Bill C-416
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1st Session, 37th Parliament, 49-50 Elizabeth II, 2001
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House of Commons of Canada
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BILL C- |
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An Act to provide for adequate, accessible and
affordable housing for Canadians
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Preamble
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Whereas the provision of and access to
adequate housing is a fundamental human
right according to paragraph 25(1) of the
United Nations Universal Declaration of
Human Rights, which reads as follows:
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Whereas in 1976 Canada signed the
International Covenant on Economic, Social
and Cultural Rights, a legally binding treaty,
committing Canada to make progress on fully
realizing all economic, social and cultural
rights, including the right to adequate
housing, as outlined in paragraph 11(1) of the
Covenant:
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Whereas the enjoyment of other human
rights, such as those to privacy, to respect for
the home, to freedom of movement, to
freedom from discrimination, to
environmental health, to security of the
person, to freedom of association, and to
equality before the law are indivisible from
and indispensable to the realization of the
right to adequate housing;
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Whereas the immediate action required of
State Parties to the Covenant arises out of
paragraph 2(1) of the Covenant, which
provides that State Parties undertake to take
steps to carry out its provisions by all
appropriate means, including particularly the
adoption of legislative measures;
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Whereas the United Nations Committee on
Economic, Social and Cultural Rights has
interpreted this to mean that State Parties are
obliged to immediately begin to adopt
measures towards the full enjoyment by
everyone of the right to housing;
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Whereas the United Nations Committee
has been highly critical of Canada's failure to
make progress on the provision of adequate
housing for all Canadians, a criticism made
most recently in its concluding observations
of December 10, 1998:
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Whereas the United Nations Committee
issued a specific recommendation that Canada
implement a national strategy aimed at
reducing homelessness and poverty, which
reads in part:
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Whereas Canada's wealth and national
budget are more than adequate to ensure that
every woman, child and man residing in
Canada has secure, adequate, accessible and
affordable housing as part of a standard of
living that will provide healthy, physical,
intellectual, emotional, spiritual and social
development and a good quality of life;
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Whereas achievement of improved
housing conditions is best realized through
co-operative partnerships of government and
civil society and the meaningful involvement
of local communities;
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And Whereas the Parliament of Canada
wishes to ensure the establishment of national
goals and programs that seek to improve the
quality of life for all Canadians as a basic
right;
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Now, Therefore, Her Majesty, by and with the
advice and consent of the Senate and House of
Commons of Canada, enacts as follows:
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short title
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Short title
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1. This Act may be cited as the Housing Bill
of Rights.
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Definitions
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Interpretation
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2. The definitions in this section apply in
this Act.
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``accessible
housing'' « logement accessible »
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``accessible housing'' means housing that is
accessible to the individuals who are in
tended to occupy it, including those who are
disadvantaged by age, physical or mental
disability or medical condition, or by being
victims of a natural disaster.
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``adequate
housing'' « logement adéquat »
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``adequate housing'' means housing that is
habitable and structurally sound, and that
provides sufficient space and protection
against cold, damp, heat, rain, wind, noise,
pollution and other threats to health.
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``affordable
housing'' « logement abordable »
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``affordable housing'' means housing that is
available at a cost that does not compromise
the attainment and satisfaction of an indi
vidual's other basic needs of life, including
needs for food, clothing and access to
education.
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``Minister'' « ministre »
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``Minister'' means the Minister of Public
Works and Government Services.
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Rights respecting housing
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Right re
provision of
housing
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3. (1) Subject to this Act, every individual
has the right to secure, adequate, accessible
and affordable housing, as defined in this Act.
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Rights
enjoyed free
of discrimina- tion
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(2) Every individual has the right to the
housing referred to in section 2 without the
discrimination referred to in subsection (3).
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Forbidden
grounds of
discrimina- tion
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(3) No person shall make any
discrimination in respect of another's right to
housing under this Act on the basis of race,
national or ethnic origin, colour, religion, sex,
age, mental or physical disability, family
status, the presence of children, sexual
orientation, medical status, citizenship, level
of education, employment status, social
condition or reliance on welfare or other
public assistance.
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Rights with
respect to
housing
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4. Every individual has the following rights,
with respect to housing:
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enforcement, offences and penalties
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Enforcement
of rights
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5. Every individual has the right to bring an
action before a court of competent jurisdiction
to enforce the rights to which they are entitled
under sections 3 and 4 or otherwise under this
Act, or under any other laws designed to grant
rights to, ensure security in, and prevent
discrimination with regard to, access to
housing.
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Other
remedies
protected
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(2) Subsection (1) does not reduce or
abrogate any other remedy available at law.
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Offences and
penalties
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6. (1) Every person or legal entity that
contravenes any provision of this Act, or takes
away or threatens a right of an individual
granted by this Act, is guilty of an offence and
punishable on summary conviction
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Separate
offences
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(2) For the purposes of subsection (1), an act
or omission that takes away or threatens the
rights of more than one individual constitutes
a separate offence in respect of each such
individual.
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GOVERNMENT POLICIES AND HOUSING STRATEGY |
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General
government
housing
policies
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7. (1) The Minister shall develop and adopt,
in cooperation with the governments of all
provinces and with representatives of
municipalities and the aboriginal
communities, which cooperation includes the
conference referred to in section 12, policies
to ensure that the costs of housing in Canada
do not prevent or threaten the attainment and
satisfaction of other basic needs, including
needs for food, clothing and access to
education.
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Financial
assistance
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(2) The policies mentioned in subsection
(1) must provide for
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National
housing
strategy for
the
economically
disadvantaged
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8. (1) The Minister shall develop and adopt,
in cooperation with the governments of all
provinces and with representatives of
municipalities and the aboriginal
communities, which cooperation includes the
conference referred to in section 12, a national
housing strategy and programs to carry it out,
to ensure the full exercise of the rights granted
by this Act.
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Elements of
strategy
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(2) The national housing strategy must
provide for the availability, by January 1,
2003, of housing that meets the requirements
of this Act and that
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Implementatio
n date
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(3) The national housing strategy described
in this section shall be implemented as soon as
possible in accordance with section 12 to
ensure the fulfillment of subsection (4).
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Legally
enforceable
by 2003
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(4) The right to adequate, accessible and
affordable housing described in this Act is a
right that is legally enforceable from January
1, 2003.
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Priority for
chronically
ill-housed and
disadvantaged
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9. The programs developed under section 8
shall ensure that priority in the provision of
adequate, accessible and affordable housing is
given to
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Programs to
cover the
homeless
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10. Programs developed under section 8
shall include the provision for the rights of the
homeless described in section 11.
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Special rights
of the
homeless
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11. (1) Every individual who is homeless
has a right to the immediate provision by
public authorities of adequate, self-contained
and appropriate housing.
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Inadequate
housing
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(2) A hostel, emergency shelter or
accommodation that provides only bed and
breakfast is not adequate housing for the
purposes of subsection (1).
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Appeal
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(3) Every homeless individual who is
refused the housing provided for in subsection
(1) has the right to appeal the refusal in a court
of competent jurisdiction.
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Conference
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12. (1) The Minister shall, within 180 days
after the coming into force of this Act,
convene a conference of the ministers of the
Crown for each province responsible for
housing and representatives of municipalities
and the aboriginal communities.
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Function of
conference
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(2) The conference convened pursuant to
subsection (1) shall
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Report to
Parliament
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13. The Minister shall cause a report on the
conference, including the matters referred to
in paragraphs 12(2)(a) to (d), to be laid before
each House of Parliament on any one of the
first five days that the House sits following the
expiration of 180 days after the end of the
conference.
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Coming into
force
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Coming into force
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14. Sections 5 and 6 and subsection 11(3)
come into force on January 1, 2003.
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