Thank you, Mr. Speaker. Thank you, Mr. Dolynny.

Security of Tenure

In market housing, a landlord who wishes to end a tenancy must generally obtain the agreement of the tenant. This means the tenant has security-of-tenure. However, since 2010, a new provision in the act allows a public housing landlord to end a fixed-term tenancy by giv

ing 30 days’ notice, with a

reason for termination. This provision contrasts with the security-of-tenure enjoyed by market housing tenants.

The committee noted that the matter of differential treatment

for

subsidized

housing

received

considerable

attention

prior

to

the

2010

amendments. The rental officer and numerous organizations viewed it as discriminatory. On the other hand, the Northwest Territories Housing Corporation, NWTHC, viewed it as essential for effective delivery of social housing.

During the review of Bill 42, the rental officer recommended repealing the provisions which effectively deny public housing tenants security-of-tenure. The department disagreed, stating that these provisions allow flexibility to deal with

changing circumstances of those occupying public housing and also ensure that public housing is reserved for low-income tenants.

At the request of the committee, the department clarified its rationale for excluding public housing tenants from security-of-tenure provisions and provided a discussion paper written by the NWTHC. The discussion paper made three main points. First, because fixed-term agreements for public housing tenants do not include security-of-tenure, the NWTHC can give high-risk tenants a second chance where such tenants would be unable to secure a market rental. The NWTHC requires a mechanism for ending the tenancy if the problem behaviour continues. If the provision were to be removed, the NWTHC would have to discontinue its practice of giving high-risk tenants a second chance. The NWTHC maintains that this would not be in the public interest.

Second, the NWTHC believes that a reversal of the current provisions would have a cascade effect. For example, it would be difficult to rent out a unit when the primary tenant is away at school and wishes to return to the unit. As well, fixed-term agreements allow for short-term tenancies in an alternate unit if a fire or flood has

damaged the tenant’s primary

unit.

Third, if a tenant’s fixed-term agreement is terminated, there are numerous options for tenants who feel they have been unfairly treated: they can raise the issue at a public meeting of the local housing office, LHO; they can raise the issue with the NWTHC’s district office; they can launch an appeal; or they can request assistance from Members of the Legislative Assembly.

The department further asserted that security-of-tenure provisions for subsidized housing in the Northwest Territories are generous compared to those in many other jurisdictions, citing British Columbia, Alberta, New Brunswick, Newfoundland, Nova Scotia, Manitoba and Nunavut as examples.

In the matter of security-of-tenure provisions, the committee members’ views were not uniform. Some believe that, in the case of market rentals, security-of-tenure provisions are too onerous for landlords.

I will now pass it on to my colleague Ms. Bisaro.