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S.M. 1985-86, c. 44
An Act to amend The Housing and Renewal Corporation Act
(Assented to July 11, 1985)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
Clause l(i) of The Housing and Renewal Corporation Act, being chapter H160 of the Revised Statutes is repealed.
Clause l(o) of the Act is amended by striking out the words
"Metropolitan Corporation of Greater" in the 2nd line thereof and substituting therefor the words "City of".
Section 2 of the Act is repealed and the following section is substituted therefor:
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.
Subsection 3(1) of the Act is repealed and the following subsections are substituted therefor:
The Lieutenant Governor in Council shall appoint 5 persons as members of the board of the corporation.
Chairperson and vice-chairperson.
In addition to the members appointed under subsection (1)
(a) the minister is a member of the board of the corporation and the chairperson of the board; and
(b) the deputy minister of the Department of Housing or of the department substituted therefor is a member of the board of the corporation and the vice-chairperson of the board.
Subsecs. 3(3) and (4) rep. and sub.
Subsections 3(3) and (4) of the Act are repealed and the following subsections are substituted therefor:
Board members to be civil servants.
The persons appointed to the board under subsection (1) shall be from the members of the public service of Manitoba with senior officer classification or the equivalent or higher classification.
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.
Subsection 3(5) of the Act is repealed.
Section 6 of the Act is repealed and the following sections are substituted therefor:
Departmental employees to carry out other duties.
All other duties and functions that may be required to be performed or carried out for the purpose of the corporation shall be performed and carried out by such officers and employees of the Department of Housing or any other department substituted therefor, as may be designated by the Lieutenant Governor in Council.
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; and
(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.
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.
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.
Subsecs. 8(1), (3) and (4) rep.
Subsections 8(1), (3) and (4) of the Act are repealed.
Subsection 8(2) of the Act is amended by striking out the words
"five million dollars or such other amount as may be authorized by an Act of the Legislature" in the 5th and 6th lines thereof and substituting therefor the words "such amount as may be established from time to time by the Lieutenant Governor in Council".
Subsection 10(5) of the Act is amended by striking out the word
"chairman" in the 5th line thereof and substituting therefor the words "chairperson or vice-chairperson".
Subsection 17(1) of the Act is repealed and the following subsection is substituted therefor:
Prior approval of project required.
The government or the corporation shall not enter into an agreement under clause 15(a) unless the board has first approved the project.
Clause 17(2) (a) of the Act is amended by striking out the words
"at least two persons of low income" in the 7th line thereof and substituting therefor the words "persons in need".
Clause 17(2) (b) of the Act is repealed.
Subsecs. 23(1), (2) and (3) rep. and sub.
Subsections 23(1), (2) and (3) of the Act are repealed and the following subsections are substituted therefor:
Incorporation of Rural and Northern Housing Authorities.
Upon the request of a municipality or a city 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 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 within the municipality or city, as the case may be.
Board may cause housing authorities to be incorporated.
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 or a city, as the case may be, 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 or city.
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.
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.
Subsection 23(4) of the Act is amended by adding thereto, immediately after the word "may" in the 1st line thereof, the words "with the approval of the board".
Subsection 23(5) of the Act is repealed and the following subsections are substituted therefor:
Composition of a housing authority.
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.
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.
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.
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.
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.
Subsection 23(6) of the Act is repealed and the following subsection is substituted therefor:
Amendment or variation of articles of incorporation.
Subsections (1) and (2) apply mutatis mutandis to the amendment or variation of the articles of incorporation of a housing authority or a Rural and Northern Housing Authority or both.
Subsection 26(1) of the Act is repealed and the following subsection is substituted therefor:
Prior approval of project required.
The government or the corporation shall not enter into an agreement under section 24 unless the board has first approved the project.
Subsection 26(2) of the Act is amended by striking out the words "recommend that a low rental housing project be undertaken", in the 1st and 2nd lines thereof and substituting therefor the words "approve a low rental housing project".
Clause 26(2) (b) of the Act is repealed.
Subsection 28(2) of the Act is amended by striking out the figures "1954" in the 3rd line thereof and substituting therefor the figures "1953-54".
Subsection 32(1) of the Act is amended by striking out the figures "1954"
(a) in the 3rd line thereof; and
(b) in the 15th line thereof;
and substituting therefor, in each case, the figures "1953-54".
Subsection 32(3) of the Act is amended by striking out the word "Minister" in the 2nd line thereof and substituting therefor the word "board".
Subsection 32(5) of the Act is amended by striking out the word "Metropolitan" in the 1st and 3rd lines thereof and substituting therefor, in each case, the words "City of".
Subsection 34(1) of the Act is repealed and the following subsection is substituted therefor:
Condition precedent to agreement.
The government shall not enter into an agreement under clause 32(1)(a) unless the board has first approved the renewal scheme.
Clause 34(2) (a) of the Act is repealed.
Subsection 34(3) of the Act is repealed and the following subsection is substituted therefor:
Board's approval of preparation of renewal scheme required.
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.
Section 38 of the Act is repealed.
Section 41 of the Act is amended by striking out the figures "1954" in the 2nd line thereof and substituting therefor the figures "1953-54".
Subsection 42(1) of the Act is amended by striking out the figures "1954" in the last line thereof and substituting therefor the figures "1953-54".
Section 44 of the Act is amended by adding thereto, immediately after clause (f) thereof, the following clauses:
(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.
The Act is further amended by adding thereto, immediately after section 45 thereof, the following section:
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.
The Act is further amended by striking out the words "Central Mortgage and Housing Corporation"
(a) in the 3rd line of section 15 thereof;
(b) in the 3rd and 4th lines of section 18 thereof;
(c) in the 7th line of subsection 29(1) thereof;
(d) in the 6th line of subsection 29(2) thereof;
(e) in the 2nd and 4th lines of subsection 21(1) thereof;
(f) in the 7th and 8th lines of subsection 21(2) thereof;
(g) in clause 24(c) thereof;
(h) in the 1st line of section 29 thereof;
(i) in the 4th and 5th lines of subsection 32(1) thereof;
(j) in the 2nd and 3rd, and 9th and 10th lines of section 35 thereof;
(k) in the 5th and 6th lines of section 39 thereof;
(l) in clause 41(b) thereof; and
(m) in clause 42(1)(c) thereof;
and substituting therefor, in each case, the words "Canada Mortgage and Housing Corporation or a corporation substituted therefor".
The Act is further amended by striking out the words "represented by the minister"
(a) in the 2nd line of section 15 thereof;
(b) in the 2nd line of section 18 thereof;
(c) in the 4th line of subsection 32(1) thereof; and
(d) in the 2nd line of section 35 thereof.
This Act comes into force on the day it receives the royal assent.