The holiday season is upon us. For many, this is the time to relax at home and unwind with loved ones. However, for some renters in Ontario they may be dealing with their landlord who carries out an illegal eviction during this time and locks them out of their rental home. It is important to know your rights as a renter when faced with an illegal lockout and how you can get back into your home.
What is an illegal eviction?
Your tenancy can only be legally ended in accordance with the Residential Tenancies Act (RTA). If your landlord wants to end your tenancy, they must serve you with a notice to end your tenancy, and then file an application with the Landlord and Tenant Board (LTB) for an eviction based on a reason recognized in the RTA. If your landlord has filed an application to evict, the LTB will send you a notice of this application with a hearing date. The hearing provides you and your landlord with an opportunity to attend a hearing and describe your circumstances to an adjudicator. If the adjudicator finds that the grounds for your eviction are reasonable and fair, then they can grant an eviction order to end your tenancy. This eviction order can only be carried out by the Sheriff’s office, also known as the Court Enforcement Office. Your landlord or anyone acting in the interest of your landlord cannot carry out an eviction order on their own.
If your landlord changes your locks and prevents you from entering your home, this is illegal. Your landlord is not allowed to evict you themselves, and they are not allowed to alter a lock without providing a replacement key to you.
What to do if you’re locked out:
It is critical to act quickly if you have been illegally locked out. Taking any of the following steps could help you get back into your home. Document everything that happens related to being locked out of your unit and trying to get back in:
Talk to your landlord. Request a new key to enter your home immediately and remind them that locking you out is illegal. Keep notes about the conversation you have with your landlord.
Call the Rental Housing Enforcement Unit at 416-585-7214 and tell them you’ve been locked out illegally. They can have a Compliance and Customer Service Officer call the landlord and attempt to resolve the situation.
If you feel comfortable, call your local police and ask for help. They may be able to convince your landlord to let you back into your unit, especially if you have evidence or identification which proves your address. In some cases, the police have helped tenants re-enter their units.
Call your local legal clinic and request their urgent assistance in dealing with this situation.
File a T2 application with the LTB along with a Request to Extend or Shorten Time explaining the urgency of the situation. Instructions on filling out these forms can be found here: LTB: Forms. Often, the LTB will issue an interim order requiring your landlord to allow you back into the apartment. If the LTB does not respond to you in a couple of days, follow up. If the landlord does not comply with an interim order requiring that you be let back into your unit, contact your area’s Court Enforcement Office.
As a last resort you can hire a locksmith to change the locks on your door. You may be required to show proof that you live in the apartment. Keep a copy of the new key for your landlord. Get receipts for any work done and keep them as they can be evidence in any applications you file with the Landlord and Tenant Board or that are filed against you. You may end up responsible for paying for any damage done while accessing your apartment. If you have your unit lock changed, try to get legal advice about the steps you should take next.
As long as no one else has moved into the unit, the adjudicator at the LTB can require your landlord to allow you back in. Bring an application immediately to give your landlord minimal time to move a new tenant into the unit. The LTB will likely not let you back in once another tenant has moved in, which is why it’s so important to move quickly.
What if my landlord served me with a notice to end my tenancy (an “N-form”)?
Notices of termination (e.g. N4s, N5s, N6s N7s, N8s, N12s, N13s) are not eviction orders – they are just documents from your landlord requesting that you move out on a specified date. If you receive a notice to end your tenancy and you remain in your unit, your landlord can only end your tenancy by applying to the Landlord and Tenant Board. A hearing will then be held, which is your chance to present your circumstances to the adjudicator.
You do not have to move out on the date specified in the notice, and your landlord does not have a right to lock you out on that date.
This guide provides condominium boards with a clear overview of their obligations under Ontario’s Human Rights Code. It also informs condominium boards of their obligations regarding accessibility standards under the Accessibility for Ontarians with Disabilities Act (AODA).
The legislative framework, including Ontario’s Human Rights Code, the Residential Tenancies Act, the Condominium Act, the Accessibility for Ontarians with Disabilities Act, and condominium by-laws, rules and declaration
Discrimination and harassment under the Ontario Human Rights Code
Prohibited grounds of discrimination
Reasonable accommodations and undue hardship under the Code
The five accessibility standards under the Accessibility for Ontarians with Disabilities Act
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.
FEDERAL
The Federal Housing Advocate is now accepting submissions on systemic housing issues in Canada The Office of the Federal Housing Advocate has launched an online tool to accept submissions from communities impacted by inadequate housing and homelessness from across Canada. By sharing their experiences of housing precarity and inadequacy, communities can help inform the Advocate’s recommendations to the government to improve Canada’s housing laws, policies and programs. This is a keyway that communities can participate in driving change and advancing the right to housing for all.
Two submissions on systemic housing issues facing women and gender-diverse people have been delivered to the Federal Housing Advocate On June 14, theWomen’s National Housing & Homelessness Network and the National Indigenous Feminist Housing Working Group delivered two submissions to the Federal Housing Advocate on systemic housing issues experienced by marginalized women and gender-diverse people. The submissions outline how the failure to invest in affordable housing violates women and gender-diverse people’s right to equality and right to housing. They highlight how the National Housing Strategy is failing those who are impacted the most by the housing crisis – Indigenous women, girls, and Two-Spirit persons; single mothers living on low-incomes; women with disabilities; Black and racialized women and gender-diverse people; newcomers and refugees; and many others who face intersecting forms of marginalization.
Ontario has set the 2023 rent increase at 2.5 per cent The provincial government has set the maximum amount a landlord can raise the rent for an existing tenant at 2.5 per cent in 2023, which is double the amount set in 2022, and the highest amount since 2013. Usually, the government ties the rent increase amount to the Ontario Consumer Price Index, which would have pushed the 2023 amount to 5.3 per cent. The government said that it limited the increase to help protect tenants from significant increases, however advocates say that the 2.5 per cent figure is still too high. The rent increase guideline applies to most renters in Ontario who are covered by the Residential Tenancies Act. However it does not apply to vacant units, community housing, long-term care homes, or units that were first occupied after November 15, 2018.
Toronto’s Rent Bank program is now permanently grant-based On June 16, Toronto City Council voted in favour of converting its Rent Bank program to offer grants on a permanent basis, moving away from their previous repayable loans model. This move will help lower income residents cover deposits or pay their rent. Several advocates expressed their support for this move while encouraging the City to consider strengthening the program in the future. CERA recommended that the City increase funding and make the eligibility criteria more inclusive, while also protecting the existing stock of affordable housing and creating new affordable housing options for lower income residents to reduce the need for rent relief in the long run.
SASKATCHEWAN
Saskatchewan expands its housing benefit program but advocates say that gaps remain The Saskatchewan Housing Benefit is now available to renters who pay 35 per cent or more of their pre-tax housing income on rent. The benefit amount and asset eligibility limit have also been increased, and rent limits have been removed. The government says that these changes will allow more low-income households to receive the benefit. However, advocates say the expansion does not go far enough as several vulnerable groups remain ineligible to receive support, including people who receive other government assistance, residents in social housing programs, sponsored newcomers, and post-secondary students.
BRITISH COLUMBIA
Vancouver approves a plan to increase density along its Broadway corridor After weeks of consultation, Vancouver City Council has passed its “Broadway Plan”, which proposes to increase the density and variety of housing types in the area, including affordable housing, around an important transit hub. Several details in the plan have been deferred to the next Council which will be elected in October 2022. However, some important elements have been passed, including measures to protect existing tenants and prevent them from being displaced from their neighbourhoods.
NORTHWEST TERRITORIES
Gwich’in communities will be consulted on how a federal housing and infrastructure investment should be spent The Gwich’in Tribal Council is planning to consult Gwich’in communities to hear their priorities for how $25 million should be spent to address their critical housing and infrastructure needs. Grand Chief Ken Kyikavichik welcomed the investment while highlighting that much more is needed in their communities where the housing needs are at a critical level, and infrastructure needs alone could cost $100 million. Another $42 million will be invested in Tłı̨chǫ communities, where Grand Chief Jackson Lafferty says 35 per cent of homes are in need of major repairs. The investments are part of the federal government’s Indigenous Community Infrastructure Fund.
FEDERAL
New CMHC report examines how housing supply is impacting affordability across Canada The Canadian Mortgage and Housing Corporation (CMHC)’s new Housing Supply Report shows that even though some of Canada’s largest cities are building more rental buildings, overall housing starts have not kept pace with population growth in these cities. CMHC claims that this is the biggest issue affecting housing affordability, both for homeownership and rental housing. However, housing researcher Steve Pomeroy warns that simply increasing supply will not bring prices down, and lower-income residents continue to be squeezed out of the market. The solution will lie in increasing the right supply of housing and enacting regulations to maintain affordability levels.
NEW BRUNSWICK
Advocates say that New Brunswick’s proposed changes to tenancy law don’t go far enough to address the housing crisis The New Brunswick Coalition for Tenants Rights says that the province’s proposed amendments to the Residential Tenancy Act to cap rent increases at 3.8 per cent should be a permanent measure, rather than the current proposal to remove the cap by the end of 2022. The Coalition and opposition parties also urged the government to amend the bill to address loopholes that allow landlords to increase the rent beyond the cap, and strengthen tenant protections against renovictions and lease terminations. The Standing Committee on Economic Policy is currently studying the proposed legislation, and it is expected to receive royal assent in June.
Fredericton releases Draft Affordable Housing Strategy with 13 key recommendations The City of Fredericton has developed a Draft Affordable Housing Strategy, based on an assessment of residents’ housing needs carried out in 2021. The strategy outlines 13 recommendations to increase affordable housing by increasing City staff capacity and expertise to address issues, revising zoning bylaws, supporting community housing organizations and projects, providing land, exploring taxation tools, requesting provincial support and legislative changes, and collaborating with other municipalities on similar issues. The City has sought public feedback, and the strategy will be presented to City Council in June.
QUEBEC
New bill proposed to strengthen protections for seniors from being evicted The Quebec Solidaire opposition party has proposed legislation to prevent the eviction of seniors over the age of 65 who have lived in the same apartment for more than five years. This would change the current rule that prevents eviction of seniors over 70 who have lived in the same unit for 10 or more years. Advocates say the bill should be further strengthened to also prevent seniors’ residences from being converted into regular rental units.
ONTARIO
Affordable housing is a top issue during Ontario’s provincial election All of Ontario’s main parties made various election campaign promises to address the province’s affordable housing crisis. While all parties say they would prioritize boosting the supply of housing, the parties diverged on a range of issues impacting renters. Many advocates – including CERA’s Director of Policy and Communications, Bahar Shadpour – emphasized the need to prioritize Ontarians in greatest need and protect the province’s current affordable housing stock.
Hamilton votes to add inclusionary zoning to the City’s Official Plan Hamilton’s Planning Committee voted unanimously in favour of adding inclusionary zoning in the City’s Official Plan, to require that housing developments built along the City’s upcoming Light Rail Transit (LRT) route set aside a portion of units to be affordable.
The Region of Peel is setting up a working group to design its inclusionary zoning system Peel Region will establish a working group to design the region’s inclusionary zoning system, which is expected to create 200 new affordable housing units for low- and moderate-income households each year. The administration of the system will be managed by the Region of Peel, and the working group will be looking into how to set up various aspects of the system including the resale of affordable units, regulating access, ensuring their long-term affordability, and matching residents with units.
ALBERTA
Calgary considers launching a Housing and Affordability Task Force and Housing Security Commission Calgary’s Executive Committee has approved a proposal that the City of Calgary should look into setting up a Housing and Affordability Task Force which would recommend how to increase, measure and manage affordable housing across the city. The Committee also supported looking at different Housing Security Commission models to work with supportive housing providers, emergency shelters, and the provincial and federal governments – among other partners – to improve housing outcomes for people seeking supportive housing. Council will consider these two items in early July.
BRITISH COLUMBIA
Indigenous housing organization calls on the federal government to fund its Indigenous housing strategy The Aboriginal Housing Management Association (AHMA) – which oversees Indigenous housing and service providers in B.C. – says that over 20,000 Indigenous housing units are needed over the next 10 years. AHMA is calling on the federal government to invest $7.3 billion to implement a strategy to build and repair housing that is culturally appropriate for Indigenous people across the province.
Victoria City Council delays passing its “missing middle” housing initiative On May 26, Victoria City Council voted to refer a proposed “missing middle” housing initiative back to City staff to conduct another round of public engagements, despite the initiative having received majority support during a previous round of public consultations. If passed, the initiative would rezone single-family lots to allow for more diverse housing types, which could help create more affordable housing options. Advocates expressed concern that the delay could cause this initiative to not be passed.
YUKON
Auditor General finds Yukon has made little progress on housing in over 10 years A new report by the Office of the Auditor General of Canada (OAG) has found that the Yukon government has not acted upon recommendations made by the OAG in 2010 to address long-standing housing issues in the territory for those in greatest need. Among other issues, the report found that the wait list for community housing has steadily grown, wait times are longer, and the most vulnerable communities needing support are not being prioritized. The report includes a new set of recommendations directed to the Yukon Housing Corporation and the Department of Health and Social Services to address these issues.
Whitehorse’s draft Official Community Plan focuses on housing issues The City of Whitehorse is seeking public input on its Whitehorse 2040: Official Community Plan which identifies the city’s land use planning and development priorities for the next 20 years. With a growing population, the plan focuses on increasing density in existing neighbourhoods and expanding housing in new subdivisions. The draft plan is set to be presented to City Council in August.
NUNAVUT
Nunavut’s budget includes a focus on housing investments The Nunavut government has tabled its 2022-2023 budget which includes an increased amount for housing developments, as the government aims to build 1,000 new units over the next four years. The government also indicated that it is open to using some of its surplus to tackle Nunavut’s housing shortage, and that plans are underway to possibly increase spending on housing incrementally during the government’s mandate.
FEDERAL
2022 federal budget invests in housing but falls short in addressing the needs of those most impacted by the housing crisis The Government of Canada announced its 2022 budget on April 7. Housing is among the top areas receiving investments during this pandemic recovery period, with a total of $1.95 billion dollars to be spent this fiscal year, and a spending promise of an additional $7.45 billion until 2027. Some of the housing investments are promising, however overall the budget falls short in responding to the urgent housing needs of those most impacted by the housing affordability and homelessness crisis. Our analysis highlights the key housing investments that have been made, as well as important gaps that remain.
New report recommends how federal and provincial governments can support municipalities in addressing the housing crisis A new report by the Institute for Municipal Finance and Governance at the University of Toronto outlines how all levels of government must work together to address the housing crisis. The report focuses on the crucial role of municipalities in addressing the housing and homelessness crisis, and how the federal, provincial and territorial governments should support municipalities in their efforts.
NOVA SCOTIA
Supreme Court of Canada upholds ruling that Nova Scotia’s housing practices are discriminatory to people with disabilities On April 14, 2022, the Supreme Court of Canada dismissed the Government of Nova Scotia’s request to appeal an earlier court decision that found the province has systematically discriminated against people with disabilities by failing to provide them with meaningful access to community supports and services, effectively segregating them from the community and forcing them to live in institutions which didn’t meet their needs. The court also ordered the government to pay costs to the Disability Rights Coalition, which launched the case.
QUEBEC
Advocates call on the Quebec government to create a rent registry In the face of rising rents, the Coalition of Housing Committees and Tenant Associations of Quebec (RCLALQ) is calling on the Quebec government to create a rent registry so that prospective tenants can see the amount of rent that the previous tenant paid for the same unit. This may discourage some landlords from hiking up rents for new tenants.
ONTARIO
Government of Ontario passed new legislation to respond to the affordable housing crisis In April, the Ontario government passed Bill 109, More Homes for Everyone Act, 2022, which amends five pieces of provincial and municipal legislation to speed up housing developments. CERA submitted a series of rights-based recommendations that outline several ways to address the affordable housing crisis by encouraging the province to take a collaborative approach in its housing policy developments, empowering municipalities in their efforts to deliver affordable housing, and investing in non-profit affordable housing.
Peel Region is seeking input on a potential Vacant Home Tax The Region of Peel is conducting a survey and two public consultation sessions to gather input from residents on a Vacant Home Tax – a policy that could help to curb speculative activity in the real estate market. Revenues collected through the tax could also help to fund affordable housing initiatives in the region. One public consultation session has already taken place. Peel residents are encouraged to:
The City of Toronto plans to convert a portion of city-owned buildings into affordable housing On April 6, 2022, Toronto City Council unanimously voted to convert eight of its properties, most of which are office spaces, into affordable housing. This will add between 500 to 600 units for rent or purchase in downtown and midtown Toronto. Advocates say this move could act as a model for other governments to convert their real estate portfolio and unused office space into affordable housing.
ALBERTA
The City of Edmonton has proposed a new strategy to address growing homelessness and encampments City staff have presented a new plan to address homelessness and encampments in Edmonton, where the number of people experiencing homelessness has more than doubled during the pandemic. The plan will include a new Indigenous-led team to provide outreach support, and other outreach teams to support people into bridge housing and temporary units. The City expects the number of people who are sleeping outdoors will continue to grow. This is in part because provincial pandemic emergency shelter funding ended in March, which will cause a 44% drop in the number of available shelter spaces.
BRITISH COLUMBIA
Victoria has passed new legislation to speed up the construction of affordable housing On April 14, 2022, Victoria City Council passed new legislation that will speed up the construction of housing projects that are owned and managed by non-profits, co-operatives or government agencies. Projects that meet the City’s community plan and design guidelines will be allowed to bypass the City Council and go directly to the Director of Sustainable Planning for approval.
Vancouver will increase its Empty Homes Tax to 5% in 2023 On April 27, 2022, Vancouver City Council unanimously voted to increase the Empty Homes Tax to 5% in 2023, and have directed City staff to investigate the possibility of increasing it to 10% in the future. This follows the Mayor’s announcement made earlier in the month that the 3% tax has raised $32 million to be invested in affordable housing projects, and has reduced the number of vacant homes in Vancouver.
The first draft of the Vancouver Plan has been released After several years of consultation, Vancouver City staff have released the Vancouver Plan which will guide the City’s strategic land use and growth policies until 2050. The plan focuses on three areas: more equitable housing and complete neighbourhoods; an economy that works for all and; climate protection and restored ecosystems. If passed, the plan will outline changes that are needed to land use bylaws to allow for mixed-use, purpose-built rental and social housing across the city. Following another round of public consultations held in April, staff will present a revised draft to Council to vote on in June.
The Government of Canada announced its 2022 budget on April 7, with housing being among the top areas receiving investments during this pandemic recovery period. This budget is arriving at the halfway mark of the government’s ten-year National Housing Strategy (NHS), and there remains much room for improvement.
As investment dollars in the NHS have increased significantly since the inception of the strategy half a decade ago, the 2022 budget still does not direct adequate funds in the most effective way to address the housing needs of those living on low- to moderate-incomes. For many of these households, homeownership is well out of reach, while rental housing and alternative housing choices are becoming increasingly inadequate, inaccessible and unaffordable. Additionally, experiences of homelessness are growing in Canada.
While the 2022 budget falls short in responding to the urgent housing needs of those most impacted by the housing affordability and homelessness crisis, we analyze here the key housing investments that have been made, followed by a detailed outline of the amounts dedicated to specific housing initiatives.
Theoverall housing investment figure
Overall, this is a modest budget, with less spending than in the years before. A major portion of the budget is directed toward housing initiatives, with a total of $1.95 billion to be spent this fiscal year, and a spending promise of an additional $7.45 billion until 2027. There are also additional funds allocated towards Indigenous housing and infrastructure projects outlined in the budget. However, despite the fact that some of the housing investments are promising, they are unlikely to significantly improve housing affordability, adequacy and accessibility across Canada.
Housing supply and affordable housing
Arguably the most significant new funding initiative introduced in this budget is the investment in building new cooperative housing. The government plans to construct an estimated 6,000 new cooperative housing units, which is a major commitment to non-market housing options after decades of underfunding of the cooperative sector.
The government has also committed to adjusting its existing programs to increase the affordable housing supply. Affordability targets for the Rental Construction Financing Initiative (RCFI) will be increased to 40% of the total number of projects funded, and the government will adopt a new definition for affordability under this program. These changes respond to the important findings of a recent report from the National Housing Council, indicating that only three per cent of units created through the program to date would be affordable to lower-income Canadians. It remains unclear whether, with these measures, the government will prioritize funding for deeply affordable rental housing projects with rents considerably lower than the 80% average market rate through its commitments under the RCFI.
In addition, the government will continue its support for the Rapid Housing Initiative (RHI), one of its most effective programs in generating deeply affordable housing. This investment is estimated to create 6,000 new housing units that will be affordable to lower-income Canadians, with a quarter directed towards projects prioritizing women. Unfortunately, the government did not make the RHI a permanent fixture, and it remains unclear whether this initiative will continue beyond 2024.
The government also announced the new Housing Accelerator Fund, with a $4 billion commitment over five years. This new fund is aimed at supporting municipalities to increase their supply of housing by speeding up developments. The details of the program and requirements are yet to be developed. The government also plans to encourage the creation of secondary suites through its new Multi-generational Home Tax credit. This new fund has been allocated $5 million for this year, with increases in funding in year two and beyond. To stabilize housing for Canadians experiencing housing need, the budget continues to include funding for the Canada Housing Benefit (CHB). It includes an investment of $475 million in 2022-23 to cover a one-time $500 payment to households facing acute affordability challenges. To date, the CHB’s reach has been limited when considering the number of Canadians facing housing affordability challenges, and with its restrictive eligibility criteria, many Canadians will be unable to access this benefit.
The government has also committed $150 million over two years to build affordable housing in Nunavut, Northwest Territories and Yukon.
Finally, the government has indicated that it will conduct a review on the impact of increased commodification of housing, what it refers to as “housing as an asset class”, on renters and homeowners. Actions may be adopted following the review, which includes considerations for possible tax treatments of large corporations involved in speculation in the housing market.
Indigenous housing
The government committed to funding Indigenous housing through an investment of $4 billion over seven years, including funds for First Nations housing on reserves, and for housing in Inuit and Métis Communities. While this is an important step, it may be insufficient to have a significant impact on enhancing housing adequacy for First Nations communities. The Assembly of First Nations estimates that the cost of upgrading First Nations’ housing stock will be much higher, at $44 billion.
For years, Indigenous housing advocates have called on the federal government to establish an Urban, Rural and Northern Indigenous housing strategy, a recommendation that was once again formally made to the Minister of Housing and Diversity and Inclusion through the National Housing Council’s recent report. The budget commits funding to develop this long-overdue strategy, however, some Indigenous advocates are disappointed that the strategy is not explicitly led by Indigenous communities themselves.
Repairing and maintaining existing homes
The budget allocates considerable funds to retrofitting programs. Several initiatives are detailed, including a new initiative called the Greener Neighbourhoods Pilot Program. The program will target up to six community housing neighbourhoods to pilot the Energiesprong model, an approach to conducting retrofitting through larger-scale neighbourhood initiatives. Additionally, the expansion of the Canada Greener Homes Loan Program will include low-interest loans and grants to providers of low-income housing. It is unclear whether the government plans to approach these retrofitting initiatives in tandem with capital repair projects, which combined can more effectively increase residents’ health and safety, while reducing emissions and preserving the existing housing stock. It is also important that these projects maintain housing affordability levels and ensure that existing residents are the main beneficiaries of these investments.
Facilitating homeownership
The budget includes further commitments to various programs and initiatives meant to support the path to homeownership. Rent-to-own projects continue to receive funding support. The First-Time Home Buyers’ Tax Credit has been doubled and the government has indicated that it will explore ways to make the program more flexible. A new Tax-Free First Home Savings Account was introduced with a total budget of $725 million, which will come into effect next year.
Important gaps in the 2022 budget
Overall, the budget includes commitments for several important housing initiatives. However, it falls short in making a major contribution to solving the affordable housing crisis or supporting the growing housing needs of low- to moderate-income Canadians. Missing are commitments to urgently tackle the housing adequacy crisis in long-term care homes, plans to repair and preserve the aging affordable housing stock, efforts to build affordable rental housing options, expanding supports to women experiencing hidden homelessness, and effective strategies to tackle housing financialization. Despite the government’s priority to support women and children who are survivors of domestic violence to access stable housing, the budget does not include specific investments to reach this goal.
Additionally, the taxation policies outlined in the budget do not go far enough to effectively regulate domestic investors or curb speculative behaviours in the housing market.
Disappointingly, the budget does not include a commitment to advancing housing as a human right, as legislated in its National Housing Strategy Act. A rights-based approach would ensure that programs and funding allocations, even in the current recessionary context, effectively respond to the needs of those most impacted by the housing crisis.
The funding breakdown
Here is a detailed outline of some of the 2022 federal budget’s housing commitments:
Cooperative Housing Development Program
Cooperative housing is an affordable, secure and inclusive housing option for many Canadians. The new Co-operative Housing Development Program will support the construction of 6,000 new cooperative housing units to be built over five years. This is the largest investment in cooperative housing by the federal government in 30 years. It shows the government’s renewed commitment to community-based non-market housing options. The 2022 budget allocates $500 million in funding and $1 billion in loans for the new program. The program will allocate $6 million this year, which is to be increased to $34 million next year and above $70 million in the following years. A portion of funding under this new stream will be redirected funds from the National Co-Investment Fund and the Rental Construction Financing Initiative. The program will be implemented in partnership with the Cooperative Housing Federation of Canada.
The Rapid Housing Initiative
The 2022 budget invests $1.5 billion over two years to the Rapid Housing Initiative (RHI), with most of the funds earmarked for this fiscal year, and with at least 25 per cent dedicated to women-focused housing projects. This funding stream has proven to be an effective way to build deeply affordable, supportive housing and to urgently respond to the needs of vulnerable Canadians. While this funding is welcome and an important initiative, it is disappointing that the government has not committed to making it a permanent fixture with future funding commitments.
The Housing Accelerator Fund
The new Housing Accelerator Fund received considerable funding to allow the federal government to support municipalities to streamline and speed up the construction of housing projects. It received a budget of $4 billion over four years, to help create 100,000 new housing units, with the majority of funds flowing after the second year. The implementation plan of this fund is yet to be revealed.
The National Co-Investment Fund
No new money has been allocated to the National Co-Investment Fund (NCIF). However, the government will advance $2.9 billion from already provisioned funds, speeding up the delivery of planned investments so that all remaining funds will be spent by 2025-26. The government aims to accelerate the creation of up to 4,300 new housing units and the repair of up to 17,800 units through the NCIF. The budget did not specify whether this fund will be streamlined and how it intends to ensure that it can more effectively support affordable housing projects.
Indigenous housing
The budget commits to investing $4 billion over seven years in housing for Indigenous Communities. This includes $2.4 billion over five years to support First Nations housing on reserves, as well as funds to support housing in Inuit and Métis Communities. In addition, through a $300 million investment over five years, the government will co-develop and launch an Urban, Rural, and Northern Indigenous Housing strategy.
The budget also outlines the government’s $75 million plan for the implementation of the United Nations Declaration on the Rights of Indigenous Peoples Act, with $4 million budgeted for this year. Through funding and partnership with Justice Canada and Natural Resources Canada, it plans to co-develop an action plan with Indigenous partners.
Rental Construction Financing Initiative
The budget outlines the government’s commitment to reform the Rental Construction Financing Initiative (RCFI) by enhancing affordability and energy efficiency requirements. It announced that eligible developers could be granted partial loan forgiveness for projects that significantly exceed these requirements. The budget announced that the RCFI’s goal will be to invest at least 40 per cent of its funds in affordable housing developments. The definition of affordability under this stream has also been revised. Affordability will now be defined as rents that are at or below 80 per cent of average market rent. However, in many cities across Canada where rents have skyrocketed, these affordability targets fail to create housing that is deeply affordable.
Banning foreign investors
In its attempt to curb rising prices of residential homes, the budget outlined the federal government’s plans to prohibit investors who are not Canadian citizens or permanent residents from buying residential homes for a two-year period. A list of exemptions is provided, including for international students or people residing in Canada on work permits. Given that a major portion of the speculative and investor-driven demand is from domestic players, it is doubtful that this two-year ban will have any significant impact on reducing residential housing prices.
Reaching Home
The Reaching Home stream is part of Canada’s main strategy to end homelessness, funding initiatives to support those experiencing or at risk of homelessness. The government announced new funding starting in 2024 of $562.2 million over two years, which will go to Infrastructure Canada to continue the funding for Reaching Home, ensuring the continuity of this program.
Canada Housing Benefit
The Canada Housing Benefit received an additional $475 million to provide a one-time payment of $500 to recipients. The details of this one-time payment are yet to be released. Launched in 2020, the Canada Housing Benefit represents a joint funding commitment between federal and provincial governments of $4 billion over eight years.
Multi-generational Home Tax Credit
The government has proposed a new tax credit to provide up to $7,500 for homeowners to build a secondary suite to be used by a senior or a person with a disability. Next year, in the 2023-24 fiscal year, households can use this credit to claim a portion of their renovation and construction costs for secondary suites.
Extend the Rapid Housing Initiative for another year.
Top-up the Canada Housing Benefit in 2022.
Move forward on a Housing Accelerator Fund.
Re-focus the Rental Construction Financing Initiative with a new definition of affordability.
New report reveals that the National Housing Strategy is falling short on creating affordable housing The National Housing Council’s report has revealed that the federal government’s National Housing Strategy is not on track to address the housing needs of communities in core housing need, namely people living in homelessness, Indigenous peoples, women and children fleeing domestic violence, and newcomers. The report outlines that – at the mid-way point of its implementation – the 10-year strategy has not increased affordable housing options, and estimates that only 3% of units created under the strategy’s rental construction fund could be considered affordable to low-income households. The Minister of Housing and Diversity and Inclusion, Ahmed Hussen, has said that he will look to see what changes could be made to the strategy.
Establish a national Urban, Rural and Northern Indigenous Housing Body.
Establish an interim mechanism to fund immediate needs.
Provide immediate and sustained investment in urban, rural and northern Indigenous housing.
Further engagement efforts to understand urban, rural and northern Indigenous homelessness.
NEW BRUNSWICK
2022 budget includes a rent cap for tenants, protections against evictions, and a tax cut for landlords In its 2022 budget, the Government of New Brunswick has announced that rent increases for 2022 will be capped at 3.8 per cent, with a possible extension of the cap beyond 2022. The government says the cap will be retroactive to January 1, 2022. However several concerns have been raised that the new policy requires legislation to be enforceable. The budget also indicates that tenants who are evicted without cause could be eligible for compensation and landlords may face a penalty. Additionally, the government will also introduce a 50 per cent cut to the property tax rate for apartment buildings and rental homes.
The City of Saint John requests urgent provincial intervention in supportive shelters The City of Saint John has requested help from the provincial government to consider the resources, supports and interventions that are needed to provide adequate shelters options for people experiencing homelessness with complex needs such as addictions and mental health challenges. The City has raised concerns that these individuals are not able to safely stay at existing shelters, and need additional supports from the provincial government.
Advocates call on the Government of Quebec to recognize the right to housing A group of over 500 organizations and individuals led by the Front d’action populaire en réaménagement urbain (FRAPRU) are calling on the Government of Quebec to recognize the right to housing in its housing policy and the Charter of Human Rights and Freedoms. The group also called on the government to include substantial investments in social housing in its 2022 budget, and to implement new regulations to address renovictions, short-term rentals, and real estate speculation.
ONTARIO
Ottawa adopts a Vacant Unit Tax to encourage an increase in the housing supply On March 22, Ottawa City Council adopted a one per cent Vacant Unit Tax for non-primary residences that are left vacant for more than 184 days in a year. The tax is intended to encourage homeowners to maintain, occupy or rent their properties – instead of leaving them vacant – to increase the housing supply. Several exemptions will be permitted, which have drawn critiques from some housing groups. The City estimates that the tax could generate roughly $6.6 million per year, which would be used to fund affordable housing. The tax will come into effect in 2023.
Cornwall is considering a new by-law to prevent renovictions On March 29, Cornwall City Council agreed to ask city staff to prepare a feasibility report for a new by-law that would limit the number of tenants that landlords who own multiple units can evict at one time to do renovations. This move from City Council is coming one month after a corporate landlord served all 92 units at an apartment complex with “renoviction” notices. Staff will consult the City’s legal team and present a report at the end of April
MANITOBA
New stakeholder engagement report on homelessness has been released As part of the development of its homelessness strategy, the Government of Manitoba has released a new report summarizing feedback from community stakeholders on homelessness in the province, with a focus on nine themes: housing, income, other services, transitions, prevention, service delivery, non-profit funding, private sector’s role and accountability. The report is meant to help inform the government’s new homelessness strategy, to be released later in 2022.
BRITISH COLUMBIA
Provincial and municipal governments are at odds on how to address housing supply BC’s Housing Minister has said that the province is considering legislation to override municipalities that refuse to approve new social housing or housing developments near transit. The statement prompted a response from the Union of BC Municipalities, in the form of a controversial report, contesting the claim that the province’s housing crisis can be attributed to a shortage of housing supply. The exchange highlights an ongoing debate in the province on how to address the housing affordability crisis and which level of government holds responsibility.
NORTHWEST TERRITORIES
Minister asks for increased and more flexible federal funding for northern housing On March 22, the Minister responsible for the Northwest Territories Housing Corporation and homelessness, Paulie Chinna, spoke at the federal government’s Standing Committee on Indigenous and Northern Affairs. The Minister asked the Committee to consider various policies to support housing in northern Canada, including multi-year capital funding for new public housing, continued operational funding for public housing, and allowing local and territorial governments to have more control over how federal funds are spent.
NUNAVUT
New federal funding for affordable housing in Nunavut announced The federal government will invest $45 million through the Rapid Housing Initiative to build 101 affordable homes across Iqaluit, Sanirajak, Kimmirut, Naujaat, Kugaaruk and Pond Inlet. This announcement follows a plea from Premier P.J. Akeeagok in January 2022, who noted that Nunavut needs 3,500 new affordable homes to help address the housing crisis.
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).
FEDERAL
Canada’s first Federal Housing Advocate has been appointed On February 4, the Minister of Housing and Diversity and Inclusion, Honourable Ahmed Hussen, announced that Marie-Josée Houle has been appointed as Canada’s Federal Housing Advocate, for a 3-year term. The Federal Housing Advocate’s role is key to ensuring that the government fulfills its commitment to advance the right to housing for all in Canada. This is a significant new mechanism to claim the right to housing in Canada, because it can ensure that affected groups participate and contribute to the realization of their right to housing. Learn more about the Advocate’s role and the other key mechanisms that are in place to advance the right to housing.
Rights-based recommendations for the 2022 federal budget In February 2022, the federal government opened its pre-budget consultation process, requesting Canadians to share ideas and priorities for its 2022 budget. CERA submitted recommendations to the federal government to advance the right to housing through its 2022 budget in the following ways: developing and implementing an Urban, Rural and Northern Indigenous Housing Strategy; enhancing supports for people experiencing homelessness; increasing investments in deeply affordable housing; promoting the construction of affordable purpose-built rental housing; protecting the existing affordable housing supply; assisting tenants and stabilizing their housing, and; adequately funding the mechanisms under the National Housing Strategy Act so that they can effectively carry out their mandates.
Inuit leader calls for the federal budget to address the Inuit housing crisisNatan Obed, the President of Inuit Tapiriit Kanatami, has called on the federal government to include increased investments in building and repairing thousands of housing units for Inuit communities in its 2022 budget. These communities have faced decades of severe issues related to overcrowding and substandard housing, which also contribute to spreading infectious diseases. Mr. Obed also called on the government to bring all housing programs impacting Inuit communities in line with international human rights law, and to deliver funds directly to Inuit organizations to administer themselves.
The 2021 Rental Market Report reveals that housing is increasingly unaffordable On February 18, the Canada Mortgage and Housing Corporation (CMHC) released its 2021 Rental Market Report, which highlights that rental affordability continues to be a significant challenge across Canada, and that there is “an acute scarcity of rental options” for people living on lower incomes.
The federal government announces housing investments to support Black householdsOn February 1, the federal government announced that it would invest up to $50 million for Black-led organizations to build housing, as well as to fund affordable housing for Black renters. The government indicated that the reason for this investment is to address the high and disproportionate number of Black Canadians who are in core housing need and who pay more than 30% of their income on housing costs.
The federal government proposes a one per cent tax on foreign-owned vacant homes The Underused Housing Tax Act proposes placing a tax on homes owned by non-residents of Canada that are empty, excluding vacation or recreational properties. Properties that are the primary residence of the owner, their partner or their children would also be exempt. The government estimates that $150 million could be raised per year through this tax, which could be used to build more affordable housing. The Act is part of the federal government’s proposed Bill C-8, and is currently being considered by the House of Common Finance Committee.
PRINCE EDWARD ISLAND
Charlottetown adopts new regulations for short-term rental units Charlottetown city council has approved a bylaw to limit the types of housing units that are permitted to operate as short-term rentals in the city. The new bylaw bans property owners from operating multiple short-term rental properties. Short-term rentals will only be allowed in primary residences. The council is still considering whether it will apply a one-year grace period before the rules come into effect, and is set to make a final decision at an upcoming meeting in March. If the grace-period is applied, the new rules would take effect on March 28, 2023.
P.E.I.’s Official Opposition proposes that a new Residential Tenancy Act recognize housing as a human right On February 22, the Green Party caucus, as P.E.I.’s Official Opposition, proposed to the Minister of Social Development and Housing that a new Residential Tenancy Act (RTA) should recognize housing as a human right, as a shift away from treating housing purely as a commodity. The Official Opposition proposed several other measures to be included in the RTA including a cap on rent increases, maintaining a moratorium on renovictions, and setting property-maintenance standards. The P.E.I. government began reviewing a proposed new RTA in 2019, and recently requested input from residents.
QUEBEC
A new provincial affordable housing program has been launched On February 3, the Quebec government announced a new program, called the Programme d’habitation abordable Québec (PHAQ), which will provide for-profit housing developers with subsidies if they commit to build affordable housing units which are held at the median market rate for at least 15 years. Advocates have expressed concern that the program does not address the needs of some of the most vulnerable groups, such as low-income tenants, and that the government has not been clear as to whether the new program would replace another subsidized housing program, AccèsLogis.
ONTARIO
Proposed amendments to Ontario’s Housing Services Act through a rights-based approach On February 17, CERA submitted recommendations to the Ontario government’s Ministry of Municipal Affairs and Housing regarding its proposed amendments to the Housing Services Act (HSA). The HSA is a piece of legislation that sets out rules related to subsidized housing in the province. We provided a set of rights-based recommendations related to how the HSA governs Service Agreements between affordable housing providers and service managers, adjustments needed to improve service level standards, and the equitable management of social housing waiting lists.
Advocates raise concern over inadequate resources in Toronto’s 2022 budget to tackle the housing crisis On February 17, the City of Toronto approved its 2022 operating and capital budget. CERA joined nearly 60 organizations calling on the City to increase investments to address the multiple crises – including housing and homelessness – that low- and moderate-income residents are experiencing by living in an increasingly expensive and under-resourced city. CERA had also submitted recommendations for the City to better reflect its commitment to realize the right to housing by using a rights and equity-based lens when making financial commitments. During City Council deliberations, Councillor Gord Perks proposed increasing investments toward rent supplements and funding the Office of the Housing Commissioner, but the motion was ultimately defeated.
Advocates in York Region discuss policy needs for a post-pandemic recovery Over 90 participants joined an event hosted by the Social Planning Council of York Region on January 28 to discuss the policies needed to address a range of issues that have been exacerbated by the COVID-19 pandemic. CERA’s Executive Director, Alyssa Brierley, suggested several policies to tackle the decades-long housing crisis that has worsened during the pandemic. Specifically, she recommended increases to the supply of purpose-built rental housing, increasing rent-geared-to-income housing, and amendments to zoning bylaws to increase densification so that more communities have greater access to services closer to where they live.
Toronto will ask the Ontario government to introduce a new tax to curb housing speculation and flipping On February 2, Toronto city council voted in favour of asking the Ontario government to introduce a Home Speculation and Home Flipping Tax to curb the escalating cost of real estate driven by home flippers and land speculators in Toronto, which is also contributing to increasing the cost of housing across the province. This vote is the second major development at Toronto city council in the past two months aimed at tackling the financialization of housing, the first being the adoption of Toronto’s new Vacant Home Tax introduced in December 2021. Relatedly, recent census data shows that vacant homes have increased in Toronto over the past five years, whereas they have declined in Vancouver where a vacant home tax and anti-speculation measures have been in place for a longer period.
BRITISH COLUMBIA
B.C.’s 2022 budget increases investments in housing but major gaps remain On February 22, the B.C. government released its 2022 budget, with increased investments in housing & homelessness prevention. Specifically, the budget dedicates funds aimed at preventing homelessness through the provision of rent supplements to stabilize housing, wraparound services for youth in or aging out of care, and housing sites for people with complex needs. It will also invest in research to identify the unique needs of women experiencing homelessness, including Indigenous women, women of colour and transgender persons. The budget also dedicates funds to build affordable housing, with the majority going toward the development of mixed-income rental housing for low-income families and seniors. However, advocates have highlighted gaps in the budget related to Indigenous housing, supports for people with disabilities and a lack of an acquisition strategy to protect existing affordable housing.
Vancouver is considering by-law amendments to better enforce property standards and maintenance On February 8, Vancouver city council unanimously voted in favour of requesting staff to develop recommendations for improving the effectiveness of its Standards of Maintenance by-law to better address properties that have a history of non-compliance. Specifically, city council has requested staff to consider recommendations to: raise minimum and maximum fines for certain violations; shorten the time period before the city can intervene when maintenance work has not been addressed; add cooling standards during hot weather. Council also requested staff to analyze the possible impact of these measures on tenant evictions, the possibility of requiring information to be posted in the lobbies of single-room occupancies, and requiring city staff to follow up with tenants after an inspection. City staff are expected to report back to council before the end of June 2022.
YUKON
The City of Whitehorse considers setting up a new committee to help tackle its housing shortage Whitehorse city council is set to vote during the first week of March on a motion to establish a new Housing and Land Development Advisory Committee to address the city’s housing shortage. If established, the committee would make recommendations to city council on how to address roadblocks and opportunities for new housing developments, gaps in market and non-market rentals, and changes to policies and bylaws. The committee would be comprised of people from the construction industry, First Nations governments, and the wider community.
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