necessary for or incidental to the effective attainment of its objects and exercise of its powers, including
(a) subject to the approval of the Governor in Council, making by-laws it considers necessary for the effective attainment of its objects and the exercise of its powers and for the internal control, management and administration of the Corporation;
(b) employing and contracting, in accordance with the Personal Services Contract Regulations made under the Public Service Act, with such persons as it may, from time to time, require for the purpose of carrying out its objects;
(c) receiving, acquiring, taking, holding, mortgaging, selling, conveying or otherwise disposing of or dealing with real and personal property and any interest therein, subject to the provisions of the Surplus Crown Property Disposal Act;
(d) subject to this Act and the regulations, entering into agreements with any person or body, including governmental entities, non-profit organizations and private businesses; and
(e) pursuing such other activities as may be prescribed by the Governor in Council.
(2) The Corporation may not, without the prior written consent of the Minister,
(a) engage in business, operate or provide services outside of the Province or to a person who is not a resident of the Province;
(b) borrow money, finance or refinance the Corporation, give security or guarantee the payment or performance of the obligations of any other person; or
(c) appoint, fix the remuneration of or remove its president and chief executive officer, its chief financial officer or its chief operating officer.
(3) The Minister may waive, in writing, the requirement for prior written consent for any matter listed in subsection (2).
(4) The Corporation may not, without the prior written consent of the Minister and the Minister of Finance and Treasury Board, incur or budget for a deficit, as determined in accordance with generally accepted accounting principles, for a fiscal year.
(5) The Corporation may not create, allot or issue shares in its capital stock.
(6) Except as otherwise provided in this Act or by order of the Governor in Council, the Corporation has all the powers of a company incorporated under the Companies Act.
20 No mortgage, pledge or charge against the real or personal property of the Corporation is a mortgage, pledge or charge against any real or personal property of Her Majesty in right of the Province.
21 The fiscal year of the Corporation is the same as the fiscal year of the Province.
22 (1) The Corporation, its property and assets are not subject to taxation.
(2) Notwithstanding subsection (1), the Minister may enter into agreements with municipalities to provide a payment to a municipality in lieu of the municipal property tax that would be charged against the real property of the Corporation in the absence of subsection (1).
23 (1) The system of accounting and the books and records of the Corporation are subject to the approval of the Minister of Finance and Treasury Board and to audit by the Auditor General.
(2) Subject to the Finance Act, revenue of the Corporation from any source may be retained by the Corporation to be used for the attainment of its objects.
24 (1) The Corporation shall, not later than June 30th in each year, prepare and submit to the Minister financial statements setting forth the assets and liabilities of the Corporation and the revenues and expenses of the Corporation for the previous fiscal year, together with a report concerning the work of the Corporation during the previous fiscal year.
(2) The Minister shall ensure that the Corporation is adequately funded to achieve its objects and shall include in the Government's annual budget estimates for the Corporation an appropriation adequate for the Corporation to attain its objects in accordance with its business plan and strategic plan.
25 Annually as required by the Minister, the Corporation shall enter into an outcomes agreement with the Minister for each fiscal year, on the terms required by the Minister.
26 Annually as required by the Minister, the Corporation shall submit to the Minister for approval a detailed business plan for the Corporation for the following fiscal year.
27 (1) As required by the Minister, the Corporation shall submit to the Minister for approval a five-year strategic plan for the operation of the Corporation.
(2) Within five years after the Corporation submits a five-year strategic plan to the Minister, it shall
(a) submit a detailed evaluation of its activities compared against the five-year strategic plan, including any recommendations for modifications to the objects of the Corporation; and
(b) cause a review of its activities and operation to assess how they relate to the Corporation's objects and the five-year strategic plan.
(3) Subject to the approval of the Minister, the Corporation shall appoint an independent person to conduct the review required by clause (2)(b).
(4) The person conducting the review shall explicitly recommend to the Minister whether the Corporation, and each of the activities reviewed, should
(a) continue to operate or be undertaken in the same manner;
(b) operate or be undertaken differently; or
(c) be wound up or discontinued.
28 (1) No later than June 30, 2023, and every five years thereafter, the Corporation shall cause a review of its activities and operation to assess its success in address housing needs in the Province.
(2) Subject to the approval of the Minister, the Corporation shall appoint an independent person to conduct the review.
(3) The person conducting the review shall explicitly recommend whether the Corporation, and each of the activities reviewed, should
(a) continue to operate or be undertaken in the same manner;
(b) operate or be undertaken differently; or
(c) be wound up or discontinued.
29 (1) The Governor in Council may make regulations
(a) prescribing matters to be included in the Corporation's annual business plan and outcomes agreement;
(b) respecting the powers of the Corporation to acquire, sell or otherwise dispose of assets, including real and personal property and infrastructure;
(c) respecting any matter authorized by this Act to be done by regulation;
(d) defining any word or expression used but not defined in this Act;
(e) respecting any matter or thing the Governor in Council considers necessary or advisable to effectively carry out the intent and purpose of this Act.
(2) The exercise by the Governor in Council of the authority contained in subsection (1) is a regulation within the meaning of the Regulations Act.
30 (1) In this Section, "former corporation" means Housing Nova Scotia, as established by the former Act.
(2) All assets, debts, liabilities and obligations of the former corporation become assets, debts, liabilities and obligations of the Corporation.
(3) All employees of the former corporation become employees of the Corporation.
(4) For greater certainty, any person resident in housing provided or funded by the former corporation remains resident in that housing on the same tenure, terms and conditions.
31 The former Act is repealed.
32 This Act has effect on and after April 1, 2023.
This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2022 Crown in right of Nova Scotia. Created March 30, 2022. Send comments to legc.office@novascotia.ca.
