sipekne'katik housing policy - draft - for march 18, 2014 community meeting

8/12/2019 Sipekne'katik Housing Policy - Draft - For March 18, 2014 Community Meeting

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S i p e k n e k a t i k H o u s i n g P o l i c y D r a f t M a r c h 1 8 2 0 1 4 1

Sipekne'katik Band

Draft Housing Policy

For Discussion Purposes OnlyDraft: March 18, 2014


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1.0 PURPOSE AND RATIONALE """""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""1.1 Vision for Housing """""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""#1.2 Goals """"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""#

2.0 DEFINITIONS """""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""

3.0 APPLICATION """"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""3.1 Application """""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""%3.2 Absence of a Written Policy """""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""%3.3 Right to Change or Discontinue Policy """"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""%

4.0 GOVERNANCE """""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""4.1 Governance Model """""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""%4.2 Role of Chief and Council """"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""&4.3 Role of the Director of Operations """"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""&4.4 Role of the Housing Committee """"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""&4.4.1 Principles """""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""&4.4.2 Responsibilities """""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""&4.4.3 Composition """""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""'4.4.4 Appointment """"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""4.4.5 Term """""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""4.4.6 Decision Making """"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""4.4.7 Remuneration """""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""4.4.8 Meetings """"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""4.4.9 Removal """""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""4.5 Role of the Director of Housing """""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""4.6 Role of the Housing Department """""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""4.7 Role of Residents """"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""

4.8 Conflict of Interest """"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""5.0 ACCOUNTABILITY """""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""6.0 CONFIDENTIALITY """""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""7.0 REGULATORY ENVIRONMENT """""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""

7.1 Federal and Provincial Building Codes """"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""7.2 Land Use Plan """"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""

8.0 FINANCIAL MANAGEMENT """""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""9.0 OPERATIONAL CONTROLS """""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""10.0 CONSTRUCTION AND RENOVATIONS """""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""

10.1 Construction of New Homes """""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""10.2 Renovations """""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""10.3 Revocation """"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""10.4 Inspection """""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""

11.0 COLLABORATION WITH OTHER DEPARTMENTS """""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""12.0 HOUSING LIST """""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""

12.1 Prioritization """"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""12.2 Overcrowding """""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""12.3 Finalization of the Housing List """"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""12.4 Movement Between Categories """"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""


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12.5 Deletions """"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""13.0 MATRIMONIAL RIGHTS """""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""14.0 SIPEKNEKATIK OWNED HOUSING """""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""

14.1 Eligibility Criteria """""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""14.2 Application Process """"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""

14.3 Application to Change Categories """""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""14.4 Housing Allocation """"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""14.4.1 House Allocation Process """"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""14.4.2 Special Circumstances """"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""14.5 Residency Agreement """""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""14.6 Additionally Occupancy """""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""14.6.1 Sublet """"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""14.7 Changing Units """""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""14.8 Maintenance of Residence """""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""14.9 Maintenance of Lots """"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""14.10 Alterations """""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""14.11 Renovations """""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""14.12 Insurance """""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""14.13 Entry into the Unit """""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""14.14 Inheritance """"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""14.15 Abandonment """"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""14.16 End of Occupancy """""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""14.17 Loss of Occupancy Rights """""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""14.18 Unlawful Occupancy """""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""14.19 Eviction Process """"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""14.20 Construction """"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""

14.21 Death """"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""15.0 LOTS """""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""16.0 PRIVATELY OWNED RENTAL HOUSING """"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""

16.1 Land Ownership """""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""16.2 Rental Housing Inventory """""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""16.3 Construction """"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""16.4 Services """"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""16.5 Maintenance """"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""16.6 Maintenance of Lots """"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""16.7 Renovations """""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""

16.8

Insurance """"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""

16.9 Sale of Privately Owned Rental Housing Units """"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""16.10 Abandonment """"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""16.11 Death """"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""16.12 Disputes """"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""

17.0 CONDEMNATION """"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""18.0 NON-MEMBERS """"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""19.0 CONFLICT WITH OTHER POLICIES AND/OR BY-LAWS """"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""20.0 RECORD KEEPING """""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""


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21.0 EVALUATION & AMENDMENT """""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""


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Sipekne'katik Band

Draft Housing Policy

For Discussion Purposes OnlyDraft: March 18, 2014

1.0 PURPOSE AND RATIONALE

This housing policy is intended to set out an operating framework with which to regulate the administratioand delivery of the housing program in Sipeknekatik Band, on all Sipeknekatik Band land and to ensure

that its members living in the community have access to affordable, adequate housing that meets orexceeds inspection and safety requirements, structural standards, fire prevention standard and health andsafety standards in the National Building Code or Nova Scotia Building Code Regulations, whichever ishigher. In so doing, this policy will contribute to the improvement of the living conditions of members ofthe Sipeknekatik Band. Accordingly, this housing policy:

Sets out standards for the delivery of the housing program in the Sipeknekatik Band. Outlines the lines of authority and responsibility for the management and delivery of the housing

program. Provides guidelines for the leadership and management with respect to housing. Helps ensure people living on reserve live in safe housing that is held to the same standard as or

higher than off reserve housing.

1.1 Vision for Housing

Sipeknekatik Bands vision for housing is to ensure that members have access to in safe, affordable, andcomfortable housing.

1.2 Goals

In order to fulfill the vision for housing, the goals of the Sipeknekatik Band with regards to housing are to

Expand the housing supply in response to population growth and the housing needs of thecommunity.

Encourage residents to be responsible for their housing unit. Establish a fair and impartial decision making process for the allocation and renovation of housing

units.


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Ensure that community members who rent from private rental property owners benefit have accessto the same rights, protective measures and dispute resolution processes available to off reserverenters

2.0 DEFINITIONSPrivately Owned Housing Privately owned housing or housing unit on the Sipeknekatik Band is

considered to be one that is not financially dependent on the Bandadministration or owned by the Band.

Privately owned housing or housing unit can include a home that isconstructed (e.g., with a basement or on a slab), a prefabricated home, or atrailer.

The private homeowner is completely financially responsible for the housing

unit and/or his/her residents or sublets even if the mortgage on a privatelyowned housing unit requires a Ministerial Loan Guarantee1 or Certificate ofPossession2.

Private homeowners are required to follow the Sipeknekatik Bands HousingPolicy when building, renovating, or purchasing a privately owned housingunit or when requiring services or applying for government funding thatflows through the Sipeknekatik Band. They must adhere to the standards seout in the National Building Code or the Nova Scotia Building CodeRegulations, whichever is higher.

Reasonable Effort A reasonable effort is defined by a phone call, a letter delivered by mail oran in-person visit from the by-law officer within 30 days.

Resident A resident is someone that has been allocated a house owned by theSipeknekatik Band.

Tenant A tenant is a person who is living in a privately owned rental unit.

( A Ministerial Loan Guarantee is a guarantee provided by the Minister of Aboriginal Affairs and NorthernDevelopment Canada to a lender to guarantee the repayment of a housing loan made to a Band borrower.* A Certificate of Possession is a certificate that outlines an allotment of land that an individual has lawfulpossession of. However, legal title to the land remains part of the Sipeknekatik Band and cannot bebought or sold by the individual. A Certificate of Possession shall be approved by the Sipeknekatik Bandand the Minister of Aboriginal Affairs and Northern Development Canada.


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Please also refer to the Sipeknekatik Band Accountability Framework that sets out the reporting andworking relationship between the Nation membership, and the elected Chief and Council andadministrative staff for the Sipeknekatik Band.

4.2 Role of Chief and Council

The responsibilities of Chief and Council include:

Approving agreements, policies, by-laws and regulations. Setting community priorities and strategies with regards to housing. Reporting to the community and its members. Ensuring the Housing Department operates in accordance with Band policies, including financial

policies. Reporting to the community and its members.

4.3 Role of the Director of OperationsThe responsibilities of the Director of Operations with regards to housing include:

Ensuring the Housing Department operates in accordance with Band policies, including financialpolicies.

Overseeing the Director of Housing. Approving housing-related planning. Reporting to Chief and Council on housing matters as informed by the Housing Committee and the

Director of Housing. Reporting to the community and its members.

4.4 Role of the Housing Committee

4.4.1 Principles

The Housing Committee will function in accordance with the following principles:

Housing will be allocated fairly and objectively and based on the criteria laid in this housing policy The quality and state of housing in the Sipeknekatik Band should meet or exceed national or

provincial standards, whichever are higher.

4.4.2 Responsibilities

The Sipeknekatik Housing Committee will oversee the delivery of the Sipeknekatik Bands housing systein accordance with this policy. It will be responsible for:

Allocating housing in accordance with this policy.


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Resolving disputes and complaints in accordance with this policy, including disputes betweentenants and landlords (owners of rental housing).

Reporting to Director of Operations at least monthly basis. Reporting to the community annually. Advising Chief and Council and/or Director of Operations on all matters related to the housing

policy. Working with the Director of Housing to ensure the policy is followed. Recommending amendments to the housing policy for the consideration of Chief and Council. Screening and selecting applicants for housing, etc. Creating and amending housing-related forms and applications. Collaborating in effective community planning, when required. Keeping up to date on all Band policies, by-laws, and matters as they pertain to the housing

program. Consider the transfer of units in the case of death of a resident (i.e., in cases of inheritance).

4.4.3 Composition

The Housing Committee will be composed of 7 people who are registered members of the SipeknekatikBand and who are at least 20 years of age.

At minimum, the Housing Committee should be comprised of at least the following:

2 Elders1 person with a disability1 single parent1 women1 men1 youth

Should there be an external representative on the housing committee, e.g., one from another First Nationor from a neighbouring community?

Those who are ineligible to sit on the Housing Committee include:

1. Elected officials may not sit on the Housing Committee during their term of office.2. Current First Nation staff (though they may be called in to provide advice or technical information

to the Housing Committee.3. Owners of private rental housing units.4. Non-Sipeknekatik Band members.5. Anyone with a conflict as defined by this policy of the Sipeknekatik Bands Conflict of Interest

policy.

The Director of Operations will serve as a non-voting Chair of the Housing Committee.

The Director of Housing shall sit as an ex-officio member of the Housing Committee.


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S i p e k n e k a t i k H o u s i n g P o l i c y D r a f t M a r c h 1 8 2 0 1 4 1 0

4.4.4 Appointment

Housing Committee members will be nominated by the community at a community meeting. If there aremore candidates than positions, each candidate will have the opportunity to address the meeting.

Speeches will be followed by a community vote at that same community meeting and candidates receivingthe majority vote (50% plus 1) will be named to the Housing Committee.

4.4.5 Term

Members of the Housing Committee will be appointed to the committee for a term of two (2) years. Theterm for the Housing Committee will begin in a year in which the term of Chief and Council does not begi

4.4.6 Decision Making

Decisions of the Housing Committee shall be made by majority vote (50% plus 1).

Decisions of the Housing Committee are final.

4.4.7 Remuneration

Voting members of the Housing Committee will receive an honorarium of at least $60 per meeting for theiparticipation on the committee.

4.4.8 Meetings

The Housing Committee will meet monthly.Special meetings may be called by the Chair of the Housing Committee, the Director of Operations, and/othe Director of Housing.

Notice of meetings, minutes, and an agenda will be prepared by the Director of Housing and distributed tomembers of the Housing Committee at least seven (7) days in advance of meetings. Due to confidentialityissues, meetings will be closed unless the Housing Committee decides otherwise.

Administrative support to the Housing Committee will be provided by the Housing Department. S/he willbe responsible for taking and preparing meeting minutes but will not be a voting member of thecommittee. Meeting minutes will be prepared and circulated to members of the Housing Committeewithin seven (7) days of a meeting. Housing Committee members will then have three (3) days in which tcomment on the minutes before they are finalized.

All minutes will be reviewed and signed by the Chair of the Housing Committee. All signed meetingminutes will be maintained and catalogued in a binder in the Housing Department. Digital copies of theminutes will also be maintained by the Housing Department and will be backed up accordingly.


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4.4.9 Removal

A member of the Housing Committee may be removed by Chief and Council if s/he:

Has not declared a conflict of interest. Is unwilling to remove oneself from a situation involving a conflict of interest. Breaches confidentiality. Receives personal benefits or gains as a result of sitting on the Housing Committee. Misses more than three (3) consecutive meetings without just cause.

When a member of the Housing Committee is removed before his/her term has expired, the communitywill appoint a new member to fill the vacancy at the next community meeting in keeping with theappointment process laid out herein.

4.5 Role of the Director of Housing

The Director of Housing is responsible for the coordination of the housing maintenance program,collection of rent, planning for new housing development, overseeing the construction of all new housingunits, and managing the capital asset planning and implementation process for the Nation. The HousingDirector will also aim to:

Expand the housing supply in accordance with need and projected population growth. Use local labour in housing construction and/or renovations, wherever possible and appropriate. Development should be undertaken in harmony with the natural environment. Green choices will

be made wherever possible.

The Housing Director is also responsible for informing the Housing Committee of breaches to this policy.

The roles and responsibilities of the Director of Housing are set out in more detail Sipeknekatik BandAccountability Framework and the associated job description.

4.6 Role of the Housing Department

The Sipeknekatik Band Housing Department is responsible for:

Providing sufficient, affordable, appropriate housing to Sipeknekatik Band members.

Undertakes property management for all Band-owned housing units, including construction,renovations and maintenance. Undertaking planning as it relates to housing. Improving the overall understanding of housing issues and resident/owner responsibilities. Implementing the housing policy. Collecting rent. Supporting the Chief and Council and Director of Operations by providing timely and accurate

information.


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Fulfilling legal, financial, and ethical obligations to members of the Sipeknekatik Band. Fulfilling legal, financial, and ethical obligations to funders and regulatory agencies. Inspecting privately own rental units in accordance with this policy. Reporting on the activities of the Housing Department.

The roles and responsibilities of the Housing Department are set out in more detail Sipeknekatik BandAccountability Framework.

4.7 Role of Residents

Residents are responsible for:

Adhering to the residency agreement. Understanding their rights and obligations as laid out in this policy. Reporting all queries, complaints and requests in writing to the Housing Department in accordance

with this policy. Maintaining housing units and the surrounding property in good and safe condition. Reporting any damages that occur.

4.8 Conflict of Interest

Chief and Council, the Housing Committee and employees of the Sipeknekatik Band are expected to treatall members and/or clients of the Sipeknekatik Band equitably and to avoid conflicts of interest. A confliof interest:

Is a situation where private interests and/or personal considerations may affect the Chief orcouncillors, employee's or committee members ability to act with integrity, ethics, honesty, anddiligence in performing their job duties or responsibilities.

May include a situation where an employee, Chief, councillor, or Housing Committee member usehis/her position, confidential information, time on the job, and or Band material or facilities, forexpected or actual private and/or personal gain or advancement.

May involve using ones position to advance ones interests and which would advance ones owninterest and/or benefit the employee, Chief, councillor, or Housing Committee member directly.

May involve the provision of special treatment that would advance the interests of or benefit anymember of the employee's, Chiefs, councillors, or Housing Committee members family, his/herfriends or acquaintances, and/or his/her business associates.

The Chief and Council, employee, or Housing Committee member shall disclose a conflict of interest to thDirector of Operations.

A failure to disclose or refrain from engaging in a conflict of interest may lead to disciplinary action,including termination or removal or a public disclosure if undertaken by the Chief or a councillor.


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Conflicts of interest shall be addressed in accordance with the conflict of interest policy as it currently exisor as it may exist in the future.

5.0 ACCOUNTABILITY

The Sipeknekatik Housing Policy will be available in hard copy for review by any member of theSipeknekatik Band at the Housing Department during regular office hours.

The Housing Department will prepare an annual report, which will summarize the activities of the HousingDepartment.

The Housing Committee will report to the Director of Operations monthly. The Director of Operations wilin turn report to the Chief and Council and the community at large with regards to the activities of theHousing Committee. Housing Committee reporting may include disclosure on the number and types ofissues it has addressed in the course of a year as a means of being accountable to the public that elected

them. This report should be prepared and presented at an annual general meeting of the community.

6.0 CONFIDENTIALITY

All persons who come into contact with sensitive, personal, and/or private information are responsible forsafeguarding the sensitivity of the information. All persons who come into contact with such informationwill exercise good judgment and will regard all such information as confidential. They will discuss the detof such information for legitimate housing business reasons only. All members must sign an oath ofconfidentiality that will remain in effect even once the members terms has expired.

The following steps will be taken to guard against breaches of confidentiality: Confidential information will only be divulged when absolutely necessary and only to authorized

persons with the permission of the applicant. Communicating confidential information should only be done in cases where it is essential for

fulfilling ones responsibilities vis a vis the housing program. Confidential information that is being sent by mail, be it through internal or external mail, should b

marked as confidential on the outside of the envelope. The envelope should be properly sealed. Hard copies of confidential information should be kept in a secure and locked location. Sensitive documents should be shredded before being disposed of.

All contracts should be held in a secured cabinet in a locked office that is not accessible by thegeneral public. Computer terminals should be guarded with passwords. Passwords should be kept confidential. All sensitive data that is transferred electronically should be password protected. Employees will maintain a clean desk. When employees leave work for the day or is absent, all

sensitive information, be it in paper or digital format, should be locked in a desk or a cabinet.


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Failure to maintain confidentiality or to divulge information only as needed may result in corrective actionincluding mandatory education, reprimand, or termination.

7.0 REGULATORY ENVIRONMENT

7.1 Federal and Provincial Building Codes

The standards set out in this housing policy shall conform to the National Building Code or the Nova ScotiBuilding Code Regulations, whichever is the higher standard.

7.2 Land Use Plan

The Housing Department will use the Sipeknekatik Land Use Plan, as it currently exists or as it may existthe future, as part of the housing planning process.

8.0 FINANCIAL MANAGEMENTThe Sipeknekatik Band shall follow sound financial operating policies and procedures for effective control offinances in order to properly maintain and monitor the housing budget and to follow reporting andaccountability requirements.

The financial management of the Housing Department will be exercised inaccordance with the Bandsfinancial management policy as it currently exists or as it may exist in the future.

The Director of Housing is responsible for overseeing the housing program budget.

9.0 OPERATIONAL CONTROLS

The fiscal year for the Housing Department will be March 31st of each year.

The Director of Housing will authorize all housing expenditures in keeping with the Sipeknekatik Bandsfinancial policies.

The Director of Operations and Director of Housing will have signing authority on housing related matters

This housing policy will also follow the operational controls as laid out in the financial policy and/or Band

operational policies, as they currently exist or as they may exist in the future.

10.0 CONSTRUCTION AND RENOVATIONS

10.1 Construction of New Homes

Only Sipeknekatik Band may construct new homes.


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10.2 Renovations

A resident who wishes to renovate or add on to the housing unit they occupy shall first obtain a buildingpermit from the Housing Department. Building permits will only be issued for renovations, notconstruction. Demolition due to safety will be undertaken by the Housing Department only.

Once a building permit is issued, the resident shall conform to the plans, specifications, documents and anyother information included in the permit application process, including any and all conditions, limitationsand stipulations that are included as part of the permit issued.

An application for a building permit can be made by completing a building permit application form,accompanied by all required supporting documents to the Housing Department.

The Housing Committee will set building permit fees annually, using area municipal level norms as a guid

Building permits are not transferable.

An application may be made to revise a building permit after it was issued. Such an application for revisioshall be made in writing and accompanied by all plans, specifications or any other document or drawings arequired by the Housing Department.

The building permit shall be posted in a visible location at the work site.

10.3 Revocation

A building permit issued in accordance with this policy may be revoked if:

It was issued based on mistaken, false or incorrect information. At least one quarter of the work associated with the permit has not been completed within six (6)

months after the issuance of the building permit. The building permit was issued in error by the Housing Department. The holder of the building permit requests that it be revoked. A term of the building permit was not complied with.

Notwithstanding the above, a building permit will normally expire after twelve (12) months after the lastinspection undertaken by the Housing Department.

If a permit is revoked, an applicant may reapply for a new permit.

10.4 Inspection

An inspection will be done in accordance with the schedule laid out in the building permit by the HousingDepartment or by an inspector selected by or authorized by the Housing Department. The inspector willreport to the Housing Department by submitting an inspection report within one week of an inspection.


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Upon notice, an inspector shall, not later than two (2) business days after receipt of said notice, undertakean inspection of the house to which the notice relates. The time periods to above shall begin on the dayfollowing the day on which the notice was given and shall not include Saturday, Sundays and all other daythe office of the Housing Department is not open for business.

The inspection will ensure that the proper material is being used in the proper application.

At minimum, inspections will occur at the following points of renovation:

1. Upon the commencement of renovation if the inspector has indicated that a review of the soils isrequired prior to forming of the footings.

2. Readiness to construct footings, prior to the placement of concrete with any requiredreinforcement in place.

3. Readiness of test holes for inspection and this inspection shall not be undertaken unless the sewagesystem application is complete and attached to the permit application for which the system applies.

4. Readiness of any foundation reinforcement requiring inspection in accordance with anapproved design.

5. Readiness of the substantial completion of the footings and foundation, including the placement ofthe drainage tile, drainage layer, parging, damp proofing or waterproofing and stone layer.

6. The substantial completion of the installation of the sewage system, before the commencement ofthe backfilling.

7. The completion of structural framing within the scope of the National Building Code or the NovaScotia Building Code Regulations, whichever standards are higher, prior to the installation ofinsulation and air/vapour barrier, with heating ventilation, air conditioning and all plumbing systemroughed in.

8. Before the front of a fireplace is installed and showing distances from fire box area to nearest

combustible material and showing the construction between the throat and chimney prior to thechimney construction.9. The completion of any below concrete floor slab rough-in plumbing and/or rough-in plumbing

above floor slab, including tests on all drains, wastes, vents and distribution system.10. Readiness of all water services from the curb stop to the interior of any building.11. Readiness of all sanitary sewer connections from the sanitary sewer lateral at the lot line to the

interior of any building.12. After the completion of the installation of insulation, including air/vapour barriers.13. Roughing in of heating, ventilation, air conditioning systems.14. Completion of all required fire separations and closures and all fire protection systems including

standpipe, sprinkler, fire alarm and emergency lighting systems.15. Completion of all fire access routes.16. Readiness and prior to occupancy of building or part thereof and water meter sealing and

approval.17. Where the building is not within the scope of the National Building Code or the Nova Scotia

Building Code Regulations, whichever standards are higher, the completion of the structuralframing, insulation, and vapour barriers, roughing in of heating, ventilation, air conditioning and aicontaminant extraction equipment, roughing-in of plumbing for each storey and, the inclusion ofsub-clause #9 above.


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18. An inspection of lot prior to sodding or seeding to confirm minimum coverage of topsoil is placedover the entire portion of the lot that has been disturbed by construction. Subsequentconfirmation by inspection that the sod is installed or that seed is in and has germinated is required

19. Final inspection to be undertaken for each permit when all work has been completed.

11.0 COLLABORATION WITH OTHER DEPARTMENTSThe Housing Department will collaborate with other departments of the Sipeknekatik Band on mattersassociated with or which affect the housing program. This may include but is not limited to economicdevelopment, operations and maintenance, social development, and/or health (home care), etc.

12.0 HOUSING LIST

The Housing List is a waiting list for housing and will be compiled, maintained, and updated regularly bythe Housing Department.

Only members of the Sipeknekatik Band may be on the Housing List. To be eligible to be placed on theHousing List, members must be older than 20 years of age and be independent from their parents.

Names and the order of names that appear on the Housing List are solely for management purposes.Having ones name appear on the Housing List does not necessarily guarantee that an applicant will beselected for or granted a housing unit.

Applicants are responsible for updating their application information for as long as their name stays on theHousing List.

The Housing Department may ask applicants to update their application or any information containedtherein and other relevant documents at least annually or on an as-needed basis. Failure to comply mayresult in the Applicants name being removed from the Housing List.

The Housing Department will make a reasonable effort within a 30-day period to contact applicants on theHousing List when a housing unit becomes available for him/her. A reasonable effort is defined by a phonecall and a letter delivered by mail or by the by-law officer.

If a housing unit becomes available for an applicant and the applicants contact information is not accurateand the Housing Department is unable to make contact with the applicant after making a reasonable effort

within a 30 day period, the housing unit will be allocated to the next eligible person on the Housing List inaccordance with the resident selection criteria laid out in this policy and the applicant will be required tosubmit a new application and begin the application process anew.

A member of the Sipeknekatik Band may not be listed on more than one housing application and/or listedin more than one category of housing on the Housing list.


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Members of the Sipeknekatik Band are responsible for the updating of their housing application each yearprior to March 31st, or as their circumstances change.

12.1 Prioritization

Within each category on the Housing List, applicants will be prioritized based on the number of pointsusing the following system:Points

Waiting TimeReceived This Year 0Waiting 1 to 4 Years 10Waiting 5 Years or More 15

Household TypeFamily with children at home 20Single parent with children at home 20Elder 10Disabled or special health needs 10Couple with no children at home 10Single with no children at home 5For homeless households add 5

Household SizeOvercrowded (see section 12.3 below) 15

House Condition

Condemned/uninhabitable (not due to neglect) 20Household IncomeUnemployed/on social assistance 10

HomelessnessDoes not have a house and is boarding or transient 20

Additional factors that will be considered when allocating houses include:

Someone who is willing to downsize, and; The size of the family in relation to the size of the house.

12.2 Overcrowding

The following guidelines will be used as the minimum number of bedrooms required in order to avoidovercrowding:

1. One bedroom for each non-married adult or couple.


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2. One bedroom for children 16 years of age or older.3. One bedroom for 2 children of the same sex up to 16 years of age.4. One bedroom for 2 children of opposite sex up to 5 years of age.

12.3 Finalization of the Housing List

The Housing List will be finalized as of March 31st of each year for the purposes of allocation for thefollowing fiscal year.

12.4 Movement Between Categories

An applicant who is on the Housing List may be moved to a different category on the Housing List when:

Their marital status changes. They turn 55 years of age. All children have reached the age of majority have left the home permanently. All minor children no longer reside in the housing unit.

12.5 Deletions

A name may be deleted from the Housing List when an applicant:

Accepts a housing unit in accordance with this policy. Dies. Ceases to be a member of the Sipeknekatik Band. Voluntarily removes him/herself from the Housing List. Declines an offer of a housing unit in accordance with this policy for a period of one (1) year. Falsifies information on their housing application.

13.0 MATRIMONIAL RIGHTS

Where a couple who is living in a band house separates or divorces, regardless if only one of them is amember of the Sipeknekatik Band, the individual awarded the home as per theMatrimonial Property Act (Nova Scotia) will be provided with the right to reside in the house.

Subject to the Matrimonial Property Act , in the case of family breakdown, where both parties are membersof Sipeknekatik Band, the parent granted primary custody of dependent children will retain possession ofthe unit.

In the case of family breakdown, where one of the parties is not a member of Sipeknekatik Band, the houwill remain in the name of the member. However, in cases where there are dependent children, the parentgranted primary custody of the dependent children will be given the right to occupy the unit, regardless ofwhether that parent is a member of Sipeknekatik Band for whatever period of time the HousingCommittee decides appropriate or at least until all dependent children reach the age of majority.


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Possession may be extended in circumstances where adult children are disabled and not able to liveindependently.

The First Nation is not liable for any investment made by the person who does not retain ownership. Inother words, compensation for such investment is to be settled between the parties.

Subject to the Matrimonial Property Act , where both parties are members of the Sipeknekatik Band andwhere there are no dependent children, the Housing Committee will assess each partys housingapplication and will allocate the unit to the party that qualify in accordance with the housing allocationcriteria described herein.

Exceptional circumstances that are not otherwise covered in these provisions will be decided by theHousing Committee and may entail a recommendation to Chief and Council that a section of this policy berevised to ensure consistency and fairness.

14.0 SIPEKNEKATIK OWNED HOUSINGThe Sipeknekatik Band will act as the landlord of Band-owned or managed housing units and memberswho occupy such units will act as residents.

All residents responsible for adhering to the housing policy, as it applies to the unit that they occupy.

The Sipeknekatik Band, through the Housing Department, will maintain a record of the resident status ofeach housing unit. The record will include, but not be limited to, the history of occupancy of the unit, Bandfunded renovations, history of policy breaches, and ownership transfers.

14.1 Eligibility Criteria

Members of the Sipeknekatik Band that are 20 years of age and older are eligible to apply to and beadded to the Housing List in accordance with this housing policy.

14.2 Application Process

The application process for rental housing or rent to own housing is as follows:

All applications for housing must be completed in writing.

A member interested in applying for housing will fill out a rental housing application form. Thisform can be acquired from the Housing Department. The member shall submit a completed application form and all required supporting

documentation to the Housing Department. Upon receipt of the application, the Housing Department will stamp it with the date and time of

receipt. The application will be submitted to the Housing Committee for review. Once it is confirmed that

the application is complete and accurate and that the applicant is eligible for housing, a copy of the


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date-stamped application will be provided to the applicant. The date stamp on the application willcorrespond with the date that the application was submitted, not the date that the application wasconfirmed as acceptable by the Housing Committee.

If both spouses hold separate applications, then the earliest date of application will be applied. The applicants name will be added to the Housing List under the appropriate housing category

based on the request of the applicant as expressed through his/her application. The Housing Committee will inform the applicant in writing of the status of his/her application (e.g

whether his/her application was accepted, whether his/her name was added to the Housing List andunder what category, or whether his/her application was denied and on what grounds theapplication was denied).

14.3 Application to Change Categories

Applicants who are on the Housing List and waiting for housing are responsible for notifying the HousingDepartment of any changes to their circumstances that may warrant or entitle them to be transferred to adifferent Housing List category.

An applicant who wishes to be moved to another Housing List category will complete a request to changehousing categories application and provide the required supporting documentation.

Upon receipt of the request to change housing categories application, the Housing Department willstamp it with the date and time of receipt.

The application will be submitted to the Housing Committee for review. Once it is confirmed thatthe application is complete and accurate and that the applicant is eligible for a category transfer, acopy of the date-stamped application will be provided to the applicant. The date stamp on theapplication will correspond with the date that the application was submitted, not the date that the

application was confirmed as acceptable by the Housing Committee. The applicants name will be moved to the new category on the Housing List under the appropriate

housing category as determined by Housing Committee based on the request of the applicant asexpressed through his/her application to change categories request.

The Housing Committee will inform the applicant in writing of the status of his/her application (e.gwhether his/her application for change was accepted, or whether his/her application was deniedand on what grounds the application was denied).

14.4 Housing Allocation

Housing allocation will be carried out in a systematic, fair and transparent way, as governed by this policy.

Housing allocation is the sole responsibility of the Housing Committee. The Housing Committee will carryout the housing allocation process in accordance with the criteria set out herein and using the prioritizationcriteria set out in this policy to guide its decision-making.

By April 30th, or as required, the Director of Housing will notify the Housing Committee about the numberof houses that are available for allocation.


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By June 30th, and subject to availability, the Housing Committee will determine who the units will beallocated to.

14.4.1 House Allocation Process

Generally, the allocation of units will be determined by the Housing Committee using the housingallocation criteria as set out in this policy.

The housing allocation process will involve the following steps:

1. Once the housing allocation has been made for the fiscal year, the Housing Committee will convento review housing applications and/or review the Housing List.

2. After a selection decision is made, a designate from the Director of Housing will notify thesuccessful applicant within three (3) days of the decision being made and the date the unit will beavailable for occupancy.

3. The successful applicant will have fourteen (14) days in which to accept or to decline the residence4. The Director of Housing will make a reasonable effort to contact the successful applicant.5. If, after making a reasonable effort to reach the successful applicant, the Housing Committee is

unable to confirm the successful applicants acceptance of the residence within fourteen (14) daysof the first attempt of notification, the applicant will be passed over and will forego their right to beallocated a housing unit for that fiscal year. The applicant will resume his/her place on the HousingList.

6. The Housing Committee will decide if an applicant is removed from the Housing List or resumeshis/her spot on the list.

7. The next eligible applicant from the same category on the Housing List will be considered for theunit and the process for resident selection will resume once again.

14.4.2 Special Circumstances

An applicants place on the waiting list may be reevaluated in these circumstances:

1. In the event of an emergency, such as loss of a home due to fire, flooding, or other Acts of Nature;2. As a result of an extreme change in an applicants medical condition and/or health status, and/or;3. Because the current residence places the applicant in an unsafe environment.

14.5 Residency Agreement

1. Upon acceptance of the unit, the Housing Director will meet the successful applicant face-to-faceand review the details of the occupancy and the rights and responsibilities of the resident and therights and responsibilities of the Housing Department.

2. The prospective resident will read and initial and sign the residency agreement in duplicate prior tooccupancy and will abide by it. The residency agreement is a contract between the Band and theresident. All resident are required to sign a residency agreement prior to occupancy and bi-annually thereafter.


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3. The anniversary date for signing a renewal of a residency agreement will be on or before the datethat the original agreement was signed.

4. The Director of Housing will countersign a copy of the residency agreement.5. One copy of the residency agreement will be placed in the successful applicants file within the

Housing Department and the other copy will be given to the resident.

In signing the residency agreement, the resident is responsible for:

1. Paying for any damage that occurs in the unit due to accident or negligence.2. Maintaining the upkeep of a unit.3. Maintaining the unit in a clean and orderly condition and to care for the surrounding property.

The Housing Department is responsible for:

1. Major repairs.2. Fix elements of the unit that arise as a result of day-to-day wear and tear.3. Replacing major appliances.

The Housing Department will review a residency agreement with the resident every two (2) yearsregardless of the type of unit occupied.

14.6 Additionally Occupancy

A resident will sign a Declaration of Additional each time an additional occupant assumes residency of therental unit. However, the original resident is ultimately responsible for maintaining the unit to the minimustandards set out in the residency agreement.

The Housing Committee may deny the request for additional occupants.

14.6.1 Sublet

All sublet arrangements will be approved, carried out, and overseen by the Housing Department.

The permission to sublet will be granted at the will of the Housing Committee.

If a sublet is desired, the resident must make a request to sublet his/her housing unit and state the reasonand an estimated length of the sublet, not to exceed three years but the Housing Committee will decidethe maximum length of the sublet.

The resident may request to extend the period of sublet for a period of up to one (1) year, approval ofwhich is at the discretion of the Housing Committee.

A resident may only request a sublet of their units for the following reasons:

1. The resident will be out of the community to pursue an education.


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2. The resident will be out of the community for employment.3. The resident will be out of the community to obtain medical treatment.4. Other circumstances that are deemed to be reasonable by the Housing Committee.

Thereafter, the Housing Committee will conduct a selection and approval process for the subletter. The

sub-occupant must meet the resident eligibility criteria as laid out in this policy.

The resident may request a certain subletter.

The resident may not charge a subletter rent.

If a preferred subletter is denied, another suitable subletter will be found in accordance with this policy.

The Housing Department, the resident, and the subletter will sign a Sublet Agreement. Parties to theagreement will be bound by its terms. Should the subletter fail to vacate at the end of the sublet period,the Housing Department may evict the tenant in accordance with this policy.

The subletter assumes the same rights and responsibilities as the resident as outlined in this policy for theduration of the sublet.

The Sipeknekatik Band and/or the Housing Department assume no responsibility for contents during asublet.

14.7 Changing Units

A resident may not exchange a housing unit with another resident without the written approval of the

Housing Committee.Residents must make a written application to exchange a housing unit.

Applications will be considered by the Housing Committee on a case-by-case basis. Factors that may betaken into consideration are:

Condition of the housing unit currently occupied by the resident. Health and safety factors. Homelessness or risk of homelessness. Size of the family. Special needs or medical requirements.

Upon exchange, a resident will continue to have the rights and obligations of tenancy as laid out in thispolicy.

The Housing Committee shall decide when a change of units is warranted. The Housing Committee mayrequest that resident change units when:


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The physical or health circumstances of a resident changes; Residents no longer require a large house, e.g., children have left home, or; Residents require a larger house, e.g., the family is young and new children have been born.

14.8 Maintenance of Residence

The Sipeknekatik Band, through the Housing Department, is responsible for:

1. Maintaining the housing units in a reasonable state of repair so that it is suitable for occupation.2. Making repairs that result from reasonable wear and tear to the housing unit. Normal wear and tear

may include:a. Repainting the interior and exterior of the housing unit every five (5) years.b. Cleaning gutters and drains.c. Any other general normal wear and tear activities.d. Cleaning and inspecting chimneys or wood stoves.e. Cleaning ducts.f. Maintaining the water supply system.

3. Making major repairs and replacements, which may include:a. Repairing the roof.b. Repairing plumbing.c. Replacing or maintaining the hot water tank.d. Performing electrical work.e. Replacing electrical fixtures.f. Repairing appliances (as long as they have not been damaged or overloaded).g. Replacing broken windows (as long as they have not been damaged by the resident or

his/her friends, family and/or acquaintances or anyone else).

h. Repairing floors, doors, cupboards, and walls, as required.i. Any other major repairs and/or replacement activities.4. Set priorities for repairs/renovations and keep an up-to-date maintenance plan for all Band-owned

units.5. Conduct regular inspections of the housing unit (at least every two years).6. Complete an inspection form upon each inspection, which will be filed at the Housing Department.7. Keep updated assessments and reports on the condition of the housing unit.

The Housing Department will address maintenance requests according to greatest need and in accordancewith its maintenance budget.

If a member accepts a house from the Band, s/he will accept it as is for twelve (12) months as long as it ilivable, e.g., a safe and healthy environment. Request for non-essential renovations or repairs must beapplied for in writing at least twelve (12) months after receiving a house.


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The resident is responsible for:

1. Ensuring that the housing unit is clean and sanitary and that is maintained in a reasonable state ofrepair. The resident will not deface or mark the interior or exterior walls, floors, appliances,fixtures, or fixed assets in the housing unit.

2. All damage caused guests.3. All damage caused by pets.4. Maintaining the housing unit in a reasonable state through general housekeeping. General

housekeeping includes:a. Cleaning the house.b. Vacuuming.c. Cleaning the windows.d. Monitoring and wiping moisture.e. Keeping heating and air vents clean and clear.f. Cleaning appliances.g. Removing garbage.h. Cleaning the yard.i. Maintaining any gardens. j. Cutting the lawn and weeding.k. Removing snow near doors, including walkways and driveways.l. Cleaning gutters and chimneys.m. Disposing hazardous materials properly.n. Any other general housekeeping and/or maintenance activities.

5. Making minor repairs, which may include:a. Checking and replacing batteries in smoke alarms.b. Maintaining sinks and/or toilets.

c.

Replacing light bulbs.d. Any other minor repairs and/or maintenance activities.6. Making and covering the cost of repairs due to damages to the housing unit caused by actions or

neglect on the part of the resident.7. Arranging for the connection, payment, and disconnection of the utilities, including gas, hydro,

phone, cable or other utilities that may apply.

The resident is responsible for reporting any and all damages or maintenance issues and/or requests forrepair in a housing unit to the Housing Department within seven (7) days of the issue being noticed.

All instances of damage will be recorded in the residents file.

In the event of a break-in, the resident will be responsible for damages as laid out in this policy. Therefore,it is highly recommended that residents secure content insurance. The Housing Department will beresponsible for repairs as laid out in this policy.

Householder are responsible for covering the cost of replacement keys.


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To make a request for repair or to report damage, the resident must make the request in writing bycompleting a Repairs/Maintenance Request Form.

Upon receiving a Repairs/Maintenance Request form, the Housing Department will fill out a Work OrderForm. The Housing Department will provide the resident with a copy of the work order. The decision

about whether to undertake the work or not will be assessed by the Housing Department according tocritical need and budget.

If a resident fails to notify the Housing Department within the seven (7) day period following the damageor repair arising, the resident will be responsible for the cost of maintenance/repair.

14.9 Maintenance of Lots

A lot is a tract or parcel of land that has been serviced and legally surveyed and which has been approvedby Chief and Council as such.

Residents are expected to maintain the grounds surrounding their housing units in a clean, neat and tidycondition.

A resident will not undertake activities or behaviour or permit others to undertake activities or behaviourin their housing unit or on the lot on which their housing unit is situated that is noisy, noxious, offensive,and/or illegal activities, and/or activities which are a nuisance or annoyance to the Band or to neighbours.

A resident will not commit, suffer, or permit any willful or voluntary waste, spoil, or destruction in or uponthe lot.

A resident will not do or omit to do, or suffer or permit to be done or omitted to be done, anything whichmay render void or voidable, or which may conflict with the requirements of any insurance policy, includinany regulations of fire insurance, be it Band-held insurance or individually held insurance.

A resident will comply immediately with every notice in writing from the Sipeknekatik Band or any insurrequiring the performance of work or discontinuance of any use of a lot in order to avoid invalidation orcancellation of insurance. The Sipeknekatik Band reserves the right to evict a resident for non-complianc

14.10 Alterations

Generally speaking, changes to a housing unit or renovations will be limited to making changes to thecolour of the paint on the walls and apply wallpaper or wallpaper border in their housing unit at their ownexpense.

If a resident wishes to alter his/her housing unit beyond the above, s/he must make a written application todo so to the Housing Department. Completion of a building permit application may be required.

Residents may only make changes to the housing unit within the scope of a written application/buildingpermit application that is approved by the Housing Department.


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A resident is responsible for all costs associated with an approved alteration, including but not limited tomaterials, labour, plan preparation, site preparation, surveys and inspection reports.

The application must state the type and scope of the alteration.

The alteration is subject to inspection by the Housing Department.

Alterations must conform to the requirements of the National Building Code or the Nova Scotia BuildingCode Regulations, whichever is the higher standard.

All alterations belong to the Sipeknekatik Band.

The resident will not be reimbursed for the cost of the alteration unless previously agreed upon by theHousing Department.

The following alterations are generally not permitted:

1. Alterations which comprise the structure of the housing unit.2. The painting of murals or graffiti on the inside or outside of the unit.3. Converting a basement into a sleeping area.4. Converting a basement into an income unit.5. Changes in drainage or the soil that compromise the drainage of water around the exterior of the

housing unit.6. The addition of a mechanic garage or vehicle repair shop or other businesses (i.e., take-outs,

restaurants, etc.).

14.11 Renovations

Generally speaking, renovations to Band-owned housing units are the responsibility of the HousingDepartment. The Housing Department will therefore manage all renovations and additions.

The eligibility for renovations to rental units will be assessed by the Housing Department.

The Housing Department will determine the priorities for renovations among the Band-owned rental units.

The allocation of renovation funding and the prioritization of renovation requests will be made accordingto, but may not be limited to, the following criteria:

1. Emergency need.2. Historical access to renovation funds.3. Special needs.4. General upkeep.


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No privately conducted renovations shall take place unless the work has been approved by the HousingDepartment and a building permit is obtained.

All renovations must meet the minimum standards set out by the National Building Code or Nova ScotiaBuilding Code Regulations, whichever is higher.

Residents who undertake renovations without the prior approval of the Housing Department may not bereimbursed for expenses incurred. If unapproved renovations do not comply with the National BuildingCode or the Nova Scotia Building Code Regulations, whichever is the higher standard, the resident may berequired to bring the renovation up to code at his/her own expense or remove the renovation altogether.

14.12 Insurance

The Sipeknekatik Band will secure fire insurance for all Band owned units.

The Sipeknekatik Band is not responsible in any way for any personal injury or death or any loss or damaor injury to property that may be suffered or sustained by a resident or an employee, family member,agent, guest, or any other person related or unrelated to the resident who may be on the Band or in oraround a Band-owned housing unit.

The resident is responsible for securing his/her own contents insurance.

14.13 Entry into the Unit

Inspections will occur at the onset of occupancy and periodically, at least once every two (2) years.

For the duration of occupancy, the resident has exclusive use of the housing unit. The Housing Departmenmay enter the housing unit only for reasonable purposes and only if:

1. The resident gives permission for entry or entry is necessary to protect life or property.2. Entry is between the hours of 8:30am and 4:30pm, Monday to Friday unless otherwise agreed to

between the Housing Department and the resident.3. There is an emergency.4. The resident has abandoned the housing unit or appears to have abandoned the housing unit.5. The Housing Department has a court order stipulating that it may enter the housing unit.6. The unit is to be inspected.

a. Under normal circumstances, the inspection will be done with the resident present (unlesscircumstances do not allow that, such as when there is an emergency inspection).

b. Any unit that is vacant for an extended period of time shall be inspected at least two (2)times per month.

c. The Housing Department will contact the resident with at least 24 hours notice prior toentering the housing unit for an inspection, unless an emergency inspection is required.

If the resident is not available to accompany Housing Department personnel during the inspection, anotherperson will accompany the Housing Department personnel as a witness. The resident may name an


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alternate and if the resident does not, the Housing Department may appoint someone to observe theinspection.

Residents are to be notified at least 24 hours in advance of a planned inspection. In the case of anemergency entry, the Housing Department will notify the resident in writing of the emergency occurrence

and the reason for entry.

14.14 Inheritance

If a resident dies and leaves a will, the inheritor can make a request to the Housing Committee to adopt theresidency agreement and/or all the arrears associated with the housing unit.

The Housing Committee has no obligation to transfer the rental account to the inheritor but will considerthe application using the criteria for occupancy as laid out in this policy. The Housing Committee willconsider the request on a case-by-case basis.

The inheritor must contact the Housing Department immediately and make a formal request in writing toassume occupancy.

If the request is granted, the inheritor will first be required to meet the criteria as set out in the selectioncriteria in this policy. The inheritor becomes the resident and is subject to all rights and responsibilities aslaid out in this policy.

14.15 Abandonment

A Band-owned housing unit is considered to be abandoned if it is uninhabited for more than 30 days,

where the resident has not notified the Housing Department of his/her absence, and where the residentcannot be contacted despite reasonable efforts to do so.

After 30 days and a reasonable effort, the housing unit will be considered vacant. Allocation of the housinunit by the Housing Committee will follow the procedure set out herein.

Exceptions may include, but are not limited to, situations where the resident has:

1. Relocated temporarily due to employment outside of the Band.2. Relocated temporarily due to receive health care.3. Relocated temporarily while major renovations are being undertaken.

However, the resident must inform the Band that s/he is relocating temporarily and must provide atemporary phone number, mailing address, and email address.

The Sipeknekatik Band shall not be held responsible for damages to housing units, which are left vacant fextended periods of time, without notice to the Chief and Council.


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14.16 End of Occupancy

A resident may end occupancy by submitting a letter of intent to vacate to the Housing Department atleast one month prior to departure. The resident is responsible for all costs of moving out, restoring thehousing unit to its original state as per this policy, and for all damages owing or incurred. The Housing

Department will inspect the housing unit prior to the residents departure to determine if any repairs arerequired to the unit.

Where a breach of a term of this policy has occurred, the Housing Department may take such steps as aredeemed necessary to enforce the terms and requirements of this policy, including the revocation of anallocation of a housing unit, or the removal of any person from a housing unit.

A resident may lose their right to use and occupy the housing unit allocated to them if a resident:

1. Does not comply with this policy, particularly when non-compliance endangers others, and/or;2. Engages in illegal activity in the housing unit, and/or;3. Engages in excessive and chronic disruptive behaviour and/or causes serious damage that has been

documented clearly, and/or;4. Refuses to resolve disputes, and/or;5. Causes danger to other occupants, guests, neighbours, or the landlord, and/or;6. Maintains unsanitary living conditions, and/or;7. Does not control pets, and/or;8. Sublets the housing unit without the Housing Departments consent, and/or;9. Breaking a provision of the residency agreement and/or violating this housing policy, and/or;10. Resides in a housing unit that is condemned.

The Housing Committee may serve a resident or occupant with an eviction notice upon a determinationthat just cause for eviction exists. A notice of eviction shall be in writing and shall provide at minimum ofleast 30 days notice to vacate the housing unit. In some cases, the Housing Committee may determine thaan immediate eviction is needed to protect the housing unit from serious damage or destruction and/orother people from immediate risk of injury.

The notice of eviction shall contain the following information:

1. Date of the notice.2. Issuer.3. Reasons for the eviction.4. Date of effect.5. Actions the resident may undertake to avoid eviction.

Once occupancy ends, be it voluntarily or forced, the locks on the external doors of the housing unit will bchanged.


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14.17 Loss of Occupancy Rights

The Sipeknekatik Band may revoke a residency agreement in the following situations:

If the Band requires the unit for its own use or alternate use. The Band intends to undertake major repairs/renovations that require the housing unit being

vacant. The Sipeknekatik Band intends to demolish the housing unit. The Band is developing, realigning, or maintaining infrastructure that requires the removal of the

housing unit or lot.

14.18 Unlawful Occupancy

If someone, be they a member of the Sipeknekatik Band or not, occupies a housing unit owned by theBand without prior approval of the Housing Department will be evicted from the housing unit and shall beprohibited from applying for a Band-owned housing unit for three 3 years. The unlawful occupant may besubject to criminal and/or civil charges.

14.19 Eviction Process

The Housing Department will abide by the following eviction process:

1. A Notice of Corrective Action will be issued to the resident. The Notice of Corrective Action willdetail the corrective action that the resident will be required to undertake in order to avoideviction.

2. If the resident fails to take corrective action in accordance to the timeline outlined in the Notice of

Corrective Action, the Housing Department will issue a Notice of Eviction.3. Upon issuing a Notice of Eviction, the Housing Committee will schedule an Eviction Hearing toprovide the resident with an opportunity to present his/her case. The Eviction Hearing shall bescheduled within 30 days of the Notice of Eviction being issued.

4. All Eviction Hearings will be conducted in-camera with the Housing Committee and the resident.The resident and the Housing Committee are permitted to call witnesses, present documents andfactual evidence at the Hearing.

5. The Housing Committee will then arrive at a decision based on the evidence available.6. If the resident has complied with the actions required to prevent the eviction, the Eviction Notice

will be revoked7. If the Housing Committee issues an Eviction Order following an Eviction Hearing, the resident wi

be informed of the date by which s/he must vacate the unit.8. Failure to comply within the specified time may result in removal from the housing unit by the

authorities or agent of Sipeknekatik Band.9. If a resident fails to appear at an Eviction Hearing of the Housing Committee, the Committee will

consider the evidence in-hand and make a decision on these facts alone. Absence from an EvictionHearing of the Housing Committee that is outside of the resident's control will result in anotherHearing date being scheduled.


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14.20 Construction

The Housing Department will manage the construction of all Band-owned housing units and will beapproved by the Housing Committee and ratified by the Chief and Council. Construction will follow theHousing Departments construction procedures and will meet the standards of the National Building Code

or Nova Scotia Building Code Regulations, whichever is higher.

All subsidized housing units will meet the criteria established by CMHC and will the funding requirementsof any funding program under which the new construction falls.

14.21 Death

If a resident of a rent to own housing unit dies and leaves a will, the inheritor may apply to the HousingDepartment to acquire the unit. There is no obligation on the part of the Band to transfer the unit.Transfer decisions will be made by the Housing Committee. If a request to transfer the unit is denied,allocation of the unit will proceed according to this policy. If a unit is transferred, the inheritor must meetthe criteria for tenancy as set out in this policy.

If a rent-to-own resident dies without leaving a will, the spouse or closest immediate family member mayapply for a transfer of tenancy. There is no obligation on the part of the Band to transfer the unit. Transferdecisions will be made by the Housing Committee. If a request to transfer the unit is denied, allocation ofthe unit will proceed according to this policy. If a unit is transferred, the inheritor must meet the criteria fotenancy as set out in this policy.

If a resident of a rental unit dies with or without a will, the unit will be cleared of all personal possessionsand will re-enter the rental pool. Allocation of the unit will proceed in accordance with this policy.

If a resident dies and owes rent or arrears on the housing unit, the Housing Department will submit a claimfor payment of the outstanding balance owing on the loan account is to be submitted to the executor ofthe will and/or the heir/beneficiary, if a resident dies testate, or the administrator of the estate if aborrower dies intestate. If a beneficiary inherits the tenancy, the beneficiary will assume responsibility forall rent and/or arrears.

15.0 LOTS

Only the Sipeknekatik Band, through an authorized department may build on lots on Sipeknekatik land.

16.0 PRIVATELY OWNED RENTAL HOUSING

16.1 Land Ownership

All land on which privately-held rental housing units are located within the bounds of the SipeknekatikBand or on any Sipeknekatik Band-owned land, is held by the Sipeknekatik Band and is governed by theSipeknekatik Band land policies (current and/or future).


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All land regulations and approvals, as determined by the Sipeknekatik Band, are applicable to privatelyowned rental housing and must be followed.

16.2 Rental Housing Inventory

The Sipeknekatik Band will maintain a file on each privately held rental housing unit. The file will contaiinformation, such as: construction information, inspection reports, and transfers of ownership.

16.3 Construction

Individuals wishing to build a privately-owned rental unit or set a unit upon Band land must submit anapplication to do so to the Housing Committee.

Individuals wishing to build a privately-owned rental unit or set a unit upon Band land may only do so onlots approved by the Housing Committee.

The Sipeknekatik Housing Department will oversee the construction or setting of all privately ownedrental housing units.

Private rental unit owners may hire their own construction contractor or may engage the HousingDepartment to undertake the contracting process on the private rental unit owners behalf. If the HousingDepartment is hired to manage the contracting process, it will charge a management fee of 15% of theconstruction cost to do so.

All workers on a construction site must be covered by the Workers' Compensation Board of Nova Scotia.

All construction sites must be covered by construction insurance.All construction that occurs on the Band must first obtain a building permit from the Housing Department.

The new housing unit must be inspected for both progress and compliance at all phases of theconstruction process.

The new housing unit must meet the National Building Code or the Nova Scotia Building Code Regulation(whichever is higher) at specified intervals by a qualified building inspector.

Infractions that contravene the National Building Code or the Nova Scotia Building Code Regulations(whichever is higher) must be remedied and approved by the building inspector before constructioncontinues.

All private construction projects must have housing plans.

Plans for a new housing unit must be pre-approved by the Housing Department prior to thecommencement of construction.


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The installation of services, such as water and sewer, must be approved by the Operations andMaintenance Department.

All construction must meet or exceed all requirements as stipulated in Sipeknekatik Band by-laws and allapplicable federal and provincial legislation.

All renovations by a private rental unit owner that are undertaken are the responsibility of the unit owner.If a renovations exceeds the original planned cost and renovations cease, the Sipeknekatik Band HousingDepartment will not cover the costs of the renovations.

16.4 Services

The private rental unit owner will be responsible for arranging for:

Garbage pick up. Snow clearing. Water. Sewer services. Utilities.

The owner of the privately owned housing unit is responsible for the connection, payment, anddisconnection of all utilities, including but not limited to gas, hydro, phone, cable, and/or any other utilitiethat apply. The owner of the privately owned housing unit will cover the costs of connecting such utilitiesand paying usage charges.

16.5 Maintenance

Owners of privately owned rental units are responsible for maintaining their own rental housing unit andsurrounding yard in habitable shape and in accordance with the policies as laid out herein and inaccordance with the Nova ScotiaResidential Tenancies Act and associated policies and regulations, orwhichever is the higher standard. For example, owners of privately owned rental units are responsible for:

1. Maintaining the rental housing units in a reasonable state of repair so that it is suitable foroccupation.

2. Making repairs that result from reasonable wear and tear to the rental housing unit. Normal wearand tear may include:

a. Repainting the interior and exterior of the housing unit.b. Cleaning gutters and drains.c. Any other general normal wear and tear activities.d. Cleaning and inspecting chimneys or wood stoves.e. Cleaning ducts.f. Maintaining the water supply system.

3. Making major repairs and replacements, which may include:a. Repairing the roof.b. Repairing plumbing.


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c. Replacing or maintaining the hot water tank.d. Performing electrical work.e. Replacing electrical fixtures.f. Repairing appliances (as long as they have not been damaged or overloaded).g. Replacing broken windows (as long as they have not been damaged by the resident or

his/her friends, family and/or acquaintances or anyone else).h. Repairing floors, doors, cupboards, and walls, as required.i. Any other major repairs and/or replacement activities.

4. Conducting regular inspectio

sipekne'katik housing policy - draft - for march 18, 2014 community meeting

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