Bill 104 (Legislature 11, Session 5)

L11 S5 6901

Alberta — Bills

Bill No. 104 of 1952. A BILL TO CO-OPERATE WITH THE GOVERNMENT OF CANADA AND OTHER PUBLIC AUTHORITIES IN THE PROVISION OF HOUSING. NOTE. This Bill enacts a new Act to be cited as liThe Housing Act".

Section 35 of The National Housing Act, 1944 (Canada) permits the Central Mortgage and Housing Corporation, pursuapt to agreements made between the Government of Canada and the government of a province, to undertake jointly with the Government of the Province or an agency of the Province, projects for the acquisition and develop ment of lands for housing purposes and for the construction of houses for sale or for rent.

An agreement made be tween the Government of Canada and the government of a province must provide that the capital cost of the project and profits or losses thereon shall be shared seventy-five per cent by the Central Mortgage and Housing Corporation and twenty-five per cent by the Government of the Province. The agreement shall also contain such other provisions as are considered necessary or advisable to give effect to the purposes and provisions of

section 35 of The National Housing Act, 1944 (Canada) and shall be executed on behalf of the Government of Canada by the Minister charged with the administration of The National Housing Act with the approval of the Governor in Coun.cil. When a city desires a housing project undertaken it may raise the money by ordinary borrowing or by borrowing under The Self-Liquidating Projects Act if the project can be shown to be a self-liquidating project within the meaning of that Act.

A fund to be known as the Housing Fund shall be estab lished into which may be deposited the money a city wishes to make available for a housing project. Upon a city depositing money in the Housing Fund the Government of Alberta may enter into an agreement with the Government of Canada for the purpose of undertaking a joint housing project in that city. The capital cost of the project is limited by the amount deposited by the city which is to be twenty-five per cent of the capital cost. The Province may expend the deposit in the Fund under an agreement as the Province's share of the ·capital cost.

The Lieutenant Governor in Council may vest in a city Or a board or agency of a city such powers and duties as may be necessary to carry out a housing agreement.

ii T~e mone~s received by the Province as a profit on the housIng proJect are to be returned to the city, and any losses incurred are to be borne by the city. The city is given certain powers to facilitate the com pletion of a housing project undertaken by the city. The Lieutenant Governor in Council may make regula tions for the purpose of supplying any defi.ciencies in the Act, and such regulations shall, upon publication, have the same force and effect as if enacted by this Act. The Minister of Economic Affairs is the Minister charged with the administration of this Act.

This Bill comes into force upon assent. J. W. RYAN, Acting Legislative Counsel. (This note does not form any part of the Bill but is offered in explanation of its provisions.)

BILL No. 104 of 1952.

An Act to Co-operate with the Government of Canada and Other Public Authorities in the Provision of Housing. (Assented to , 1952.) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: Sho,rt Title. 1. This A,ct may be cited as "The Housing Act".

Interpretation.

Short title 2. In this Act, unless the context otherwise requires,- l~terpreta- (a) "housing project" means a joint project for the ~'~~uSing acquisition and development of land for housing project" purposes and for the construction of houses for sale or for rent; (b) "Minister" means the Minister of Economic Affairs. "Minister" Purpose of Act. 3. The purpose of this Act is to provide means whereby Purpose low cost housing may be made available in the cities of the of Act Province and for the accomplishment of this purpose to provide,- (

a) for the execution of agreements between the Gov ernment of Canada and the Government of Alberta; (

b) f'Or the acquisition and development of land for housing purposes; (

c) for the construction of houses for sale ()r rent. 4. Where a city desires a housing project to be under- Debent~re taken wholly or partly within its limits, with the assent 'Of borrowmg proprietary electors pursuant to the provisions of The City Act and the approval ·of the Board of Public Utility Commis- sioners, it may raise money therefor,- (

a) by the issue and sale of debentures; (

b) by the delivery of debentures as security for bor rowing pursuant tD The Self-Liquidating Projects Act if the housing project can be shown to be a self liquidating project within the meaning 'Of that Act.

Housing Fund Agreement for housing project Expendi tures from Hous ing Fund Agreements Management of housing project Profits Losses 2 5.

(1) The Provincial Treasurer shall establish a fund to be known as the "H'Ousing Fund".

(2) A city may pay into the ij:ousing Fund such amount as it desires to make available for a housing fund. 6.

(1) Upon a city depositing an am'Ount in the Housing Fund pursuant to subsection (2) of secti'On 5, the G'Overn ment of Alberta may enter into an agreement with the Government of Canada pursuant to sectiDn 7 for a housing project, the capital cost of which shall not exceed fDur times the amount deposited by the city in the Housing Fund.

(2) The amDunt deposited -by the city in the Housing Fund may be expended by the Province under any agree ment pursuant to

section 35 of The National Housing Act 1944 (Canad-

a) and shall be deemed to be the twenty-five per cent share of the capital cost -of the h'Ousing project re quired tD be borne by the Province under subsection (2) 'Of

section 35 'Of The National Housing Act, 1944 (Canada.). 7. The Minister, on behalf of the Government of Alberta and with the approval 'Of the Lieutenant Govern'Or in Council may make agreements pursuant t'O the provisions 'Of and for the purposes specified in subsections (1) and (2) of

section 35 'Of The National Housing Act, 1944 (Canada) with,- (

a) the Government 'Of Canada; (

b) any agency of the Government 'Of Canada, in cluding the Central Mortgage and Housing C'Orpora tiQn established by The Central Mortgage and Hous ing Corporation Act (Canada) ; (

c) a city; (

d) any combination of the authorities mentioned in clauses (a), (

b) and (c); respecting housing pr'Ojects as c'Ontemplated in

section 35 'Of The National Housing Act, 1944 (Canada) ; 8. The Lieutenant Governor in Council by order may vest ina city ,or a bQard or agency 'Of a city such powers and duties as may be deemed exepdient t'O carry out the terms 'Of an agreement made under

section 7, including,- (

a) power to plan, construct and manage a housing pro ject undertaken under any such agreement; and (

b) P'Ower to acquire and disP'Ose of land in its 'Own • name for the hDusing project. 9. Any m'Oneys received by the Province as a profit pur suant to an agreement under sectiQn 35 of The National Housing Act, 1944 (Canada) shall be paid by the Provincial treasurer to the city which made the deposit in the Housing Fund for the purposes of the said agreement. 10.

(1) Any I'OSS required to be paid by the Province pursuant t'O an agreement under

section 35 of The National

3 Housing Act, 1944 (Canada) shall be paid by the city which made the deposit in the Housing Fund f'Or the purposes of the said agreement.

(2) In the event of the failure of a city to pay the amount of any loss required to be paid by the Pr'Ovince under the said a,greement, the Provincial Treasurer sha:ll retain from the grants payable to that city under any Act of the Province an amount equal to the amount of any loss which is required to be paid by the Province. 11.

N'Otwithstanding any other Act, the Lieutenant Gov- Delay in er110r in Council may authDrize a city in which a housing ~~vi~~~Fn~nt project is wholly or partly undertaken pursuant to this Act project to do Dr not to do such acts 'Or things as may be deemed expedient in order to avoid undue delay in the development of any such project, including the furnishing of municipal services. 12.

Subject to the regulati'Ons made under this Act and ~oint. notwithstanding the provisions 'Of any other Act of the p~~jS~~tg Legislature, the council of a city, with'Out ·the assent of the electors, may do all things necessary or conducive to the effective carrying out of a housing project c'Ommenced under this Act, and without thereby limiting the general powers of this

section conferred, a council 'Of a city may,- (

a) enter into an agreement with, (

i) the Governm,ent of Canada; (ii) an agency of the Government of Canada, in cluding the Central Mortgage and Housing Corporation; (iii) the Government of the Province; f'Or the joint undertaking of housing projects con templa ted by this Act; (

b) in accordance with an agreement, appropriate moneys from the general revenue of the city to de fray the city's portion of the annual loss by which the rentals may fail to meet the full cost of a housing project constructed under the terms of this Act; (

c) acquire, expropriate and take possession of land within the city, f'Or any or all of the purposes of this Act. General ,Pro,visio,ns. 13. The LieuteiIant Governor in Council may make such Regulations regulati'Ons as are considered necessary or advisable for the purp'Ose of carrying into effect the ,provisions of this Act according to their true intent 'and of supplying any de- ficiency therein, and such regulations, upon publication in The Alberta Gazette, shall have the same f'Orce and effect as if enacted by this Act. 14. This Act shall come into force on the day upon 90ming . mto force which it is assented to.

No. 104. FIFTH SESSION ELEVENTH LEGISLATURE 1 Elizabeth II 1952 BILL

An Act to Co-operate with the Gov ernment of Canada and other Public Authorities in the Provision of Housing. Received and read the First time .................. . Second time ....................................... . Third time ......................................... . HON. MR. HOOKE. Title: 1952 (11th, 5th) Bill 104,

An Act to Co-operate with the Government of Canada and Other Public Authorities in the Provision of Housing

Document details

Collection	Alberta — Bills
Citation	L11 S5 6901
Type	bill
Volume / chapter	L11 S5 6901
Language	en
Format	json
Source	PROVINCIAL
Identifier	d43156f381d8d66db07d356a16356f612cd238fd

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