RSNL1990 CHAPTER H-11 - HOUSING ACT

RSNL1990 CHAPTER H-11 HOUSING ACT Amended: RSN1990 cR-8; 1991 c36; 2001 cN-3.1 s2; 2006 c40 s21 CHAPTER H-11 AN ACT RESPECTING THE DEVELOPMENT OF HOUSING ACCOMMODATION Analysis 1. Short title 2. Definitions 3. Housing projects 4. Agreements with co-operatives 5. Powers of minister 6. Municipal projects 7. Municipal borrowing 8. Expenses of municipal authority 9. Urban renewal schemes 10. Powers of municipal authority 11. Powers re: urban renewal scheme 12. Housing standards 13. Incorporation of companies 14. Agent of CMHC 15. Housing authorities 16. Powers, duties, etc. of authorities 17. Authority may administer projects 18. Staff 19. Financing 20. Acquisition of land 21. Vesting of title 22. Disposal of land 23. Assessment of land 24. Assessment claims 25. Reduction of assessment 26. Change re: assessments 27. Disposal of land, etc. 28. Regulations 29. Regulations re: authority 30. Penalty 31. Power to expedite projects 32. Payment instead of taxes 33. Acts not applicable Short title 1. This Act may be cited as the Housing Act. RSN1970 c160 s1 Back to Top Definitions 2. In this Act (a) "authority" means a corporation referred to in section 15; (b) "corporation" means the Canada Mortgage and Housing Corporation; (c) "court" means the Supreme Court of Newfoundland and Labrador ; (d) "federal Act" means the National Housing Act ( Canada ); (e) "housing project" means a project, together with the land upon which it is situated, consisting of 1 or more houses, or 1 or more multiple-family dwellings or a combination of houses and multiple-family dwellings, together with public space, recreational facilities, commercial space and other buildings appropriate to the project; (f) "land" includes (i) chattels real as defined in the Chattels Real Act, (ii) all highways, roads, streets or other ways, (iii) all buildings and parts of buildings and all machinery and fixtures erected or placed in or on buildings, in, over, or affixed to land, (iv) all structures and fixtures erected or placed upon, in, over, under or which are affixed to a highway, or other public communication, land or water, and (v) the leasehold or other interest in land; (g) "minister" means the minister appointed under the Executive Council Act to administer this Act; (h) "municipal area" means an area in which a municipal authority has jurisdiction; (i) "municipal authority" means the City of St. John's, the City of Corner Brook, the City of Mount Pearl and a town, community or regional council or local service district established or continued under the Municipalities Act; (j) "official community plan" means a master plan of community development and land utilization prepared by a local planning authority and legally adopted by or on behalf of a municipal authority; (k) "the partnership" means the Crown and the corporation; (l) "urban renewal area" means a blighted or substandard area of a municipal area for which the Lieutenant-Governor in Council has approved the implementation of an urban renewal scheme; (m) "urban renewal scheme" means a scheme for the renewal of a blighted or substandard area of a municipal area that includes (i) a plan designating the buildings and works in the area that are to be acquired and cleared in connection with the scheme and for making available to persons dispossessed of housing accommodation by that acquisition or clearance, decent, safe and sanitary housing accommodation at rentals that are fair and reasonable having regard to the incomes of the persons to be dispossessed, (ii) a plan describing the proposed street pattern and land use for the area, and the program for the construction or improvement in the area of municipal services, schools, parks, playgrounds, community buildings and other public facilities, (iii) 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, (iv) 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 preventing those facilities from becoming substandard, and (v) the estimated costs of the scheme and that will be developed in accordance or in harmony with an official community plan. RSN1970 c160 s2; 1977 c46 s5; 1979 c33 Sch C; 1981 c4 Sch A; 1984 c40 Sch B; 1988 c35 s443; 1989 c30 Sch B; RSN 1990 cR-8 s44; 2001 cN-3.1 s2 ; 2006 c40 s21 Back to Top Housing projects 3. (1) Subject to the approval of the Lieutenant-Governor in Council, the minister may on behalf of the Crown (a) undertake projects alone; or (b) make agreements with (i) the Crown in right of Canada represented by the minister who may be authorized on that behalf under an Act of the Parliament of Canada, (ii) a municipal authority, or (iii) a person, partnership, firm or corporation, respecting joint projects for (c) the acquisition and development of land for housing purposes or for a purpose incidental or related to housing purposes; (d) the construction of housing projects or housing accommodation of the hostel or dormitory type for sale or for rent; (e) the acquisition, improvement and conversion of existing buildings for a housing project or for housing accommodation of the hostel or dormitory type; (f) the preparation of urban renewal schemes and for the carrying out of those schemes; (g) the conducting of studies relating to the condition of urban areas, to means of improving housing or to the need for additional housing or for urban redevelopment; (h) providing works for the supply of water or for the disposal of sewage; (i) constructing, reconstructing, repairing or maintaining roads and bridges; or (j) the relocation of a part of the population of the province. (2) The Lieutenant-Governor in Council may appoint a municipal authority to be, and to act as, an agent for the Crown and, in that capacity and when so authorized by order of the Lieutenant-Governor in Council to undertake jointly with the corporation a project mentioned in paragraphs (1)(c), (d) and (e) in respect of which the minister has made an agreement under that subsection with the Crown in right of Canada and when so authorized by order of the Lieutenant-Governor in Council, to plan, construct and manage a project jointly undertaken under the agreement. (3) An agreement made under subsection (1) between the minister and the Crown in right of Canada respecting a joint project mentioned in paragraphs (1)(c), (d) and (e) shall provide for the sharing by the corporation and the Crown or an agent of the Crown of the capital cost of the joint project in respect of which the agreement is entered into and the profits or losses on the project and shall contain those other provisions that the Lieutenant-Governor in Council considers necessary or advisable to give effect to the purposes and provisions of this Act and of section 79 of the federal Act. (4) An agreement made under subsection (1) respecting joint projects under paragraph (f) of that subsection shall provide for the sharing of the cost of the preparation of an urban renewal scheme, including the cost of all economic, social and engineering research and planning necessary for it, and of the cost of the carrying out of that scheme, and shall contain those other provisions that the Lieutenant-Governor in Council considers necessary or advisable to give effect to the purposes and provisions of the federal Act as to contributions or loans made in implementation of an urban renewal scheme. (5) A municipal authority which is appointed an agent of the Crown under subsection (2) and which is authorized under that subsection to undertake jointly with the corporation a project mentioned in paragraphs (1)(c), (d) and (e) in respect of which the minister has made an agreement with the Crown in right of Canada shall assume in respect of the joint undertaking the share of that agent of the joint project and the profits or losses on it referred to in subsection (3). RSN1970 c160 s3; 1977 c46 s5 Back to Top Agreements with co-operatives 4. (1) Subject to the approval of the Lieutenant-Governor in Council, the minister may on behalf of the Crown make an agreement with a co-operative society registered under the Co-operative Societies Act undertaking jointly with the society a project for the construction of (a) houses to be conveyed upon the completion of the construction project to members of the society together with the land that may be granted by the conveyance; or (b) houses for the use of members of the society, and for the acquisition of land for either of those purposes. (2) An agreement made under subsection (1) may contain those terms and conditions that the Lieutenant-Governor in Council prescribes. (3) Repayment of an amount advanced under an agreement made under subsection (1) and interest on it shall be secured by mortgage, but the Lieutenant-Governor in Council may prescribe other security instead of or in addition to a mortgage. RSN1970 c160 s4 Back to Top Powers of minister 5. The minister has the powers necessary to enable him or her to carry out (a) a project undertaken; and (b) the terms of an agreement made under this Act. RSN1970 c160 s5 Back to Top Municipal projects 6. Subject to the approval of the Lieutenant-Governor in Council, a municipal authority may acquire, undertake, carry to completion, maintain and operate a public housing project or housing accommodation within its municipal area and for those purposes may (a) acquire and develop land for housing purposes; (b) construct housing projects or housing accommodation of the hostel or dormitory type for sale or for rent; and (c) acquire, improve and convert existing buildings for a housing project or for housing accommodation of the hostel or dormitory type, and may exercise other powers or do other things that may be required to be exercised or done for the purposes of that housing project or housing accommodation. RSN1970 c160 s6 Back to Top Municipal borrowing 7. Subject to the approval of the Lieutenant-Governor in Council, a municipal authority may borrow money that is necessary for the purposes of section 3, 6, 9 and 11, and to secure the money borrowed it may (a) issue debentures as provided for in the Municipalities Act; or (b) mortgage land, in which case it need not issue debentures, notwithstanding anything contained in the Municipalities Act. RSN1970 c160 s7; 1979 c33 Sch C Back to Top Expenses of municipal authority 8. A municipal authority may appropriate money from its general revenue to defray its annual expenses or losses incurred in the operating of a housing project or housing accommodation. RSN1970 c160 s8 Back to Top Urban renewal schemes 9. (1) Subject to the approval of the Lieutenant-Governor in Council, a municipal authority may enter into agreements with (a) the Crown; (b) a person referred to in subparagraphs 3(1)(b)(i), (ii) and (iii); or (c) 2 or more of the persons referred to in paragraphs (a) and (b) for the preparation and carrying out of urban renewal schemes, including agreements by which the municipal authority receives contributions or loans for implementation of those schemes. (2) An agreement made under subsection (1) shall provide for the sharing of the cost of the preparation of the scheme, including the cost of all economic, social and engineering research and of the cost of the carrying out of that scheme, and shall contain those other provisions that the Lieutenant-Governor in Council considers necessary or advisable to give effect to the purposes and provisions of the federal Act as to contributions or loans made in implementation of an urban renewal scheme. (3) A municipal authority may enter into agreements with (a) the Crown; (b) a person referred to in subparagraphs 3(1)(b)(i), (ii) and (iii); or (c) 2 or more of the persons referred to in paragraphs (a) and (b) for providing works for the supply of water or for the disposal of sewage. RSN1970 c160 s9; 1977 c46 s5 Back to Top Powers of municipal authority 10. A municipal authority has the powers necessary to enable it to carry out (a) a project undertaken; and (b) the terms of an agreement made under this Act. RSN1970 c160 s10 Back to Top Powers re: urban renewal scheme 11. (1) A municipal authority may, subject to the approval of the Lieutenant-Governor in Council, prepare and carry out an urban renewal scheme. (2) A municipal authority may, for the purposes of carrying out an approved urban renewal scheme, (a) acquire and clear, service and develop land within the urban renewal area; (b) demolish, remove, replace, renovate, repair and maintain buildings and other improvements owned or acquired by it in the urban renewal area; (c) sell, lease or otherwise alienate property in the urban renewal area; (d) assist the relocation of persons dispossessed of housing accommodation by the scheme; (e) establish and enforce minimum standards for existing property in the urban renewal area; (f) exercise those other powers or do those acts or things that may be required to be exercised or done in order to carry out the urban renewal scheme; and (g) subject to the approval of the Lieutenant-Governor in Council, make regulations to give effect to the purpose of this section. (3) Regulations made under subsection (1) constitute subordinate legislation for the purposes of the Statutes and Subordinate Legislation Act. (4) A municipal authority or an authorized officer or employee of the municipal authority has the right to enter into or upon property within the municipal area of the municipal authority for the purpose of making an inspection required in connection with the preparation of an urban renewal scheme or the carrying out or enforcement of the provisions of an urban renewal scheme, and (a) where entrance into or upon the property is refused, a Provincial Court judge may, upon application made on behalf of the municipal authority, by order require the occupier of the property to admit an officer or employee of the municipal authority into or upon the property for the purpose of an inspection; (b) an application under paragraph (a) shall be supported by an affidavit of an officer of the municipal authority; (c) written notice of intention to make an application under this subsection shall be given to the occupier of the property; (d) service of the notice may be personal or by registered mail, and (i) where the notice is served personally, there shall be at least 2 clear days between the service of the notice and the day of hearing, or (ii) where the notice is served by registered mail, it is sufficient to mail it addressed to the occupier at his or her last known address by registered mail and there shall be not less than 7 clear days between the date of mailing and the date of hearing; (e) an order made by a Provincial Court judge under this subsection continues in force until the purpose for which it was made has been fulfilled; (f) a person who does not comply with an order made under this subsection is guilty of an offence and liable on summary conviction to a fine of not more than $100 or to imprisonment for a term not exceeding 30 days or to both a fine and imprisonment; and (g) in this subsection "occupier" means the person in possession of or having control over the property or that part of the property into which or upon which entrance was refused. (5) At the hearing of an application under subsection (4), the person appearing on behalf of the municipal authority and the occupier referred to in that subsection may call witnesses and give evidence, as if the proceeding were a civil action triable under the Small Claims Act. (6) The procedure in an application under subsection (4) respecting the subpoenaing of witnesses and compelling them to attend, the taking of evidence, the hearing of the application and other matters not specifically provided for in this section shall be governed by the Small Claims Act. (7) In an application made under subsection (4), the municipal authority shall be considered to be the plaintiff and the occupier referred to in that subsection shall be considered to be the defendant. (8) An appeal lies from an order of a Provincial Court judge under subsection (4) as from a judgment in a civil action tried under the Small Claims Act. RSN1970 c160 s11; 1979 c34 Sch; 1979 c38 s1 Back to Top Housing standards 12. (1) A municipal authority may, by regulations made under section 11, (a) prescribe standards for the maintenance and occupancy of property and prohibit the use of property that does not conform to the prescribed standards; (b) require property that does not conform to the prescribed standards to be repaired and maintained to comply with the standards or the land to be cleared of all buildings and structures and left in a graded and level condition; and (c) establish a development appeal board, which shall consist of at least 5 persons to be appointed annually by the municipal authority, none of which persons shall be officials or employees of the municipal authority, the majority of whom shall not be members of the municipal authority and any of whom may be reappointed. (2) Each member of a development appeal board shall before beginning his or her duties take and sign the following oath or affirmation of office before a person authorized to administer oaths or affirmations: "I, A.B., make oath [or affirm] and say that I will to the best of my ability faithfully perform the duties of a member of this development appeal board under and according to the Housing Act." (Where an oath is taken, add "So help me God".). (3) A requirement of the municipal authority made under paragraph (1)(b) is not enforceable with respect to property until the municipal authority has sent notice, which notice shall, if mailed, be mailed on the same day as it is dated, by registered mail to or served on the owner and all persons known to the municipal authority to have an interest in the property and upon an occupant of the property. (4) A notice sent under subsection (3) shall state that the property does not comply with the standards prescribed by regulations made under section 11 and referred to in subsection (1) of this section and that repairs are required to be made to the property, giving reasonable particulars of the repairs required to be made, or that the land must be cleared and left in a graded and level condition and stating the period of time within which the repairs are to be made or the clearing is to be done, which shall not be less than 6 months, and that, if the repair or clearance is not so done within the period of time specified, the municipal authority may carry out the repair or clearance and the cost of the work done may be levied against the property as a debt due to the municipal authority or charged against the land concerned as taxes due in respect of that land and may sue for and recover the cost of the repair or clearance. (5) A person entitled to notice under subsection (3) may within 10 days of the service of the notice, or, where the notice is mailed, within 14 days of the date appearing on that notice appeal (a) to the development appeal board established by the municipal authority; or (b) where no development appeal board is established, to the municipal authority. (6) All appeals under this section shall be in writing and shall state the circumstances and grounds of the appeal. (7) Subsections 6(2) to (6) of the Urban and Rural Planning Act shall, with the necessary changes, apply to hearings by the development appeal board or the municipal authority under this section. (8) A member of a development appeal board shall not receive remuneration for his or her services as a member but may be paid his or her actual expenses necessarily incurred in the discharge of his or her duties. (9) The development appeal board or the municipal authority shall hold a hearing of each appeal referred to in subsection (5), and, in determining the appeal, it may, by order (a) confirm, reverse or vary the terms of a notice referred to in subsection (4); and (b) grant an extension of not more than 1 year from the end of the period of time specified in the notice given under subsection (4) within which the repairs are to be made or the clearing is to be done, but an extension shall not be granted unless the development appeal board or the municipal authority is of the opinion that a refusal of the appeal would result in undue hardship, and not more than 2 extensions may be granted in respect of a property. (10) An appeal shall lie from an order of the development appeal board or the municipal authority to the Provincial Planning Board referred to in the Urban and Rural Planning Act and the Provincial Planning Board shall hear and determine the appeal under and according to that Act. (11) An appeal referred to in subsection (10) shall be made within 21 days after the date of the order of the development appeal board or the municipal authority referred to in that subsection. RSN1970 c160 s12 Back to Top Incorporation of companies 13. (1) Subject to the approval of the Lieutenant-Governor in Council, the minister, on behalf of the Crown, or a municipal authority, in its own right, may (a) incorporate a company under the Corporations Act, with those restrictions on the business that it may carry on that the Lieutenant-Governor in Council approves that will make the company eligible to apply for and receive, as a non-profit corporation as defined by the federal Act, loans under section 26 or 27 of the federal Act for low rental housing purposes, and the maximum total consideration for the shares of the company shall be the amount that the Lieutenant-Governor in Council approves; (b) incorporate or join with (i) each other, (ii) a municipal authority, or (iii) each other and a municipal authority in incorporating a company under the Corporations Act, with those restrictions on the business that it may carry on that the Lieutenant-Governor in Council approves that will make the company eligible to apply for and receive, as a public agency as defined by section 78 of the federal Act, loans under sections 80 and 81 of the federal Act for low rental housing purposes, and the maximum total consideration for the shares of the company shall be the amount that the Lieutenant-Governor in Council approves; (c) apply for and receive the loans and contributions referred to in paragraph (b) and to have all powers necessary to make him or her or it eligible to apply for and receive those loans and contributions, and, subject to the approval of the Lieutenant-Governor in Council, a municipal authority may (d) provide money, additional to the amount of a loan or contribution under the federal Act, required for a purpose referred to in sections 26, 27, 80, 81 and 82 of the federal Act and, for those purposes, raise or borrow money in the manner that the municipal authority considers appropriate, including by mortgage of land; (e) for a purpose of a company referred to in paragraph (a) or (b) or for a purpose of paragraph (c), acquire by purchase or other means land and buildings and convey, assign, transfer or lease all or a part of that land and those buildings; and (f) make loans to a company incorporated under paragraph (a) or (b), those loans to be subject to those terms and conditions that the Lieutenant-Governor in Council approves. (2) For the purpose of a company referred to in paragraph (1)(a) or a company referred to in paragraph (1)(b) which is incorporated by the minister or a municipal authority without joining with 1 or more of the other parties referred to in that paragraph (b), the Crown or the municipal authority concerned may acquire the beneficial ownership of all of the issued shares of that company for the consideration that the Lieutenant-Governor in Council approves. (3) For the purposes of a company referred to in paragraph (1)(b) and not referred to in subsection (2), the parties joining in the company may acquire the beneficial ownership of all of the issued shares of that company (a) for the consideration; and (b) in the number, with regard to the Crown or an individual municipal authority, that the Lieutenant-Governor in Council approves. (4) While the Crown holds issued shares referred to in subsection (2) or (3), those shares may be (a) held, as determined by the Lieutenant-Governor in Council, in the name of the Crown or of a minister of the Crown, or in a combination of those methods; and (b) voted as the Lieutenant-Governor in Council directs, in accordance with the articles and by-laws of the corporation under the Corporations Act. (5) While issued shares referred to in subsection (2) or (3) are held by a municipal authority they may be (a) held in the name of the municipal authority or in the name of a councillor or trustee of the municipal authority or in a combination of those methods; and (b) voted as directed by the municipal authority in accordance with the articles and by-laws of the corporation under the Corporations Act. (6) Notwithstanding the Corporations Act or another statute or law, the acquisition or holding by (a) the Crown; (b) a municipal authority; or (c) the Crown and a municipal authority of all of the issued shares of a company referred to in paragraph (1)(a) or (b) shall not affect the status of that company or its capacity to carry on business nor make it liable to be wound up. RSN1970 c160 s13; 1977 c46 s5; 1986 c12 Sch; 1987 c38 Sch B Back to Top Agent of CMHC 14. Subject to the approval of the Lieutenant-Governor in Council, the minister may make an agreement with the corporation undertaking to act and may act under the agreement as agent of the corporation for the purpose of carrying out a project for the construction of houses or for a purpose in connection with the construction of houses or incidental to the construction of houses. RSN1970 c160 s14 Back to Top Housing authorities 15. (1) The Lieutenant-Governor in Council may by order constitute corporations, each of which shall consist of the number of persons that the Lieutenant-Governor in Council determines and shall be known as "The . . . . . . . . . . . Housing Authority". (2) The Lieutenant-Governor in Council shall appoint the members of each authority and shall designate 1 of them to be chairperson and another to be vice-chairperson. (3) Each member of an authority holds office during pleasure, and the Lieutenant-Governor in Council may make appointments to fill vacancies which occur in the membership of an authority. RSN1970 c160 s15 Back to Top Powers, duties, etc. of authorities 16. The Lieutenant-Governor in Council may vest in and impose upon an authority those powers, duties and restrictions that are necessary or desirable to carry out the terms of an agreement made under section 3, including power to (a) plan, construct and manage a joint housing project or housing accommodation of the hostel or dormitory type undertaken under that agreement; (b) acquire and dispose of in its own name lands required for a joint housing project or housing accommodation of the hostel or dormitory type; (c) acquire, improve and convert existing buildings for a housing project or for housing accommodation of the hostel or dormitory type; (d) make, provide and lay out on land held by it streets, sidewalks, firebreaks, parks and playgrounds; (e) lay water and sewage pipes through land held by it; and (f) enter into agreements with a person, partnership or firm or with 2 or more of them. RSN1970 c160 s17 Back to Top Authority may administer projects 17. The minister may, on behalf of the Crown, make an agreement with an authority entrusting to that authority the administration of a project of a kind referred to in section 3 that is wholly owned or controlled by the Crown, or a part of that project, whether or not the project or part was developed under this Act, and may confer and impose on the authority those powers, duties and restrictions that the minister considers necessary or desirable to enable the authority to carry out the administration of the project. RSN1970 c160 s18 Back to Top Staff 18. Subject to the approval of the Lieutenant-Governor in Council, the minister or an authority may appoint and engage clerks, accountants, engineers, surveyors, architects or other staff necessary or desirable for the purpose of this Act and may fix their remuneration. RSN1970 c160 s19 Back to Top Financing 19. Money required to be provided by the Crown under this Act shall, subject to the approval of the Lieutenant-Governor in Council, be paid out of money provided by the Legislature. RSN1970 c160 s20 Back to Top Acquisition of land 20. (1) The minister may purchase, hire, expropriate, take by lease, mortgage or option or in exchange, receive by way of gift or bequest, or otherwise acquire and hold and dispose of land or personal property required in the opinion of the minister for a purpose of section 3, 4, 6, 9, 11 or 13, and the purpose shall be considered to be a purpose for which land may be expropriated under section 3 of the Expropriation Act and to which paragraph 4(1)(g) of that Act applies. (2) The expropriation of land for the minister for a purpose referred to in subsection (1) shall be by the Minister of Works, Services and Transportation in accordance with the Expropriation Act. (3) The purposes for which land may be acquired under subsection (1) include the purposes of (a) an agreement made under a section of this Act referred to in that subsection; (b) the federal Act; or (c) a company incorporated under section 13 of this Act. (4) The existence in another Act of provisions under or according to which expropriation of land required for a purpose for which land may be expropriated under or according to this Act shall not operate to prevent or invalidate expropriation under or according to this Act, nor shall this Act operate to prevent or invalidate expropriation under or according to that other Act. RSN1970 c160 s21; 1977 c46 s5 Back to Top Vesting of title 21. (1) At any time before land or an interest in land is acquired under section 20 the Lieutenant-Governor in Council may order that the title to that land or interest or to a specified portion of it or interest in it shall vest in the Crown, the corporation or the partnership or in a corporation, municipal authority or other person named in the order, and, when an order has been made under this subsection, the title shall vest in accordance with the terms of the order upon its acquisition. (2) A copy of an order made under subsection (1) certified as a copy by the minister is considered to be included among the deeds and other documents to which reference is made in section 6 of the Registration of Deeds Act, and the copy of the order so certified shall, notwithstanding a provision of that Act to the contrary, be registered in accordance with that Act without proof for registration and without payment of fees. (3) Where land is expropriated under the Expropriation Act for a purpose referred to in section 20 of this Act the word "authority" includes, for the purposes of sections 4, 7 and 14 of the Expropriation Act, a person, corporation or municipal authority named in the order made under subsection (1) of this section. (4) Where no order is made under subsection (1) the title to the land or interest mentioned in that subsection shall upon its acquisition, where it is acquired other than by expropriation, vest in the minister. RSN1970 c160 s22 Back to Top Disposal of land 22. The minister, on behalf of the Crown, or a corporation, municipal authority or person in whom title is vested under subsection 21(1) may, subject to directions which may be given by the Lieutenant-Governor in Council, use, sell or dispose of land or an interest in the land the title to which has been acquired under this Act or the Expropriation Act for a purpose referred to in section 20 and, if the land so acquired is not needed for that purpose, it may be used, sold or disposed of for another purpose whether or not of the kind referred to in section 20. RSN1970 c160 s23 Back to Top Assessment of land 23. (1) Whenever, under an agreement made under section 3, land is developed in an area for housing purposes and land in or adjacent to the area other than land of the Crown or the partnership is because of the development increased in value, whether at the time of the development or at a later time (a) where the increase of value arises before an assessment is made under this subsection, the minister may make an assessment on the land so increased in value of an amount bearing the same ratio to the total cost of the development as the value of the land to be assessed bears to the total value of all land, including land of the Crown and the partnership, in respect of which at the time when the assessment is made under this paragraph an increase of value has arisen because of the development; or (b) where the increase of value arises after an assessment was made under paragraph (a), the minister may make an assessment on the land so increased in value of an amount bearing the same ratio to the total cost of the development as the value of the land to be assessed bears to the total value of all land, including land of the Crown and the partnership, in respect of which at the time when the assessment was made under paragraph (a) an increase of value had arisen because of the development, and, in making the assessment, the opinion of the minister, as to the land in respect of which an increase of value has arisen because of the development and the value of the land, prevails and an assessment made under this subsection is final and binding on all parties. (2) An assessment may be made under subsection (1), even where the improvements in respect of which it was made are at the time of the assessment or at a later time held by a municipal authority. (3) The owner of the land shall pay the assessment made under subsection (1) to the minister, and, where the minister so directs, the holder of an interest in the land shall be individually liable for the payment of the assessment, but nothing contained in this subsection shall require the assessment to be paid more than once. (4) An assessment made under subsection (1) becomes due when it is made, but the minister may direct that an assessment or part of an assessment shall be paid in those equal instalments and at those times that he or she prescribes if the dates of payment are so fixed that the total of the instalments is payable within 5 years from the date of the assessment, but, where none of the improvements in respect of which the land was assessed is being used for the benefit of that land, the minister may allow a term longer than 5 years for the payment of the assessment subject to the condition that, if any of those improvements is so used at a later time the part of the assessment remaining unpaid shall then become payable. (5) A person paying the whole of an assessment made under this section within 3 months after the date on which it becomes due is entitled to a discount on the assessment at a rate, not in excess of 5%, to be fixed by the minister. (6) Whenever an assessment remains unpaid for a period longer than 12 months after it becomes due or is payable by instalments under subsection (4) extending over a period greater than that period of 12 months the minister may charge interest at a rate, not in excess of 6% a year, to be fixed by the minister and, whenever interest is charged on an assessment, it may be collected and attaches to and upon the land in respect of which the assessment was made in the same manner as if it were part of the assessment. (7) The minister may fix a value on land in respect of which an assessment was made under subsection (1), and after the value has been fixed the land shall not be sold to a person for a consideration less than the value so fixed. RSN1970 c160 s24 Back to Top Assessment claims 24. (1) The minister shall file with the Registrar of Deeds a claim for assessments made under section 23. (2) Each claim filed under subsection (1) shall set out (a) the date the assessment was made; (b) the name and address of the person who owns the land or in whose name the land is registered when the claim is registered; (c) a description of the land in respect of which the assessment was made; and (d) the amount of the assessment. (3) The registrar shall register each claim filed under subsection (1) so that it appears as an encumbrance on the land described in it. (4) When a claim for assessment is satisfied in whole or in part, the minister shall file with the registrar a notice of discharge of the claim or that part of it which is satisfied and the registrar shall register the notice so that it appears as a discharge of the encumbrance on the land referred to in subsection (3) to the extent stated in the notice. RSN1970 c160 s25; 1977 c59 s1 Back to Top Reduction of assessment 25. (1) The Lieutenant-Governor in Council may revise an assessment imposed under section 23 (a) by reducing the amount of the assessment, where in his or her opinion the assessment is too high, having regard to the increase of the value of the land resulting from a development referred to in subsection 23(1); or (b) by cancelling the assessment, where in his or her opinion the land assessed was not increased in value by a development referred to in subsection 23(1). (2) The provisions of this Act relating to an assessment imposed under section 23 shall apply to a revised assessment made under this section as if the revised assessment were an assessment made under section 23, but the revised assessment shall be substituted for the original assessment, and, when an assessment is cancelled under this section, the obligation of the owner of the land to pay it is discharged and the lien on the land in respect of it is released. RSN1970 c160 s26 Back to Top Change re: assessments 26. (1) An assessment made under section 23 attaches and ranks in priority from the date of the filing with the Registrar of Deeds of the assessment, and until it has been paid, it is a lien upon the land. (2) An assessment does not attach to or upon the land that is held by a person who bought it at a sale for taxes at the suit of a municipal authority after the assessment was made. (3) For the purpose of enforcing the lien established by subsection (1) the minister may proceed by foreclosure or under the Conveyancing Act in the same manner as if the minister held a mortgage on the land to which the assessment attaches. 1977 c59 s2 Back to Top Disposal of land, etc. 27. (1) All money received by the minister under section 23 or 26 shall be deposited to the credit of the Newfoundland and Labrador Exchequer Account and lands received by the minister under section 26 shall be disposed of by the minister in the manner that the Lieutenant-Governor in Council directs. (2) Where an agreement made under section 3 provides for the disposition of money or land referred to in subsection (1), the minister shall dispose of it in accordance with the agreement. RSN1970 c160 s28; 2001 cN-3.1 s2 Back to Top Regulations 28. (1) The Lieutenant-Governor in Council may make regulations generally, to give effect to the purpose of this Act. (2) Wherever a regulation made under subsection (1) conflicts with an Act of the province or a regulation, rule, by-law or order made under an Act of the province, the regulation made under subsection (1) shall prevail in respect of land or an interest in land held for the purpose of this Act by the Crown or the partnership. RSN1970 c160 s29 Back to Top Regulations re: authority 29. Subject to the approval of the Lieutenant-Governor in Council, an authority may make regulations relating to the maintenance of order in and about or the conduct of tenants in a building administered and managed by the authority and with reference to other matters which in the opinion of the Lieutenant-Governor in Council relates to the management and administration of a building entrusted to the care of the authority. RSN1970 c160 s30 Back to Top Penalty 30. A person who fails to comply with or otherwise contravenes a regulation made under this Act is guilty of an offence and liable on summary conviction to a fine not exceeding $200 and in default of payment to imprisonment for a period not exceeding 6 months. RSN1970 c160 s31 Back to Top Power to expedite projects 31. The Lieutenant-Governor in Council may, notwithstanding another Act or a regulation, rule, by-law or order made under an Act, authorize a municipal authority of a municipal area in or near which a project is undertaken under this Act to do or not to do those acts or things that he or she considers necessary or desirable in order to avoid undue delay in the development of the project and the providing of municipal services. RSN1970 c160 s32 Back to Top Payment instead of taxes 32. (1) Notwithstanding another Act or a regulation, rule, by-law or order made under that Act, the land or an interest in the land owned or held for the purpose of this Act by the Crown, the partnership or a person on behalf of either of them is free from taxation by a municipal authority while the land or the interest in the land is so owned or held. (2) The minister representing the Crown may, subject to those terms and conditions that the Lieutenant-Governor in Council may specify, pay or arrange for the payment annually to a municipal authority of a sum that in the opinion of the Lieutenant-Governor in Council is not in excess of the sum that would have been payable as taxes to that municipal authority in respect of that land or interest if the land or the interest were not so owned or held by or on behalf of the Crown or the partnership. RSN1970 c160 s33 Back to Top Acts not applicable 33. (1) The Residential Tenancies Act does not apply to a housing unit located in a housing project or housing accommodation which is administered or managed by an authority. (2) An Act providing for the extension of leases or the conversion of leases into freehold does not apply to lands or an interest in lands owned or held for the purpose of this Act by the Crown, the partnership or a person on behalf of either of them. (3) The Limitation of Actions Realty Act does not apply to lands or an interest in lands owned or held for the purpose of this Act by the Crown, the partnership or a person on behalf of either of them. RSN1970 c160 s34 ©Earl G. Tucker, Queen's Printer