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Provincial Housing Emergency Repair Program Regulations

made under Section 26 of the

Housing Act

R.S.N.S. 1989, c. 211

O.I.C. 2010-401 (November 2, 2010), N.S. Reg. 161/2010

as amended to O.I.C. 2016-113 (May 3, 2016), N.S. Reg. 90/2016


1     These regulations may be cited as the Provincial Housing Emergency Repair Program Regulations.


2     In these regulations,


“occupant” of a single-family dwelling means a person, other than a foster child, who is at least 16 years old and


                         (i)     has occupied the dwelling for a continuous period of at least 1 year,


                         (ii)    does not have a principal place of residence elsewhere, and


                         (iii)   does not pay rent to any owner of the dwelling;


“Minister” means the Minister of Community Services;


“owner” of a single-family dwelling means a person who holds any of the following property interests in the dwelling:


                         (i)     a registered life estate recorded under the Land Registration Act or ownership in fee simple in real property,


                         (ii)    an interest in real property under an agreement with the Director of the Veterans’ Land Act (Canada) or the Nova Scotia Farm Loan Board under the Agriculture and Rural Credit Act,


                         (iii)   for a dwelling that is a mobile home, an interest as an owner of a mobile home that is located on property under an agreement to rent, lease or purchase;


“program” means the Provincial Housing Emergency Repair Program;


“single-family dwelling” means any of the following that is used for residential purposes:


                         (i)     detached house,


                         (ii)    semi-detached house,


                         (iii)   row housing,


                         (iv)   mobile home,


                         (v)    condominium unit;


“total household income” means the total income before taxes from all sources for the occupants of the dwelling as defined by Statistics Canada, but does not include any of the following:


                         (i)     scholarships and bursaries,


                         (ii)    the universal child care benefit paid under the Universal Child Care Benefit Act (Canada),


                         (iii)   the working income tax benefit under the Income Tax Act (Canada),


                         (iv)   compensation paid to prisoner of war veterans and amounts paid for a decoration of gallantry under the War Veterans Allowance Act (Canada),


                         (v)    payments made in support of foster children paid under the Children and Family Services Act,


                         (vi)   special needs allowances paid under income support programs of the Province or the federal government.

Program eligibility

3     To be eligible under the program, all of the following criteria must be met:


                (a)    the dwelling in need of repairs must be an existing single-family dwelling located in the Province that is owned by 1 or more of the occupants of the dwelling;


                (b)    the repairs to be made to the single-family dwelling must be


                         (i)     to the physical structure of the dwelling, including any systems that provide the dwelling with water, disposal of sewage or electrical hook-up,


                         (ii)    permanent,


                         (iii)   urgent and required for the continued safe occupancy of the dwelling, as determined by the Minister;


                (c)    the occupants of the single-family dwelling must not have an annual financial capacity, including total household income and savings, to make the repairs;


                (d)    the total household income for the occupants of the single-family dwelling must be within the total household income limits set by the Minister.

Clause 3(d) replaced: O.I.C. 2012-330, N.S. Reg. 193/2012; O.I.C. 2016-113, N.S. Reg. 90/2016.

Application for assistance

4     (1)    A person applying for assistance under the program must be both an owner and an occupant of the single-family dwelling in need of repairs and must intend to continue to be an occupant of the dwelling on an ongoing basis.


       (2)    An applicant must submit an application in the form prescribed by the Minister, together with any of the following documentation or information, as requested:


                (a)    for each occupant,


                         (i)     proof of age,


                         (ii)    proof of cohabitation,


                         (iii)   proof of divorce or separation,


                         (iv)   proof of residency, and


                         (v)    proof of liquid financial assets;


                         (vi)   social insurance number;


                         (vii)  for an occupant who is an owner, proof of ownership of the single-family dwelling,


                         (viii) proof of ownership of any other residential, resource, commercial, industrial, institutional or recreational properties,


                         (ix)   a certified copy of the previous year’s income tax return, Notice of Assessment with tax information slips or Notice of Reassessment with tax information slips from the Canada Revenue Agency;


                (b)    proof that property taxes for the previous calendar year have been paid in full or proof that suitable arrangements to pay property taxes are in place with the municipality where the single-family dwelling is located;


                (c)    the most recent property tax assessment for the single-family dwelling;


                (d)    any additional documentation related to income taxes or property taxes requested by the Minister.


       (3)    An application must be accompanied by a written authorization from each occupant that


                (a)    authorizes the release of any information about the occupant that is relevant to the application, including the information and documents required under subsection (2); and


                (b)    authorizes the Minister to obtain or verify any information about the occupant that is relevant to the application, including the information and documents required under subsection (2).


       (4)    If any occupant refuses to provide the information requested under subsection (2) or the authorization required by subsection (3), the application must be rejected.

Financial assistance in form of grant

5     (1)    Financial assistance under the program must be paid in the form of a non-repayable grant.


       (2)    The Minister may make a grant under the program to an eligible applicant in any amount up to a maximum of $6500, subject to the availability of funding under the program.

Limits on what grant may be used for

6     A grant provided under the program must not be used for any expenses other than the following costs for repairs:


                (a)    the cost of labour of qualified persons, at rates not exceeding standard industry rates, plus applicable taxes;


                (b)    the cost of materials used by qualified persons, at rates not exceeding standard industry rates for the materials, plus applicable taxes;


                (c)    any related disposal costs, plus applicable taxes.