This guide and adjoining sample policies offer a framework for housing providers to implement the principles of the right to housing. This is done through exploring their relationship to the right to housing and through the implementation of housing policies that expand their residents’ access to secure and adequate housing.
This resource was produced under the project entitled Housing Providers Implementing the Right to Housing in the Supportive Housing Sector. This project received funding from the National Housing Strategy’s Demonstrations Initiative. However, the views expressed are the personal views of the author and the Canada Mortgage and Housing Corporation (CMHC) accepts no responsibility for them.
This informational pamphlet details the responsibilities of federal, provincial, territorial and municipal governments in Canada to work toward the progressive realization of the right to housing.
This pamphlet was produced by the Canadian Centre for Housing Rights (CCHR) and the National Right to Housing Network (NRHN).
This informational pamphlet outlines how governments can use the planning and development tools at their disposal to ensure that the right to adequate housing is realized. It also outlines key actions that governments should take to develop new approaches to planning and zoning to promote inclusive, vibrant communities that ensure adequate housing for all, and how individuals can engage in this process as well.
This pamphlet was produced by the Canadian Centre for Housing Rights (CCHR) and the National Right to Housing Network (NRHN).
This informational pamphlet examines the issue of renovations and upgrading that lead to evictions from rental housing, which denies people their right to security of tenure – a key component of the right to housing. We outline how “renovictions” are playing out across Canada, and how advancing the right to housing can help to address these issues.
This pamphlet was produced by the Canadian Centre for Housing Rights (CCHR) and the National Right to Housing Network (NRHN).
The Government of Canada’s National Housing Strategy (NHS) commits to address the housing needs of the most vulnerable, promote community building and encourage partnerships to advance the right to housing. How will this be done?
This pamphlet examines the extent to which governmental budgeting and resource allocation is contributing to meeting the goals the federal government has set out in the NHS, as well as its commitments to implement the right to housing as outlined in the National Housing Strategy Act (NHSA).
This pamphlet was produced by the Canadian Centre for Housing Rights (CCHR) and the National Right to Housing Network (NRHN).
Throughout 2021, CCHR and the National Right to Housing Network (NRHN) held a series of regional workshops with local partners across Canada.
During these workshops, participants identified the systemic issues that prevent people from realizing their right to housing, including issues faced by: Indigenous people, women-led households, persons with disabilities, members of racialized groups, immigrants and refugees, members of LGBTQ2S+ communities and people with low incomes.
Participants have also proposed solutions for how this right can be claimed under the National Housing Strategy Act (NHSA).
Yukon, Northwest Territories and Nunavut
In partnership with:
British Columbia
In partnership with:
Alberta, Saskatchewan and Manitoba
In partnership with:
Quebec
This workshop was led by:
Note: this report is only available in French.
Ontario
In partnership with:
New Brunswick, Nova Scotia, Prince Edward Island and Newfoundland and Labrador
In partnership with:
Renters who are facing eviction have several resources at their disposal to help them take the necessary steps to protect their right to housing. This pamphlet includes a list of resources for each province and territory in Canada to inform renters about the provincial and territorial laws that protect their tenancy, the bodies that make decisions about their tenancy, where they can receive legal help and all other protections available beyond provincial legislation.
This pamphlet was produced by the Canadian Centre for Housing Rights (CCHR) – formerly known as CERA – and the National Right to Housing Network (NRHN).
Inclusionary Zoning (IZ) is a planning tool used by municipal governments to encourage or mandate developers who intend to build new dwellings, to “set aside” a portion of these units for affordable use. Such units may be allocated for sale or lease at affordable rates. Developers may also have the option of building the affordable units in other locations within a city, or they may be able to pay cash in lieu of actually developing the units. Municipal governments may offer incentives such as further relaxations on building height or “density bonusing” to generate more investments from developers in affordable housing.
The rationale for adopting the policy partly stems from a general failure among many local governments to effectively leverage the dynamics of the market to create affordable housing options for low - and moderate-income people. For instance, in Toronto out of the 230,000 new housing units that were constructed or slated for development over the last five years, only 2% offered rents at or below market rates. Most of the new buildings are condominiums or detached homes. Housing options available for those living on fixed incomes like seniors or for people making a living off precarious employment like many young adults, are negligible.
Local planning and infrastructure investment decisions have created conditions to promote private development activity in major cities across Canada, but not enough affordable housing has emerged out of this process. Specifically, zoning amendments such as density relaxations and encouragement of mixed -use development signal greater economic activity, in turn promoting speculative behaviour in land markets. Prospective investors and developers make projections about potential development revenues generated based on the policy changes and related market and operational variables, in practice materializing into inflated investments in land. To maximize profit margins, new housing built on these lands are priced at rates that are targeted towards higher income earners.
The strategy is thus investor driven - one that endeavours to increase returns at exponential rates. The housing needs of households in the low- and moderate-income range are effectively overlooked, leading to a form of market failure that warrants some form of government intervention. Indeed, public policy appears to have created conditions for the development industry to reap windfall profits without many conditions in place to capture a meaningful portion of the proceeds for the greater needs of the public.
IZ closes part of this gap. By requiring or negotiating with developers to provide affordable housing options either directly or through cash in lieu, evidence from most jurisdictions that have experimented with the policy shows that affordable options can be created over time with varying levels of success. Plus, it is likely that the restrictive orientation of the IZ policy tool has a dampening effect on the skyrocketing prices of land in many cities.
Opponents of the policy tend to point to the policy’s cost prohibitive design. This, they suggest, leads to rising house prices, the burdens of which are carried by prospective homeowners, or supply could be constricted at a city-wide level. However, the theoretical basis and evidence to support such claims are fragile.
Firstly, property buyers tend to be sensitive to dramatic price shifts, so developers are left with little room to pass on high costs to these groups without risking losing market share. To the extent that there may be some increase in house prices in select cases, the role of IZ in this increase is minimal. In areas such as the Washington-Baltimore region, where the effects of the policy on supply have been studied, there appears to be no evidence of any negative effects after the introduction of the IZ policy.
While IZ clearly demonstrates potential, it can only work in cities with hot property markets, ones which are experiencing population and economic growth. If house prices are not escalating rapidly enough, then developers do not have the room to internalize the costs of the policy and generate sufficient returns. In fact, within cities, some neighbourhoods might be experiencing faster growth than others, implying the need for a differentiated approach to applying the policy.
Further, IZ primarily benefits moderate-income earners. A private developer can only do so much in creating affordable housing options. To sustain the arrangement, the prospective homeowner or renter must be earning a reasonable income generated from employment. This helps cover costs of rent or mortgage as well as maintenance and repairs over time. Its potential of helping meet the needs of this group is significant. Persistent shortfalls in affordable housing options can increase the risk of labour shortages on account of pricing out such households who then seek out cheaper options in other jurisdictions.
However, households in lower income categories such as newcomers and single-parent families have limited mobility options given that economic opportunities and social and physical infrastructure tend to be concentrated in larger cities. Neglecting such groups threatens the very economic dynamism and social fabric of large metropolises. A creative IZ policy that includes provisions for more stringent affordability requirements in some areas along with additional supports may hold some potential in covering a wider spectrum of income groups including households living in more precarious economic conditions.
Several European countries have experimented with various forms of IZ over the years. The United States, given its long history with implementing the policy, and comparable federal structure to Canada is noteworthy. IZ started emerging in the 1970s in American urban policy as federal housing programs started to wind down.
Today, there are over 500 IZ programs in about half of the country’s states, with jurisdictions ranging from large cities such as Chicago to smaller communities like Telluride, Colorado. The majority of initiatives is concentrated in California, New Jersey and Massachusetts. Key facts include:
The extent to which IZ can generate a significant number of affordable housing stock is contingent on the calibration of the policy, the permutations and combinations of which are determined by local context.
Montreal and Vancouver were the first Canadian cities to start experimenting with voluntary forms of inclusionary zoning. As provinces empower municipalities to adopt the policies, more are considering following suit. Notably, Toronto has proposed a mandatory program that will last for 99 years. Such actions point to an increasing recognition amongst municipal governments across Canada that value capture tools are a critical way to address the growing housing crisis in the country.
The National Housing Strategy Act (NHSA) is Canada’s first piece of legislation that identifies housing as a fundamental human right as recognized under international law.
It recognizes that all people have the “right to live somewhere in security, peace and dignity” and provides the federal government with a mandate to develop and support rights-based housing policies to advance its commitment to progressively realize the right to housing over time.
The NHSA recognizes that housing is important for the inherent dignity of a person and that it helps to build communities that are inclusive.
Under the NHSA, the federal government is required to:
The NHSA does not require:
Although the NHSA does not provide an avenue for individuals to pursue a complaint related to a violation of their individual right to housing, if many people are facing a similar kind of issue which hinders the realization of their right to housing, this may be identified as a systemic issue.
Examples of systemic issues:
People who are affected by these and other types of issues related to the right to housing may make a submission to the Federal Housing Advocate to investigate and make recommendations to the responsible Minister to take action. In some cases, the Federal Housing Advocate may also refer the issues raised in a submission to a Review Panel for public hearings.
Three key mechanisms have been created under the NHSA to hold the federal government accountable to implement the right to housing:
Each of these mechanisms has a distinct role and set of responsibilities, and all three interact with one another. Together they provide an innovative and participatory model through which systemic housing issues and human rights claims can be presented by affected groups and reviewed outside of the judicial system.
Let’s take a closer look at their roles and responsibilities.
The Office of the Federal Housing Advocate is located within the Canadian Human Rights Commission. Its role is to promote and ensure compliance with the federal government’s policy to progressively realize the right to housing over time through various mechanisms and processes.
The Advocate is responsible to:
The National Housing Council is a body created to further the progressive realization of the right to housing and oversee the National Housing Strategy. The Council advises the Minister responsible for housing issues in Canada about the effectiveness of the National Housing Strategy, and promotes participation and inclusion in housing policy development.
The NHSA requires that the Council is made up of individuals as well as government representatives, and includes representation from vulnerable groups, people with lived experience of homelessness and inadequate housing, people reflecting the diversity of Canadian society, and people with human rights expertise. Through the make-up of this Council, people who are directly impacted by housing challenges across the country will be involved in vital decisions to assess and ensure the government’s compliance with the right to housing.
The Council is responsible to:
The role of the Review Panel is to hear selective cases of systemic issues that are identified by the Federal Housing Advocate. When the Federal Housing Advocate receives one or more submissions on a systemic issue, the Advocate may request the National Housing Council to form from its members a three-person Review Panel to hear such issues. The Review Panel will be selected to ensure representation from vulnerable groups, people with lived experiences, and human rights expertise.
The Review Panel is responsible to:
Making submissions to the Federal Housing Advocate on systemic issues that deny affected groups their right to housing is a critical new tool for claiming the right to housing. The Federal Housing Advocate will engage with affected groups and conduct a thorough investigation into the issue. The Advocate’s findings and recommendations will be based on what is required under international human rights law to ensure the right to housing, and they cannot be ignored by the government. If the Advocate refers the issue to a review panel, this will provide an additional opportunity for affected individuals and groups to be heard and to bring forth their claim to the right to housing.
These mechanisms ensure that affected groups can participate and contribute to the realization of their right to housing, which is a core component of a rights-based approach. The meaningful engagement of rights holders that is outlined in the NHSA can be an effective way to claim the right to housing as established under the tenets of international law.
Lorem ipsum dolor sit amet, consetetur sadipscing elitr, sed diam nonumy eirmod tempor invidunt ut labore et dolore magna aliquyam erat, sed diam voluptua. At vero eos et accusam et justo duo dolores et ea rebum. Stet clita kasd gubergren, no sea takimata sanctus est Lorem ipsum dolor sit amet.
Lorem ipsum dolor sit amet, consetetur sadipscing elitr, sed diam nonumy eirmod tempor invidunt ut labore et dolore magna aliquyam erat, sed diam voluptua. At vero eos et accusam et justo duo dolores et ea rebum. Stet clita kasd gubergren, no sea takimata sanctus est Lorem ipsum dolor sit amet.
Lorem ipsum dolor sit amet, consetetur sadipscing elitr, sed diam nonumy eirmod tempor invidunt ut labore et dolore magna aliquyam erat, sed diam voluptua. At vero eos et accusam et justo duo dolores et ea rebum. Stet clita kasd gubergren, no sea takimata sanctus est Lorem ipsum dolor sit amet.
Lorem ipsum dolor sit amet, consetetur sadipscing elitr, sed diam nonumy eirmod tempor invidunt ut labore et dolore magna aliquyam erat, sed diam voluptua. At vero eos et accusam et justo duo dolores et ea rebum. Stet clita kasd gubergren, no sea takimata sanctus est Lorem ipsum dolor sit amet.
Lorem ipsum dolor sit amet, consetetur sadipscing elitr, sed diam nonumy eirmod tempor invidunt ut labore et dolore magna aliquyam erat, sed diam voluptua. At vero eos et accusam et justo duo dolores et ea rebum. Stet clita kasd gubergren, no sea takimata sanctus est Lorem ipsum dolor sit amet.
Lorem ipsum dolor sit amet, consetetur sadipscing elitr, sed diam nonumy eirmod tempor invidunt ut labore et dolore magna aliquyam erat, sed diam voluptua. At vero eos et accusam et justo duo dolores et ea rebum. Stet clita kasd gubergren, no sea takimata sanctus est Lorem ipsum dolor sit amet.
Lorem ipsum dolor sit amet, consetetur sadipscing elitr, sed diam nonumy eirmod tempor invidunt ut labore et dolore magna aliquyam erat, sed diam voluptua. At vero eos et accusam et justo duo dolores et ea rebum. Stet clita kasd gubergren, no sea takimata sanctus est Lorem ipsum dolor sit amet.
Lorem ipsum dolor sit amet, consetetur sadipscing elitr, sed diam nonumy eirmod tempor invidunt ut labore et dolore magna aliquyam erat, sed diam voluptua. At vero eos et accusam et justo duo dolores et ea rebum. Stet clita kasd gubergren, no sea takimata sanctus est Lorem ipsum dolor sit amet.
Lorem ipsum dolor sit amet, consetetur sadipscing elitr, sed diam nonumy eirmod tempor invidunt ut labore et dolore magna aliquyam erat, sed diam voluptua. At vero eos et accusam et justo duo dolores et ea rebum. Stet clita kasd gubergren, no sea takimata sanctus est Lorem ipsum dolor sit amet.
Lorem ipsum dolor sit amet, consetetur sadipscing elitr, sed diam nonumy eirmod tempor invidunt ut labore et dolore magna aliquyam erat, sed diam voluptua. At vero eos et accusam et justo duo dolores et ea rebum. Stet clita kasd gubergren, no sea takimata sanctus est Lorem ipsum dolor sit amet.