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Protection of the Right to Adequate Housing Act

Full Title: An Act to amend the National Housing Strategy Act (right to adequate housing)

Summary#

This bill amends the National Housing Strategy Act to center affordability and security of tenure as core parts of the right to adequate housing. It directs the federal housing strategy to address the effects of institutional investment in rental housing, strengthen tenant protections, and consult provinces, municipalities, and Indigenous housing providers.

  • Adds that housing is not adequate if it is not affordable, and that housing as a human right must take priority over housing as a commodity (Bill §4(a.1)–(a.2)).
  • Requires the Minister to consult provincial/municipal housing officials and Indigenous organizations when maintaining the National Housing Strategy (Bill §5(1.1)).
  • Requires the strategy to include measures that prioritize tenant needs over investor interests, including reducing financial incentives for investors in rental properties (Bill §5(2)(b.1)).
  • Directs the development of guidelines to promote stronger rent control, prevent bad-faith evictions (including into homelessness), deter unfair data-driven rent-setting practices, deter discrimination, and improve enforcement of penalties (Bill §5(2)(b.2)(i)–(v)).
  • Requires a report to the Minister with recommendations for changes to federal laws, policies, and programs, including those from civil society consultations (Bill §13(h.1)).

What it means for you#

  • Households and tenants

    • Federal housing policy would explicitly put affordability and secure tenure at the center of “adequate housing” (Bill §4(a.1)–(a.2)). This changes policy direction but does not create a new individual legal remedy in the bill text.
    • The federal government would draft national guidelines that promote stronger rent controls, protections against bad-faith evictions, and anti-discrimination practices (Bill §5(2)(b.2)). These are guidelines; provinces/territories would need to adopt or align their laws to see changes on the ground.
    • The strategy would aim to reduce investor incentives that can drive up rents or displace tenants (Bill §5(2)(b.1)). Specific tools are not detailed in the bill.
  • Landlords and institutional investors (e.g., REITs, pension funds)

    • You could face new federal guidelines discouraging unfair business practices, including using data analytics to exchange sensitive rent and vacancy information for price-setting (Bill §5(2)(b.2)(iii)). The bill sets guidelines, not direct penalties.
    • Federal policy may seek to reduce financial incentives for investing in rental housing where those incentives conflict with tenant needs (Bill §5(2)(b.1)). The bill does not specify mechanisms.
  • Provinces, territories, and municipalities

    • The Minister must consult you in maintaining the National Housing Strategy, especially on affordable rental supply, rent regulation, and tenant rights (Bill §5(1.1)).
    • You may receive federal guidelines promoting stronger tenant protections (Bill §5(2)(b.2)). The bill does not mandate changes to your laws.
  • Indigenous organizations and communities providing housing

    • The Minister must consult you when maintaining the strategy (Bill §5(1.1)). This formalizes your role in shaping federal housing policy.
  • Civil society organizations

    • Your recommendations from consultations can be included in a report to the Minister proposing amendments to federal laws, policies, and programs (Bill §13(h.1)).
  • Timing

    • The bill sets ongoing duties to consult, maintain the strategy, and issue guidelines. It does not specify deadlines.

Expenses#

Estimated net cost: Data unavailable.

  • The bill contains no explicit appropriations, new grants, taxes, or fees (Bill text).
  • It creates ongoing duties to consult, develop guidelines, and report. Administrative costs are not estimated in public materials. Data unavailable.
ItemAmountFrequencySource
Direct federal appropriations in billCAD $0N/ABill text
New mandated transfers to other governments$0N/ABill text
Administrative costs (consultations/guidelines/reporting)Data unavailableOngoingData unavailable

Proponents' View#

  • Aligns federal law with international housing rights by elevating affordability and security of tenure as key elements of adequate housing (Preamble; Bill §4(a.1)–(a.2)).
  • Targets financialization by requiring strategy measures that prioritize tenant needs over investor interests and reduce investor incentives that erode affordable supply (Bill §5(2)(b.1)).
  • Promotes stronger and more consistent tenant protections across Canada through federal guidelines on rent control and anti-eviction measures (Bill §5(2)(b.2)(i)–(ii)).
  • Deters unfair market practices, including coordinated rent-setting via data analytics and information sharing (Bill §5(2)(b.2)(iii)).
  • Addresses discrimination and supports vulnerable groups by directing guidelines to deter differential treatment on prohibited grounds (Bill §5(2)(b.2)(iv)).
  • Improves coordination by requiring consultation with provinces, municipalities, and Indigenous housing providers, and by channeling civil society input into recommendations for federal law changes (Bill §5(1.1); §13(h.1)).

Opponents' View#

  • Jurisdictional concern: Rent control and landlord-tenant laws are provincial. Federal guidelines may have limited effect unless provinces adopt them and could be seen as intrusion into provincial powers (Bill §5(2)(b.2)).
  • Vague tools and uncertainty: The call to “reduce financial incentives” for investors lacks specifics, which could create uncertainty for builders, lenders, and pension funds considering rental projects (Bill §5(2)(b.1)).
  • Limited enforceability: The bill adds guidelines and policy direction but no binding rules or new enforcement mechanisms, risking minimal on-the-ground change (Bill §5(2)(b.2)).
  • Potential impact on supply: Signaling reduced investor incentives may deter capital for new rental construction or refurbishment, which could tighten supply if not paired with pro-supply measures. Data unavailable.
  • Administrative burden and cost: New consultations, guideline development, and reporting add tasks without a fiscal estimate or staffing plan. Data unavailable.
  • Expectations vs. remedies: Elevating housing as a human right in policy may raise expectations of individual legal rights, but the bill text does not create new remedies, risking confusion (Bill §4(a.2)).
Housing and Urban Development
Social Issues
Indigenous Affairs

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