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The Housing and Renewal Corporation Act
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This version is current as of June 23, 2017.
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C.C.S.M. c. H160

The Housing and Renewal Corporation Act

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

Definitions

1           In this Act

"approved capital cost" where used with respect to a project means the approved capital cost of a project as set out in an agreement made under this Act; (« coût en capital agréé »)

"board" means the board of directors of the corporation; (« conseil »)

"corporation" means The Manitoba Housing and Renewal Corporation; (« Société »)

"family housing unit" means a unit providing therein living, sleeping, eating, food preparation and sanitary facilities for one family, with or without other essential facilities shared with other family housing units; (« logement familial »)

"family of low income" means a family that receives a total family income that, in the opinion of the corporation, is insufficient to permit it to rent housing accommodation adequate for its needs at the current rental market in the area in which the family lives; (« famille à faible revenu »)

"house" means a building, together with the land upon which it is situated, intended for human habitation comprising not more than two family housing units; (« maison »)

"housing authority" means a body corporate incorporated under Part II; (« office d'habitation »)

"housing project" means a project, together with the land upon which it is situated, consisting of one or more houses, or one or more multiple-family dwellings, or a combination thereof, together with any public space, recreational facilities, commercial space and other buildings appropriate to the project; (« projet de construction d'habitations »)

"limited dividend housing company" means a company incorporated to construct, hold and manage a low rental housing project, the dividends payable by which to the holders of the shares thereof are limited by the terms of its charter or instrument of incorporation to 5% per annum or less of the par value of the shares; (« compagnie d'habitation à dividendes limités »)

"low rental housing project" means a housing project undertaken to provide decent, safe, sanitary housing accommodation complying with standards approved by the corporation, to be leased to families of low income or to such other persons as the corporation, under agreement with the owner, designates, having regard to the existence of a condition of shortage, overcrowding or congestion of housing; (« projet de construction d'habitations à loyer modique »)

"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; (« ministre »)

"multiple-family dwelling" means a building containing three or more family housing units; (« habitation multifamiliale »)

"municipality" includes a local government district; (« municipalité »)

"municipal services" includes roads, sidewalks, boulevards, parks, open spaces, sewers, water service, street lighting and other electrical services; (« services municipaux »)

"person of low income" means a person that receives a total income that, in the opinion of the corporation, is insufficient to permit that person to rent housing accommodation adequate for his or her needs at the current rental market in the area in which the person lives; (« personne à faible revenu »)

"project" means

(a) in Part II, a project to provide public housing,

(b) in Part III, a low rental housing project,

(c) in Part IV, a renewal project, and

(d) in Part V, a project mentioned in clause (a), (b) or (c); (« projet »)

"public housing" means one or more houses or multiple-family dwellings or housing accommodation of the hostel or dormitory type or any combination thereof, together with the land upon which it is situated, acquired, constructed, held, maintained and managed by the corporation or a municipality, or a housing authority, or a housing and renewal authority, under an agreement with such parties as may have an interest in the housing accommodation, for leasing to persons or families of low income in need of decent, safe, and sanitary housing or to such other persons as the corporation designates, having regard to the shortage, overcrowding or congestion of housing accommodation; (« habitation publique »)

"renewal area" means an area designated as a renewal area under section 32; (« zone de rénovation »)

"renewal project" means a project undertaken pursuant to a renewal scheme; (« projet de rénovation »)

"renewal scheme" means a plan for the renewal of a blighted or substandard area in a municipality and, without limiting the generality of the foregoing, includes

(a) a plan designating the buildings and works in the area that are to be acquired and cleared in connection with the scheme,

(b) a plan for making available to persons dispossessed of housing accommodation by such acquisition or clearance, decent, safe and sanitary housing accommodation at rentals that, in the opinion of the corporation, are fair and reasonable having regard to the income of the persons to be dispossessed,

(c) a plan describing the proposed street pattern and land use for the area,

(d) a plan for the construction or improvement in the area of municipal services, schools, playgrounds, community buildings and other public facilities,

(e) a description of the methods planned for municipal direction and control of the use of land in the area, including zoning, building controls and standards of occupancy of buildings in the area,

(f) a description of the methods planned for the improvement, rehabilitation or replacement of privately owned facilities, including housing accommodation, that will continue in the area, and the techniques planned for retarding deterioration in such facilities,

(g) a description of any changes in any planning scheme, building controls or development plan affecting the area that are required in conjunction with carrying out the scheme, and

(h) the estimated costs of the projects that may be undertaken to implement the recommendations of the scheme; (« schéma de rénovation »)

"renewal study" means a study of conditions to identify blighted or substandard areas of a municipality and to recommend required renewal action. (« étude de rénovation »)

S.M. 2007, c. 23, s. 2.

Purposes and objects

2           The purposes and objects of this Act are

(a) to ensure that there is an adequate supply of housing stock in Manitoba;

(b) to enhance the affordability of, and accessibility to, adequate housing for Manitobans, particularly those of low and moderate income or those with specialized needs;

(c) to maintain and improve the condition of existing housing stock; and

(d) to stimulate and influence the activities of the housing market to the benefit of Manitobans as a whole.

PART I

THE MANITOBA HOUSING AND RENEWAL CORPORATION

Corporation continued

3(1)        The Manitoba Housing and Renewal Corporation is continued as a body corporate under the management and control of the board of directors.

Board

3(2)        The board shall consist of not fewer than five members and not more than 13 members appointed by the Lieutenant Governor in Council.

Chairperson and vice-chairperson

3(3)        The Lieutenant Governor in Council may designate one of the members of the board as the chairperson and one as the vice-chairperson.

3(4)        [Repealed] S.M.1995, c. 21, s. 2.

Chairperson's powers

3(5)        The chairperson shall preside at all meetings of the board and in the absence of or inability of the chairperson to act or if the position of the chairperson is vacant, or where the chairperson delegates his authority to the vice-chairperson, the vice-chairperson has all the powers and shall perform all the duties of the chairperson.

Quorum

3(6)        A majority of the members of the board, for the time being, constitute a quorum at meetings of the board.

By-laws

3(7)        The board may, by by-law, regulate its proceedings and provide generally for the conduct and management of the affairs of the corporation.

3(8)        [Repealed] S.M.1995, c. 21, s. 2.

S.M. 1993, c. 48, s. 20; S.M. 1995, c. 21, s. 2.

Fiscal year

4(1)        The fiscal year of the corporation commences on April 1 in each year and ends on March 31 in the year next following.

Audit

4(2)        The accounts of the corporation shall, at least once in each year, be audited and reported on by an auditor, who may be the Auditor General, appointed by the Lieutenant Governor in Council and the cost thereof shall be paid by the corporation.

Special audits

4(3)        Notwithstanding subsection (2) and in addition thereto, the Lieutenant Governor in Council or the Auditor General may at any time order an audit of or investigation into the accounts or affairs of the corporation and where the Lieutenant Governor in Council orders an audit or investigation, he shall designate the person, who may be the Auditor General, to make the audit or investigation.

Annual report

4(4)        The corporation shall make a report annually to the minister upon the affairs of the corporation; and the minister shall submit the report to the Lieutenant Governor in Council and shall lay the report before the Legislative Assembly if it is then in session or, if it is not then in session, at the next ensuing session.

S.M. 2001, c. 39, s. 31.

Agent of Crown

5(1)        The corporation is an agent of Her Majesty in right of Manitoba.

Properties, rights and obligations

5(2)        All properties, rights and obligations acquired or incurred by or vested in the corporation under this Act or any agreement entered into under this Act, whether in its name or in the name of Her Majesty in right of Manitoba, are properties, rights or obligations acquired or undertaken for and on behalf of Her Majesty in right of Manitoba.

Chief executive officer

6(1)        The Lieutenant Governor in Council may appoint a person to be the chief executive officer of the corporation.

Functions and duties

6(2)        The chief executive officer shall carry out the functions and perform the duties that are prescribed in the by-laws of the corporation, and the board may delegate to the chief executive officer all or any of the powers of the corporation, other than the power to enact by-laws.

Employees

6(3)        The corporation may hire employees, who shall be appointed in accordance with The Civil Service Act.  In addition, the Department of Housing and Community Development, and any other department or branch of the executive government designated by the Lieutenant Governor in Council, may require any of its employees to perform, under the direction of the chief executive officer, any duties or functions that may be required for the purposes of the corporation.

S.M. 1995, c. 21, s. 3; S.M. 2000, c. 35, s. 53; S.M. 2002, c. 47, s. 8; S.M. 2010, c. 33, s. 79.

Powers of corporation

7(1)        The corporation has, in addition to the other powers set out in this Act and subject to the approval of the Lieutenant Governor in Council, the power to enter into agreements for the purposes and objects of this Act and without restricting the generality of the foregoing it has the power to enter into agreements

(a) respecting the construction of housing including acting as a general contractor or subcontractor for the construction of the housing;

(b) for the hiring of such experts, including consultants and professionals, as may be required by the corporation;

(c) for the management of land, buildings and personal property;

(d) for the development, redevelopment, subdivision, zoning, easements, rights-of-way, joint use and neighbourhood improvement;

(e) respecting benefits from any program available through the Government of Canada or any other province, or through a municipality in Manitoba, or any Act of Canada or of another province or territory; and

(f) respecting the development of new housing or the rehabilitation of existing housing in areas of need determined in accordance with section 7.1.

Acquisition of property

7(2)        Notwithstanding the provisions of The Land Acquisition Act but in compliance with the provisions of that Act relating to the Land Value Appraisal Commission, the corporation has the power

(a) to acquire by lease, purchase, expropriation, or otherwise such real property as is required for the purposes of the corporation and of this Act and to dispose of that property when no longer required;

(b) to develop, or redevelop any land acquired by it for any of the purposes of this Act and without restricting the generality of the foregoing, to subdivide that land and to service that land with municipal services;

(c) to erect on that land any buildings and structures which the corporation deems necessary for its purposes; and

(d) to acquire such personal property as it may require and to dispose of any of the personal property when no longer required by it.

Loans by corporation

7(3)        Subject to the approval of the Lieutenant Governor in Council, the corporation may make grants, loans and advances from the approved appropriation of the corporation in carrying out the objects, purposes and powers under this Act.

S.M. 2007, c. 23, s. 3.

Determining areas of need

7.1         In determining areas of need for the purposes of clauses 7(1)(f) and 8.1(5)(a), the corporation must consider the following factors:

(a) factors concerning the type and quality of housing in the area, including the presence of vacant dwellings or lots, the existence of orders respecting the maintenance, health or safety of dwellings, the type and amount of rental housing, the average age of dwellings, zoning, and the extent of any housing renewal activity;

(b) social and economic factors, including the average household income, the market value of housing, the levels of unemployment and participation in the workforce, and crime statistics for the area;

(c) any other factors the corporation considers relevant.

S.M. 2007, c. 23, s. 4.

Manitoba Housing and Renewal Fund continued

8(1)        The fund known as "The Manitoba Housing and Renewal Fund" (referred to in this section as the "fund") is hereby continued.

Ownership of fund

8(2)        The fund belongs to the Crown in right of Manitoba, but is not part of the Consolidated Fund.

Custodian

8(3)        The corporation is the custodian of the fund and is responsible for its administration.

Credits to fund

8(4)        The following are to be credited to the fund:

(a) all money and other property held or received by the Minister of Finance or the corporation for the purposes of this Act, except to the extent that they are required by section 8.1 to be credited to the Housing Development and Rehabilitation Fund;

(b) interest earned on amounts credited to the fund.

Payments from fund

8(5)        The fund is to be used to pay all amounts to be paid for the purposes of this Act, including administration expenses and remuneration of the corporation's officers and employees, but not including amounts payable under section 8.1 from the Housing Development and Rehabilitation Fund.

Banking

8(6)        The corporation may make banking arrangements for the fund.

Investments

8(7)        The corporation must deposit with the Minister of Finance, for investment as part of the fund, money in the fund that is not immediately required for the purposes of the fund.

Payment to corporation

8(8)        The Minister of Finance must pay to the corporation, upon request, money invested under subsection (7) and interest earned on those investments.

Reserves

8(9)        With the approval of the Lieutenant Governor in Council, the corporation may establish and maintain, within the fund, reserves considered necessary or advisable for the purposes of the Act.

S.M. 1996, c. 59, s. 97; S.M. 2007, c. 23, s. 5.

Housing Development and Rehabilitation Fund established

8.1(1)      A fund to be known as the "Housing Development and Rehabilitation Fund" (referred to in this section as the "fund") is hereby established.

Ownership of fund

8.1(2)      The fund belongs to the Crown in right of Manitoba, but is not part of the Consolidated Fund.

Custodian

8.1(3)      The corporation is the custodian of the fund and is responsible for its administration.

Credits to fund

8.1(4)      The following amounts are to be credited to the fund:

(a) the suburban land development profits realized by the corporation in respect of land owned or developed by the corporation or by a partnership or joint venture in which the corporation is or was a participant;

(b) all amounts received by the Minister of Finance or the corporation for the purposes of the fund;

(c) interest earned on the amounts credited to the fund.

Payments from fund

8.1(5)      The fund may be used

(a) to provide support for housing projects in areas of need within a municipality in which the corporation realized profits referred to in clause (4)(a), including the development of new housing or the rehabilitation, repair and maintenance of existing housing, and to pay related costs of administration; and

(b) to repay amounts advanced to the corporation for the purposes of the fund, and interest on those amounts.

Banking

8.1(6)      The corporation may make banking arrangements for the fund.

Investments

8.1(7)      The corporation must deposit with the Minister of Finance, for investment as part of the fund, money in the fund that is not immediately required for the purposes of the fund.

Payment to corporation

8.1(8)      The Minister of Finance must pay to the corporation, upon request, money invested under subsection (7) and interest earned on those investments.

S.M. 2007, c. 23, s. 5; S.M. 2013, c. 55, s. 66.

Corporation may guarantee

9(1)        With the approval of the Lieutenant Governor in Council, the corporation may guarantee the repayment of principal of and interest on moneys borrowed or raised by any person or corporation for the purposes of this Act; but the aggregate amount of principal guaranteed under this subsection and unpaid at any time shall not exceed such amount as may be established from time to time by the Lieutenant Governor in Council.

Grants in lieu of taxes

9(2)        In lieu of the payment of taxes, the corporation shall make annually to any municipality or local government district in which land or personal property of the corporation is situated grants towards the cost of municipal and school services in amounts fixed by the board.

Temporary borrowings

9(3)        Subject to any restrictions that may be placed thereon from time to time by, and with the approval of, the Lieutenant Governor in Council, the corporation may from time to time borrow or raise money for its temporary purposes by way of overdraft, line of credit, or loan, or otherwise upon the credit of the corporation in such amounts, not exceeding in the aggregate $10,000,000 of principal outstanding at any time, upon such terms, for such periods, and upon such conditions, as the corporation, with the approval of the Minister of Finance, may determine; and the government may, on such terms as may be approved by the Lieutenant Governor in Council, guarantee the payment of the principal and interest of any such borrowings of the corporation.

Power to borrow

10(1)       Subject to the approval of the Lieutenant Governor in Council, and subject to subsection (2), the corporation may

(a) raise money by way of loan on the credit of the corporation;

(b) limit or increase the amount to be raised; and

(c) issue notes, bonds, debentures, or other securities of the corporation;

for the purposes of the corporation; and, through the Minister of Finance, who shall be its agent in that behalf, it may

(d) sell or otherwise dispose of the notes, bonds, debentures or other securities, for such sums and at such prices as are deemed expedient;

(e) raise money by way of loan on any such securities;

(f) pledge or hypothecate any such securities as collateral security; and

(g) do any of those things.

Limitation on borrowing powers

10(2)       The powers conferred on the corporation under subsection (1) may be exercised only

(a) for the repayment of any moneys advanced by way of loan by the government to the corporation or for the repayment, refunding, or renewal, of any loan or advance made by the government to the corporation, or of any notes, bonds, debentures, or other securities, issued by the corporation; or

(b) in cases to which clause (a) does not apply, only to the extent permitted by this Act or any other Act of the Legislature.

Reissue of pledged securities

10(3)       Where securities have been pledged or hypothecated by the corporation as security for a loan and the loan has been repaid, the securities shall not thereby be extinguished, but shall be still alive, and may be reissued and sold or pledged as if the former pledging had not taken place.

Form of securities

10(4)       The notes, bonds, debentures and other securities, the issue of which is authorized by subsection (1), shall be in such form and shall bear such rate of interest, and shall be payable or redeemable in advance of maturity, as to principal and interest and premium, in the currencies of such countries, in such amounts or prices, in such manner, and at such times, in all respects, as the Lieutenant Governor in Council may determine.

Signatures

10(5)       The notes, bonds, debentures and other securities authorized by subsection (1) shall bear the seal of the corporation which may be impressed thereon or may be engraved, lithographed, printed, or otherwise mechanically reproduced thereon and, together with any coupons attached thereto, shall bear the manual engraved, lithographed, printed, or otherwise mechanically reproduced signatures of the chairperson or vice-chairperson and of the secretary of the corporation; and any such mechanically reproduced seal and signatures is, for all purposes, valid and binding upon the corporation if the note, bond, debenture or other security bearing it, or to which the coupon bearing it is attached, is countersigned by an officer appointed by the corporation for that purpose, notwithstanding that the person whose signature is so reproduced may not have held office at the date of the notes, bonds, debentures, or other securities, or at the date of the delivery thereof, and notwithstanding that the person who holds any such office at the time when any such signature is affixed is not the person who holds that office at the date of the notes, bonds, debentures, or other securities, or of the date of the delivery thereof.

Proof that securities are necessary

10(6)       A recital or declaration in the resolution or minutes of the corporation authorizing the issue or sale of notes, bonds, debentures, or other securities to the effect that the amount of notes, bonds, debentures, or other securities so authorized is necessary to realize the net sum authorized or required to be raised is conclusive evidence of that fact.

Lost debentures, etc.

10(7)       Where a note, bond, debenture or other security, of the corporation is defaced, lost, or destroyed, the corporation may provide for its replacement on such terms, as to evidence and as to indemnity, as the board may require.

Sinking fund

10(8)       The corporation shall reserve and set aside, out of its funds available for such a purpose

(a) such annual or other periodic amounts as may be required to be reserved or set aside as a sinking fund under any agreement or undertaking entered into, or assumed, by the corporation, or the performance or implementation of which is an obligation of the corporation, relative to the repayment of moneys borrowed by the corporation, or the liability for which is an obligation of the corporation; and

(b) such additional annual or other periodic amounts as the Lieutenant Governor in Council may direct to be reserved and set aside as a sinking fund for the repayment of any other moneys borrowed by, or advanced to, the corporation.

Minimum amounts for sinking fund

10(9)       The aggregate of the amounts reserved and set aside as a sinking fund in each fiscal year under subsection (8) shall be not less than

(a) 1% of the advances, borrowings and assumptions of indebtedness or indebtedness for which the corporation is liable, mentioned in subsection (8), other than borrowings or indebtedness secured by first mortgages on land or by an agreement or debenture that provides for the retirement of the borrowings or indebtedness by annual repayments of principal and interest, that are outstanding as at March 31 of the fiscal year next preceding the fiscal year in which the sinking fund payment is made; and

(b) an amount in each fiscal year equal to interest at the rate of 4% per annum of the total sinking fund balances as at March 31 in the next preceding fiscal year.

Payment to Minister of Finance

10(10)      The moneys set aside in each fiscal year for sinking fund purposes under subsections (8) and (9) shall be paid, before the end of the fiscal year, to the Minister of Finance as trustee for the corporation.

Sinking fund trust account

10(11)      The Minister of Finance shall establish an appropriate sinking fund trust account in the Consolidated Fund in which shall be placed moneys paid to the Minister of Finance under subsection (10).

Investment of sinking fund

10(12)      The Minister of Finance shall invest and keep invested the moneys and investments so held by the Minister of Finance in securities authorized by The Financial Administration Act for the investment of funds, and shall apply them towards the repayment of advances made to, and moneys borrowed or assumed by, the corporation or liability for the repayment of which is an obligation of the corporation, and to which reference is made in subsection (8), as they fall due; and the Minister of Finance shall pay to the corporation all interest earned from the investment of the moneys so reserved and set aside and paid to and held by the Minister of Finance.

Extra payments to government

10(13)      In addition to the payments provided for under subsections (8), (9) and (10), the corporation may pay to the Minister of Finance such money as it may have available for application on advances made by the government to the corporation or assumed by the corporation or liability for the repayment of which is an obligation of the corporation.

Purchase of corporation bonds by province

10(14)      The Minister of Finance may purchase any notes, bonds, debentures or other securities issued by the corporation as investments for any account in the Consolidated Fund.

S.M. 1996, c. 59, s. 97.

Power of government to guarantee

11(1)       The government may, on such terms as may be approved by the Lieutenant Governor in Council, guarantee the payment of the principal, interest and premium, if any, of any notes, bonds, debentures and other securities issued by the corporation; and the form and manner of any such guarantee shall be such as the Lieutenant Governor in Council may approve.

Signing of guarantees

11(2)       The guarantees shall be signed by the Minister of Finance, or such other officer or officers as may be designated by the Lieutenant Governor in Council; and, upon being signed, the government is liable for the payment of the principal, interest and premium, if any, of the notes, bonds, debentures and securities guaranteed, according to the tenor thereof.

Discharge of liability under guarantee

11(3)       In a case to which subsections (1) and (2) apply, the Lieutenant Governor in Council may discharge the liability resulting from the guarantee out of the Consolidated Fund, or out of the proceeds of securities of the government issued and sold for the purpose; and, in the hands of a holder of any such notes, bonds, debentures or other securities of the corporation, a guarantee so signed is conclusive evidence that compliance has been made with the terms of this section.

Signature of Minister of Finance, etc.

11(4)       The signature of the Minister of Finance or of any such officer or officers for which provision is made in subsection (2) may be engraved, lithographed, printed, or otherwise mechanically reproduced and the mechanically reproduced signature of any such person shall be conclusively deemed, for all purposes, the signature of that person, and is binding upon the Government of Manitoba, notwithstanding that the person whose signature is so reproduced may not have held office at the date of the notes, bonds, debentures, or other securities, or at the date of the delivery thereof, and notwithstanding that the person who holds any such office at the time when any such signature is affixed is not the person who holds that office at the date of the notes, bonds, debentures or other securities or at the date of the delivery thereof.

Foreign currency

12          Where this Act or any other Act authorizes the corporation to borrow or raise a specific or maximum number of dollars by the issue and sale of notes, bonds, debentures, or other securities, it authorizes the borrowing or raising, in whole or in part, of the same number of dollars in the currency of the United States, and if the amount is raised, in whole or in part, by the issue and sale of notes, bonds, debentures, or other securities payable in the currency of any country other than Canada or the United States, the Act authorizes the raising of an equivalent amount in that other currency calculated in accordance with the nominal rate of exchange between the Canadian dollar and the currency concerned on the business day next preceding the day on which the corporation authorizes the issue of the notes, bonds, debentures, or other securities, as that nominal rate is determined by any bank in Canada.

Advances by province

13(1)       The Minister of Finance, with the approval of the Lieutenant Governor in Council, may make advances to the corporation in such amounts, at such times, and on such terms and conditions as the Lieutenant Governor in Council may deem expedient.

Payment from Consolidated Fund

13(2)       Moneys required for the purposes of this section shall be paid from and out of the Consolidated Fund with moneys authorized by an Act of the Legislature to be so paid and applied.

Additional powers of corporation

14          For the purposes of this Act, the corporation shall be conclusively deemed to be, and to have all the powers, rights, and functions, of

(a) a housing authority;

(b) a housing and renewal authority; and

(c) a limited dividend housing company.

PART II

PUBLIC HOUSING

Public housing agreements

15          The corporation may, with the approval of the Lieutenant Governor in Council, enter into agreements with the Government of Manitoba, the Government of Canada, Canada Mortgage and Housing Corporation or a corporation substituted therefor, a municipality or a housing authority or with all or any of them

(a) respecting projects to provide housing and providing, among other matters, for

(i) the acquisition and development of land for housing project purposes; or

(ii) the servicing of such land with municipal services; or

(iii) the construction of public housing for rent or sale; or

(iv) the construction of housing accommodation of the hostel or dormitory type for sale or rent; or

(v) the acquisition, improvement and rehabilitation of existing buildings for, and the conversion thereof to, public housing; or

(vi) the acquisition, improvement and rehabilitation of existing buildings for, and the conversion thereof to, housing accommodation of the hostel or dormitory type; or

(vii) any one or more of such purposes; or

(b) respecting preliminary work and investigations deemed necessary or expedient prior to an agreement being entered into under clause (a).

Agreements under 15(a)

16(1)       An agreement entered into under clause 15(a) may

(a) set out the approved capital costs of the projects which may include

(i) the reasonable costs of land for the project, including land necessary for providing municipal services;

(ii) the reasonable costs of providing municipal services for the project;

(iii) the reasonable costs of constructing housing in the project;

(iv) the reasonable costs of any fixtures and appliances that may be required in connection with the project;

(v) the reasonable costs of acquisition, rehabilitation and improvement of existing buildings for, and conversion thereof to, public housing;

(vi) any interest payable under the agreement on moneys advanced by any party thereto as progress payments in respect of the approved capital costs of the project; and

(vii) the costs incurred pursuant to any agreement entered into under clause 15(b) in respect of the project;

(b) provide for the proportions in accordance with which the parties to the agreement shall contribute to the approved capital cost of the project and the manner of, and the times for, payment of their respective shares of the approved capital cost to be paid by the various parties to the agreement;

(c) provide for the repayment to the parties to the agreement, with or without interest, of the amounts contributed by the parties towards the approved capital cost of the project, and any terms or conditions relative to such payment, including the rate of interest, if any, payable with respect to such payments, the time for such repayment, and the period during which such repayment shall be made; and

(d) provide for such other matters as may be necessary or advisable in respect of the project or for the purposes of this Act.

Agreements under 15(b)

16(2)       An agreement entered into under clause 15(b) may

(a) set out the reasonable cost of any preliminary work and investigation deemed necessary or expedient prior to an agreement being entered into under clause 15(a) in respect of the proposed project;

(b) provide for the proportions in accordance with which the parties to the agreement shall contribute to the cost of the preliminary work and investigation and the manner of, and the times for, payment of their respective shares of that cost to be paid by the various parties to the agreement; and

(c) provide for such other matters as may be necessary or advisable in respect of the project or for the purposes of this Act.

Prior approval of project required

17(1)       The government or the corporation shall not enter into an agreement under clause 15(a) unless the board has first approved the project.

Limitation on board's recommendation

17(2)       The board shall not recommend that a project be undertaken unless it is satisfied

(a) that the public housing proposed in the project is required

(i) in conjunction with the clearance of substandard or blighted housing; or

(ii) because of shortage, overcrowding, congestion, or inadequacy, of housing accommodation;

and will be operated for the benefit of persons in need;

(b) that the proposed project will comply with the planning scheme, by-law or development plan, as the case may be, and with any land use or other planning controls affecting the site thereof or that the planning scheme, by-law or development plan, as the case may be or the land use or other planning controls may be varied so that the proposed project will not violate any provision thereof; and

(c) that the approved capital cost of the proposed project is based on proper factors and appears reasonably accurate.

Agreements by municipality in which projects to be undertaken

18          Where the corporation enters into an agreement with the Government of Manitoba, the Government of Canada and Canada Mortgage and Housing Corporation or a corporation substituted therefor, or any of them, under clause 15(a) pursuant to an application by a municipality to the corporation, the municipality in which the project is to be undertaken may

(a) be a party to the agreement, which shall provide that

(i) the municipality provide that part of the actual cost of the project that is not included in the approved capital cost of the project and is not paid by the Government of Canada and Canada Mortgage and Housing Corporation or either of them; and

(ii) the municipality contribute a share of the approved capital cost of the project at least equal to that contributed by the Government of Manitoba and the corporation; or

(b) enter into a supplementary agreement with the Government of Manitoba represented by the minister and the corporation embodying the provisions mentioned in clause (a).

Advances for agreements under sec. 15

19(1)       The Minister of Finance may advance to the corporation, for the purposes of meeting its share of the approved capital cost of projects undertaken under section 15, such amounts as may be requested by the corporation on such terms and conditions as are approved by the Minister of Finance.

Reimbursement

19(2)       The Minister of Finance shall reimburse the corporation for losses sustained by it as a result of the sale or operation of any projects undertaken by the corporation under agreements made under section 15 and for its share of the cost of any preliminary work and investigation done or made in respect of proposed projects that are abandoned.

Loans for land

20(1)       The corporation may, with the approval of the Lieutenant Governor in Council, lend money to a municipality or a housing authority to acquire, develop and service land for public housing purposes; and such loans shall

(a) bear interest at a rate prescribed by the Lieutenant Governor in Council;

(b) not exceed that percentage of the costs of the acquisition, development and servicing of the land, as determined by the corporation, which is not provided by Canada Mortgage and Housing Corporation or a corporation substituted therefor;

(c) be secured by a mortgage against the land on which the project is situated and the buildings thereon in favour of the corporation;

(d) be for a term not exceeding 25 years; and

(e) be repayable in full

(i) during the term thereof by equal payments of principal and interest not less frequently than annually; or

(ii) as the land is used or disposed of, by payment of an amount that is in proportion to the total amount of the loan as the value of the land disposed of is the total value of the land and in respect of which the loan was made.

Loans for construction

20(2)       The corporation may, with the approval of the Lieutenant Governor in Council, lend money to a municipality or a housing authority for the construction or acquisition of a public housing project and such loan shall

(a) bear interest at a rate prescribed by the Lieutenant Governor in Council;

(b) not exceed that percentage of the cost of the project, as determined by the corporation, which is not provided by Canada Mortgage and Housing Corporation or a corporation substituted therefor;

(c) be for a term not exceeding the useful life of the project as determined by the corporation and in any case not exceeding 50 years from the date of completion or acquisition of the project;

(d) be secured by a mortgage on the land upon which the project is situated and the buildings thereon in favour of the corporation; and

(e) be repayable in full

(i) during the term thereof by equal payments of principal and interest, not less frequently than annually; or

(ii) at such time during the term thereof as the project ceases to be operated as a public housing project or is sold in whole or in part on terms not acceptable to the corporation.

Corporation may contribute to low rental accommodation

21(1)       The corporation may, with the approval of the Lieutenant Governor in Council, enter into an agreement with Canada Mortgage and Housing Corporation or a corporation substituted therefor, a municipality or a housing authority operating a public housing project, or all or any of them, whereby Canada Mortgage and Housing Corporation or a corporation substituted therefor, the corporation and the municipality will contribute to the costs of assisting in the provision of housing accommodation to individuals or families of low income at rentals that are less than rentals required to meet the cost of amortizing and operating the public housing project.

Terms of agreement

21(2)       An agreement entered into under subsection (1) shall provide

(a) that the accommodation will be rented to individuals or families of low income at rental rates that are within limits set forth in the agreement;

(b) that the parties thereto will contribute annually to the public housing authority amounts calculated in the manner provided in the agreement, and will share in the proportions set out in the agreement the annual operating losses incurred in respect of the project as determined by the corporation and Canada Mortgage and Housing Corporation or a corporation substituted therefor;

(c) that the contributions shall be made for a period not exceeding the useful life of the project as determined by the corporation, and in any case not exceeding 50 years from the date of the completion of the project; and

(d) that the corporation shall have the right, in the event of the housing authority failing to maintain the project as a public housing project, to discontinue its contributions.

Reimbursement of corporation

22          The Minister of Finance shall reimburse the corporation for payments made by the corporation to a housing authority pursuant to an agreement entered into under subsection 21(1), and shall pay to the corporation the costs and expenses incurred by the corporation in carrying out the agreement.

Incorporation of housing authorities

23(1)       Upon the request of a municipality expressed by a resolution of the council thereof, the board of the corporation, with the approval of the Lieutenant Governor in Council, may cause the member of the Executive Council responsible for the issuance of certificates of incorporation, to issue a certificate of incorporation incorporating the persons named in the resolution and their successors, a body corporate with no share capital as a housing authority or a Rural and Northern Housing Authority under an appropriate name to be a housing authority or a Rural and Northern Housing Authority within the municipality.

Board may cause housing authorities to be incorporated

23(2)       Notwithstanding subsection (1), the board of the corporation of its own accord, with the approval of the Lieutenant Governor in Council, may cause the member of the Executive Council responsible for the issuance of certificates of incorporation to issue a certificate of incorporation incorporating persons from a municipality as a body corporate and politic with no share capital as a housing authority or a Rural and Northern Housing Authority, under an appropriate name to be a housing authority or a Rural and Northern Housing Authority in the municipality.

Minister may appoint members

23(3)       The minister may, notwithstanding that the term of a member has not expired, revoke the appointment of a member of the housing authority or of the Rural and Northern Housing Authority and may appoint another member in his stead for such term as the minister considers advisable; and where the terms of the members have expired the minister shall appoint their successors.

Term of members

23(4)       Unless his appointment is sooner revoked, or he sooner dies or resigns, a member of a housing authority or of a Rural and Northern Housing Authority shall hold office for the term for which he was appointed and thereafter until his successor is appointed.

Powers of housing authority

23(5)       A housing authority may with the approval of the board

(a) acquire, or construct, and manage a housing project or housing accommodation of a hostel or dormitory type to provide housing accommodation for individuals or families of low income;

(b) act as an agent for the municipality within which it is a housing authority or for the corporation in respect of any matter relating to public housing or to a housing project;

(c) operate a housing project as the agent for the parties to an agreement entered into under this Act, including entering into leases and collecting rents;

(d) do such other things as may be deemed necessary or expedient for the development and operation of any such housing project; and

(e) exercise such other powers, rights and privileges as may, at the request of the municipality, or the minister, be set out in the letters patent.

Composition of a housing authority

23(6)       The members of the housing authority may be comprised of persons from any one or all of the following groups:

(a) a tenant in a housing unit being managed by that housing authority;

(b) a resident of the municipality in which the unit being managed by the housing authority is situate;

(c) a representative of the Province of Manitoba;

(d) a representative of the Government of Canada.

Duties of a housing authority

23(7)       A housing authority shall

(a) make such reports and returns; and

(b) carry on and perform such duties and functions and comply with such requirements;

as may be required or imposed by this Act or the regulations.

Composition of a Rural and Northern Housing Authority

23(8)       The members of the Rural and Northern Housing Authority may be comprised of persons from any one or all of the following groups:

(a) tenants in a housing unit being managed by that Rural and Northern Housing Authority;

(b) tenants in a housing unit owned by Canada Mortgage and Housing Corporation in the area;

(c) tenants of a unit in the area, established to accommodate elderly persons;

(d) from the area where the housing accommodation being managed by that Rural and Northern Housing Authority is situate

(i) the Manitoba Metis Federation or of a similar association of people,

(ii) the community council, and

(iii) a resident to be the chairperson.

Duties of a Rural and Northern Housing Authority

23(9)       A Rural and Northern Housing Authority shall

(a) be an agent of the corporation; and

(b) carry out and implement such duties and functions as directed by the board of the corporation.

General purposes and objects

23(10)      For better clarity the purposes and objects of the housing authorities and the Rural and Northern Housing Authorities are to manage and operate efficiently and equitably the housing stock of the government, municipalities or the cities, as the case may require.

Amendment or variation of articles of incorporation

23(11)      Subsections (1) and (2) apply with such modifications as the circumstances require to the amendment or variation of the articles of incorporation of a housing authority or a Rural and Northern Housing Authority or both.

Joint housing authorities

23(12)      Two or more municipalities may jointly request the incorporation of a housing authority; and the housing authority may be a housing authority within two or more municipalities.

Housing authority non-profit

23(13)      A housing authority is a non-profit corporation, and no part of the income of the housing authority is payable to or otherwise available for the personal benefit of a member or shareholder thereof.

S.M. 2000, c. 35, s. 53; S.M. 2007, c. 23, s. 6.

PART III

PROJECTS WITH LIMITED DIVIDEND HOUSING COMPANIES

Agreements with limited dividend companies

24          For the purpose of assisting a limited dividend housing company in the construction, purchase, operation and maintenance of a low rental housing project, the corporation, with the approval of the Lieutenant Governor in Council, may enter into an agreement with the limited dividend housing company and the municipality in which the low rental housing project is situated or proposed to be situated, or either of them, and, by the same or separate agreement may enter into an agreement with

(a) the Government of Manitoba represented by the minister; or

(b) the Government of Canada or a minister thereof; or

(c) Canada Mortgage and Housing Corporation or a corporation substituted therefor; or

(d) any corporation or association; or

(e) all or any of the persons, governments, or associations mentioned in clauses (a) to (d);

respecting any matter related to the low rental housing project, and the municipality, if authorized by by-law, may enter into a like agreement.

Power of municipalities to borrow

25(1)       Where a municipality enters into an agreement under section 24, it may, by by-law

(a) borrow moneys necessary to enable it to carry out the agreement;

(b) issue debentures to secure moneys so borrowed; and

(c) impose special levies required to pay the principal and interest payable under debentures issued under clause (b).

Application of clause (1)(b) to Local Government Districts

25(2)       Clause (1)(b) does not apply to local government districts; but a local government district may borrow from the Government of Manitoba and, with respect thereto, the Minister of Finance, with the approval of the Lieutenant Governor in Council, may advance to the local government district moneys necessary to enable the local government district to carry out an agreement entered into under section 24.

Prior approval of project required

26(1)       The government or the corporation shall not enter into an agreement under section 24 unless the board has first approved the project.

Limitations on board's recommendation

26(2)       The board shall not approve a low rental housing project unless it is satisfied

(a) that the proposed project is required, and will be operated by the limited dividend housing company as a low rental housing project;

(b) that the proposed low rental housing project will comply with the planning scheme, by-law, or development plan, as the case may be, and with any land use or other planning controls affecting the site thereof or that the planning scheme, by-law, or development plan, as the case may be, or the land use or other planning controls may be varied so that the proposed project will not violate any provision thereof;

(c) that the approved capital cost of the proposed low rental housing project is based on proper factors and appears reasonably accurate; and

(d) that the revenue to be derived from the proposed low rental housing project is sufficient

(i) to meet maintenance and operating costs of the project including all municipal rates and taxes levied or imposed;

(ii) to meet any unforeseen or incidental costs connected with the project;

(iii) to pay a dividend of not more than 5% per annum of the par value of the share capital to the shareholders of the limited dividend housing company; and

(iv) to establish a reserve to meet possible decline in rentals and other contingencies.

Provisions of agreement

27          An agreement entered into under section 24 may

(a) set out the approved capital cost of the low rental housing project, which may include

(i) the reasonable costs of land for the project, including land necessary for providing municipal services;

(ii) the reasonable costs of providing municipal services for the project;

(iii) the reasonable costs of constructing housing or acquiring, rehabilitating and improving existing buildings for, and for conversion thereof to, low rental housing in the project; and

(iv) the reasonable costs of any fixtures and appliances that may be required in connection with the project; and

(b) provide for such other matters as may be necessary and advisable in respect of the project or for the purposes of this Act.

Incorporation of limited dividend housing company

28(1)       A municipality, where authorized by resolution of its council, may cause to be incorporated under The Corporations Act a limited dividend housing company.

Municipality may purchase shares

28(2)       A municipality may purchase common shares of a limited dividend housing company in an amount not exceeding the amount required therefor for the purposes of the National Housing Act.

Guarantee of loan by province

29          Where Canada Mortgage and Housing Corporation or a corporation substituted therefor makes a loan to a limited dividend housing company in a local government district and requires that repayment of the loan be guaranteed, the Minister of Finance, for and on behalf of the Government of Manitoba, or the corporation, may, with the approval of the Lieutenant Governor in Council, guarantee the repayment of the loan and interest thereon on such terms and conditions as the Lieutenant Governor in Council may prescribe, and to the extent, authorized by an Act of the Legislature.

Costs from Consolidated Fund

30          The Minister of Finance shall

(a) reimburse the corporation for any payments made by it in the construction and acquisition of a low rental housing project constructed, held, maintained or managed by it; and

(b) pay to the corporation the costs and expenses of the corporation incurred in the administration of this Part or under any agreement entered into under this Part.

PART IV

RENEWAL

Designation of renewal area

31          The council of a municipality may designate by resolution an area of the municipality as a renewal area.

Renewal agreements

32(1)       The corporation may, with the approval of the Lieutenant Governor in Council, enter into agreements in respect of renewal schemes and renewal projects for which provision is made under the National Housing Act with the Government of Manitoba, the Government of Canada, Canada Mortgage and Housing Corporation or a corporation substituted therefor, a municipality, a housing and renewal authority, or all or any of them,

(a) respecting a project in a renewal area

(i) for the acquisition and clearance of land in slums and blighted areas and for the rebuilding of those areas for appropriate uses in accordance with an official plan; or

(ii) for the rehabilitation of deteriorating areas not yet in need of redevelopment; or

(iii) for both of those purposes; and

(b) respecting the preparation of renewal schemes in respect of designated renewal areas in accordance with the National Housing Act.

Restrictions in renewal areas

32(2)       Where an agreement is entered into under clause (1)(b) in respect of a renewal area

(a) no permit for construction of, reconstruction of, addition to, or repair to, a building in the renewal area shall be issued except to allow repairs necessary to maintain standards of health and safety required by law; and

(b) no change in the land use controls applicable to the renewal area shall be made or allowed;

for a period of one year after the date on which the agreement became fully executed.

Variation of application of subsec. (2)

32(3)       Upon request of the municipality in which the renewal area is situated, expressed by resolution of its council, the board may, by written order,

(a) extend the period during which subsection (2) applies for one further period of not more than six months as he may prescribe as necessary for the preparation and consideration of renewal schemes in the renewal area; or

(b) exclude any portion of the renewal area from the application of subsection (2) generally or only for such purposes as may be specified in the order; or

(c) terminate prior to the expiry of the period mentioned in subsection (2) or any further period of extension fixed under clause (a), the application of subsection (2) in respect of all or any part of the renewal area.

No compensation

32(4)       No owner or tenant of, or any person having any interest or estate in, property has a claim for damage for injurious affection or loss arising out of the application of subsection (2) or any order made under subsection (3).

32(5)       [Repealed] S.M. 2007, c. 23, s. 7.

S.M. 2002, c. 39, s. 535; S.M. 2007, c. 23, s. 7.

Agreement under 32(1)(a)

33(1)       An agreement entered into under clause 32(1)(a) may

(a) set out the approved capital cost of the project which may include

(i) the reasonable costs of land for the project, including land necessary for providing municipal services;

(ii) the reasonable costs of providing municipal services for the project; and

(iii) any interest payable under the agreement on moneys advanced by any party thereto as progress payments in respect of the approved capital cost of the project; and

(b) provide for the proportions in accordance with which the parties to the agreement will contribute to the approved capital cost of the project and the manner of, and the times for, payment of their respective shares of the approved capital cost to be paid by the various parties to the agreement; and

(c) provide for such other matters as may be necessary or advisable in respect of the renewal project or for the purposes of this Act.

Agreement under 32(1)(b)

33(2)       An agreement entered into under clause 32(1)(b) may

(a) set out the reasonable cost of preparing the renewal scheme;

(b) provide for the proportions in accordance with which the parties to the agreement shall contribute to the cost of preparing the renewal scheme and the manner of, and the times for, payment of the respective shares of that cost to be paid by the various parties to the agreement; and

(c) provide for such other matters as may be necessary or advisable in respect of the preparation of the renewal scheme or for the purposes of this Act.

Condition precedent to agreement

34(1)       The government shall not enter into an agreement under clause 32(1)(a) unless the board has first approved the renewal scheme.

Limitation on board's recommendation

34(2)       The board shall not recommend that a renewal scheme be implemented unless it is satisfied from material supplied by the municipality in which the renewal area is situated or by its agent

(a) that the renewal scheme will comply with the planning scheme, by-law or development plan, as the case may be, and with any land use or other planning controls affecting the renewal area, or that the planning scheme, by-law or development plan, as the case may be, or the land use or other planning controls, may be varied so that the renewal scheme will not violate any provision thereof; and

(b) that the approved capital cost of the renewal project is based on proper factors and appears reasonably accurate.

Board's approval of preparation of renewal scheme required

34(3)       The government shall not enter into an agreement under clause 32(1)(b) unless the board has first approved the proposal to prepare a renewal scheme.

Agreements by municipality in which renewal project undertaken

35          Where the corporation enters into an agreement with the Government of Manitoba, the Government of Canada and Canada Mortgage and Housing Corporation or a corporation substituted therefor, or any of them, under clause 32(1)(a) pursuant to an application by a municipality to the corporation, the municipality in which the renewal project is to be undertaken may

(a) be a party to the agreement which shall provide that

(i) the municipality provide that part of the actual cost of the project that is not included in the approved capital cost of the project and is not paid by the Government of Canada and Canada Mortgage and Housing Corporation or a corporation substituted therefor or either of them; and

(ii) the municipality contribute a share of the approved capital cost of the project at least equal to that contributed by the Government of Manitoba and the corporation; or

(b) enter into a supplementary agreement with the Government of Manitoba represented by the minister and the corporation embodying the provisions mentioned in clause (a).

Further provisions in agreement

36          Every agreement entered into under clause 32(1)(a) shall provide that

(a) any moneys received from the sale, lease or other disposition of land or buildings in a renewal area shall be shared between the parties to the agreement in the same proportion as the parties thereto share in the cost of the project; and

(b) where land acquired and cleared under the terms of the agreement is retained by the corporation or the municipality in which the project is situated for public purposes the land shall be valued in the manner prescribed in the agreement and the retention of the land shall be deemed to be a sale of land and the proceeds thereof shall be disbursed in accordance with the provisions of clause (a).

Reimbursement of corporation

37          The Minister of Finance shall reimburse the corporation for payments made by it as contributions under agreements made under section 32, and shall pay to the corporation the costs and expenses of the corporation incurred in the administration of this Part.

PART V

GENERAL

Urban renewal studies

38          The Government of Manitoba, represented by the minister and the corporation, may enter into agreements to pay all or part of the share of the cost of conducting special studies relating to the condition of areas, to means of improving housing, to the need for additional housing, or to the need for renewal, to the cost of which Canada Mortgage and Housing Corporation or a corporation substituted therefor contributes a share, that is not paid by the Government of Canada or Central Mortgage and Housing Corporation.

Application by municipality respecting agreement

39          Where a municipality desires to enter into an agreement respecting any matter under this Act and in respect of which the Government of Manitoba or the corporation makes any contributions, it shall apply in writing to the corporation stating the matter upon which it desires to enter into an agreement.

Review of applications by corporation

40          Every application made under this Act shall be accompanied by such information as the corporation may request and is subject to study and review by the corporation which shall make such recommendations thereon as it considers appropriate.

Agreements to permit municipality to proceed

41          Where a municipality desires to enter into an agreement in respect of, or to proceed with, any matter under the National Housing Act and in respect of which the Government of Manitoba or the corporation are not making contributions, if, to permit the municipality to proceed with the matter, it is necessary to do so, the minister, on behalf of the Government, may, with the approval of the Lieutenant Governor in Council, enter into an agreement with

(a) the Government of Canada or a minister thereof; or

(b) Canada Mortgage and Housing Corporation or a corporation substituted therefor; or

(c) the municipality; or

(d) a housing authority; or

(e) a housing and renewal authority; or

(f) all or any of them.

Municipalities may enter agreements

42(1)       Subject as in this Act provided, a municipality may enter into an agreement with

(a) the Government of Manitoba; or

(b) the Government of Canada or a minister thereof; or

(c) Canada Mortgage and Housing Corporation or a corporation substituted therefor; or

(d) the corporation; or

(e) a housing authority;

or with all or any of them, respecting any project or matter under this Act or the National Housing Act.

By-laws for agreements

42(2)       Where, under this Act, a municipality is authorized to enter into an agreement, the municipality shall not enter into the agreement unless the council of the municipality has passed a by-law authorizing the municipality to enter into the agreement and a copy of the agreement is attached to and forms part of the by-law.

Authority to borrow money

42(3)       Where a municipality enters into an agreement authorized under this Act, it may, by by-law,

(a) borrow moneys necessary to enable it to carry out the agreement; or

(b) issue debentures to secure moneys so borrowed; or

(c) assume as a debt of the municipality, and pay, any part of the loss arising in any year out of the operation of any project to which the agreement relates and which the municipality is obligated to pay under the agreement; or

(d) assume as a debt of the municipality, and pay, in accordance with the terms of the agreement, any principal or interest payments which the municipality is obligated to pay under the agreement;

or do all or any of those things, and may impose special levies required to pay principal and interest payable under debentures issued under clause (b) or any payment mentioned in clause (c) or (d).

By-laws authorizing borrowing

42(4)       Where a municipality is authorized under this Act to borrow moneys, the provisions of The Municipal Act, or any other Act of the Legislature affecting the municipality, relating to the borrowing of money by the municipality, and by-laws with respect thereto, apply with such modifications as the circumstances require to the municipality in respect of the borrowing of money for the purposes of this Act and by-laws with respect thereto.

Municipality may acquire lands

43          Where a municipality enters into an agreement under this Act, it may, as provided in The Municipal Act or any other Act of the Legislature affecting the municipality, acquire such lands and provide such municipal services for the land as may be necessary to implement the agreement.

Regulations

44          For the purpose of carrying out the provisions of this Act according to their intent, the Lieutenant Governor in Council may make such regulations as are ancillary thereto and are not inconsistent therewith; and every regulation made under, and in accordance with the authority granted by, this section has the force of law; and, without limiting the generality of the foregoing, the Lieutenant Governor in Council may make regulations,

(a) prescribing reports and returns to be made by housing authorities or housing and renewal authorities or both;

(b) prescribing the method of procedure by which a municipality or housing authority or housing and renewal authority may apply for assistance under this Act;

(c) prescribing the type of land that may be acquired or acquired and cleared for projects under this Act;

(d) prescribing the number of housing units for which commitments may be given in any project;

(e) prescribing the type of housing units that may be constructed in a project;

(f) prescribing the maximum costs, or a schedule of maximum costs, of the items that may be included in an approved capital cost of a project or of the acquisition and clearance of land.

(g) prescribing forms for use under this Act;

(h) defining any word or expression used in this Act but not defined;

(i) prescribing rules, conditions and procedures for the carrying out of the purposes and objects of this Act;

(j) prescribing the duties, functions and requirements to be carried out or performed by a housing authority;

(k) respecting the establishment and operation of a residential tenancies repair program for the purpose of advancing monies by loan or otherwise to the Director of Residential Tenancies or to a receiver-manager appointed by the court under The Residential Tenancies Act for the purpose of remedying the effect of contravention by the landlord of his or her obligations under section 59 of that Act.

S.M. 1990-91, c. 11, s. 203.

Costs from Consolidated Fund

45          All expenditures, advances, loans and grants required to be made by the Minister of Finance under this Act, or under an agreement made under this Act, shall be paid out of the Consolidated Fund with moneys authorized by an Act of the Legislature to be so paid and applied.

No civil liability

46          The chairperson or vice-chairperson or any member of the board or any member of any housing authority or Rural and Northern Housing Authority, or both, under the provisions of this Act, or any officer or employee of the corporation, or anyone acting under the instructions of any one of them, or under the authority of this Act or the regulations, is not personally liable for any loss or damage suffered by any person by reason of anything in good faith done, caused, permitted or authorized to be done, or omitted to be done, by him or them, pursuant to or in the exercise of or supposed exercise of the powers given by this Act or the regulations.

Act to prevail in case of conflict

47          Where a conflict arises between this Act or any provision of this Act and any other Act of the Legislature or any provision thereof, unless that other Act or provision expressly provides otherwise, this Act or the provision of this Act, prevails over the other Act or provision thereof.