Housing Policy
Revised in August 2005
The mission of the Odanak Band
Council consists of ensuring the representation of
the members of the Abenaki Community of Odanak and
favouring the preservation of their identity, culture
and quality of life.
To do this, the Council seeks to provide top-quality services to youths, elders and the whole Commu
*In order to lighten the current
document, any use of the masculine form automatically
includes the feminine.
nity, to the extent allowed by
1. Objectives Pursued by the Band Council ▲
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Allow members registered on the band list to have access to the ownership of a house, while favouring Odanak residents.
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Equitably allocate funding for single-family houses among the applicants.
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Favour, during the allocation of financial aid, families including several members.
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Ensure that the financial aid will be allocated to persons able to assume the costs of a house.
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Favour the construction of houses on the Reserve territory while respecting national building standards.
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Ensure that the construction projects are executed according to the initially established plans.
2. Eligibility ▲
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Adults registered on the band list, living on or off Reserve;
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Application made for a new residence (the applicant will be its first owner);
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The applicant is participating in the program for the first time.
It is not permitted to obtain t this financial aid more than once in a lifetime, except in the case of a legal separation or a divorce of the member having already benefited from funding. In fact, the Band Council can consider a second and final application for financial aid in these circumstances, only if the family house, for which the funding was received, was transmitted to the other spouse, according to the official INAC register. To analyze a second funding application for the construction of a house on the Reserve, the Band Council requires the official documents relating to the legal separation or divorce.
3. Selection of applications ▲
According to the budget availability, the number of houses to build is determined each year by the Band Council. The financial aid applications for the construction of a single-family house must be carried out between January 1st and March 31 of each year, with Form HAB-1 provided for this purpose and available at the Council. An acknowledgement of reception of the application is sent to the applicant (HAB-2) by the Band Council.
The Band Council studies the applications addressed to it after having received official confirmation of the funds allocated by INAC. During the analysis of a financial aid application, the Band Council considers four (4) criteria:
First criterion: time of residence on the Reserve
The Band Council considers it essential to favour the financial aid application of a current resident of the Reserve, since this person is already part of the Community of Odanak. A proof of residence may be required by the Band Council.
Second criterion: number of persons housed
The number of persons making up the immediate family of the applicant, meaning the applicant himself, the spouse and the dependent children, is thereby considered in the assessment of the application. Considering that we are dealing here with family housing, the Band Council accepts, in this circumstance, that the non-Aboriginal spouse be considered in the assessment of the application. The spouse designates the person wedded in a legally contracted marriage in Quebec or elsewhere, and recognized as valid according to the laws of the Quebec. It also designates the common law spouse, meaning the person residing in permanence with a person of the opposite sex, for more than three (3) years, or for one (1) year when a child has come from this union. The spouse cannot be considered as member of the applicant’s immediate family when there has been a de facto separation for more than three (3) months, divorce or annulment of the marriage. The student under the charge of the applicant temporarily living elsewhere for school whose permanent family residence is the same as that of the applicant is considered in the assessment of the application. A proof may be required by the Band Council when there is a declaration of a common law spouse or dependent child.
Third criterion: Employment occupied by the applicant
The Band Council must consider, in the interest of the applicant as well as in the interest of the Community, the financial burden charge represented by the possession and maintenance of a house. As a result, the applicant‘s capacities to meet his financial obligations is evaluated at the time of the application.
Fourth criterion: Housing conditions of the applicant
During the analysis of the
application by the Band Council, housing considered
inadequate for the needs of the applicant and his
family is considered in favour of the applicant.
The non selected financial aid applications are not
conserved for the following year. Therefore, it is
necessary to make a new
application between January 1st and March 31 of the
following year, when the construction project
is proven to still be relevant.
4. Financing of the house ▲
4.1 Land
When the applicant does not already possess land equipped with water, sewer and electricity services, the Band Council attributes a lot, by resolution, for an amount determined by the Council.
4.2 Particulars
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The financial aid coming from the Band Council is attributed for the construction of a single-family house and not for the renovation of an existing house or the acquisition of a mobile home.
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Currently, the total amount of financial aid attributed by the Band Council is $19,400. The $19,400 funding constitutes all the amounts that the Band Council places at the member’s disposal; in no case will the Band Council assume the payment of any invoice whatsoever.
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When there is a ministerial guarantee, the funding is granted according to an agreement with the owner or the contractor. An amount of $1,400 is withheld until the land is properly arranged and free of any construction debris.
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When there is no ministerial guarantee, the funding is distributed in four payments, as follows:
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An initial payment of $7,000, after the first inspection of the Canadian Housing and Mortgage Corporation (CMHC) and the employee responsible for public works;
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a second payment of $7,000 after the second inspection;
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a third payment of $4,000 after the third inspection;
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a fourth and final payment to the amount of $1,400 is carried out when the Band Council finds the land to be properly arranged and particularly free of any construction debris.
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When there is no ministerial guarantee, the funding is distributed in four payments, as follows:
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An initial payment of $7,000, after the first inspection of the Canadian Housing and Mortgage Corporation (CMHC) and the employee responsible for public works;
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a second payment of $7,000 after the second inspection;
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a third payment of $4,000 after the third inspection;
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a fourth and final payment to the amount of $1,400 is carried out when the Band Council finds the land to be properly arranged and particularly free of any construction debris.
4.1 Loan
Upon recommendation of the Band Council, a
ministerial guarantee can be attributed by INAC. The
ministerial guarantee represents a form of
endorsement of the mortgage by INAC. If necessary,
the funding of construction costs can be completed by
a loan from a financial institution chosen by the
applicant. When the loan is authorized in
writing, the applicant makes a request of
recommendation to the Band Council.
The mortgage loan must be ensured each year.
Should the borrower not respect the reimbursement
conditions of his mortgage loan, INAC will reimburse
the financial institution; this amount is then taken
from the funds allocated to the Band Council. The
Band Council having paid the default of payment fees
must then reimburse itself, by seizing the house and
putting it on sale.
When there is a ministerial guarantee, the applicant must deliver the ownership of his land to the Band Council – if he already has a certificate of possession - and of his residence, during the period of reimbursement for his loan. He then becomes the lessee his residence, in virtue of a contract of purchase and rental. According to this contract, the Band Council agrees, at the end of the lease, to grant the certificate of possession for ”the complete and absolute ownership of all leased goods for the value of the loan” if the borrower has respected all the reimbursement conditions of the loan. The borrower must also of respecter all the other conditions set out in the present policy and insure the house at all times.
5. Occupation of the subsidized house ▲
During the ten (10) years following the third inspection of the construction works, the Band Council wants the house to be occupied by members registered on the band list. The Band Council favours the house being occupied by the owner who obtained funding, but if the latter moves during this period of ten years, he must sell or rent his house to an Aboriginal person registered on the band list.
In the event of a sale, the subsidized house must be sold to an Abenaki band member of Odanak. Considering the limited extent of the Reserve territory and the number of members registered on the band list, this restriction applies without a time limit.
In the event that he decides to rent his newly
purchased residence, the purchaser must respect the
obligation that the property be inhabited by a member
registered on the band list, during the time
remaining to complete the period of ten (10) years
following the third inspection of the construction In
exceptional circumstances, the Band Council can
exempt the owner of having to sell or rent his house
to an Abenaki.
A breach of the abovementioned rules, during the ten
years following the end of the construction of a
house, results in the reimbursement of part of the
funding amount of $19,400 granted by the Band Council
during the construction of the house. The
reimbursement amount is established on the basis of
the number of years of occupation of the house by a
member registered on the band list, starting from the
date of the third inspection of the works. For
example, in the case where the property was only
inhabited during three years by a band member, the
owner is considered by the Band Council as a person
not having respected the aforementioned conditions.
The owner must then reimburse part of the received
funding to the Band Council. The penalty is of 10% of
the total funding per year of breach, or $1,940. In
the previous example, the owner must reimburse the
yearly amount of $1,940 seven times, for a total of
$13,580.
In no event may the financed house be moved outside
of the territory of the Reserve.
6. Certificate of land possession ▲
Ten (10) years after the end of the construction works and following of a Band Council resolution, a certificate of land possession is issued to the owner, when he has respected the conditions relative to the occupation of the house and the conditions linked to the loan with ministerial guarantee, if applicable.
7. Steps to be taken after the acceptance of an application ▲
a) Before the signing of the agreement, the applicant must accept to pay his part of $5,000 plus an amount of $1,000 in order to guarantee that his house will be completed within six (6) months; if not he loses the deposit of $1,000.
b) The applicant must accept the funding offer for his house within the ten (10) working days following the Band Council proposal. This acceptance will be done by signing Form HAB-4.
c) If no reply is received by the Band Council in the time period or if the applicant indicates that he no longer has the intention of accomplishing his project, the Band Council will send him a letter informing him of the closing of his file (HAB-5). The Band Council then allocates the available funding to another applicant who was not selected during the analysis of applications.
d) If the applicant confirms, within the ten (10) working days, his intention to build his house, the applicant completes Form HAB-6 including the information following:
- One (1) copy of the house building plan; the building plan must include a foundation allowing for the construction of a basement that is eight (8) feet high and a cement floor;
- A construction cost assessment and a work schedule;
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the documents relative to the project’s global
funding assessment.
The applicant must send the aforementioned documents
to the Band Council within twenty-five (25) working
days.
e) If a ministerial guarantee is requested, the financial institution analyzes the loan request and informs the Band Council of its decision. If the financial institution accepts the loan request, Form HAB-7 must then be completed. The Band Council analyzes the request and can authorize, by resolution, the activation of the INAC ministerial guarantee process.
f) When there is a request of ministerial guarantee, the acceptance of the funding by the financial institution and by INAC is necessary in order for the Band Council authorized the construction project.
g) The applicant signs Form HAB-8, which is an agreement outlining the funding conditions and the applicant’s obligations.
8. Execution of the construction project ▲
a) The financial aid beneficiary must, within the twenty-five (25) working days following the signature of the agreement with the Band Council:
- Build the foundation of his future house on the land which he already owns or that was attributed by the Band Council;
- See to the installation and connection of water and sewer services to his future house;
- Present the supporting documents allowing the Band Council to ensure that the fees incurred for the construction of the foundation and the connection of the water and sewer were paid for by the owner.
b) The owner and the contractor must respect national building standards throughout the construction. The periodic inspection of the works is carried out by a CMHC representative and by the employee responsible for public works. The owner or the contractor must notify the Band Council when an inspection is necessary, in the following four (4) construction steps:
Step 1: The first inspection must be carried out after the construction of the foundation and the connection of the water and sewer systems. If there is no ministerial guarantee, the first funding payment of $7,000, is then granted.
Step 2: The second inspection must be carried out after the installation of the plumbing and electricity and before the closing of interior walls. If there is no ministerial guarantee, the second funding payment of $7,000, is then attributed.
Step 3: The third inspection must be carried out when the house is entirely completed, this involves both the interior and exterior finishing, six (6) months after the signing of the agreement. If there is no ministerial guarantee, the third funding payment of $4,000, is then attributed.
Step 4: During the fourth and last step, the Band Council wants the owner to appropriately arrange the land, and particularly remove the construction debris found there. The fourth and last payment of $1,400 is then attributed. This last clause applies in all cases.
It is important to remember that the owner is the only person responsible for the paying of invoices related to the construction of his house. As a result, the Band Council refuses to pay any invoice coming from a supplier of goods or services sent during or after the construction works, seeing as Band Council pays its financial aid to the owner.
9. Appeal Board ▲
The Band Council respects the Complaints Policy in the event that a decision rendered within the present policy, proves to be unsatisfactory for the applicant.
10. Social Housing (Section 95) ▲
Any request for participation in a housing program must be formulated to the Band Council. The applicant must provide the Band Council with all the information required for the analysis of his application, namely:
- the status and composition of the household;
- the occupation of the household’s members;
- the household income;
- rental reference
The Band Council transmits to the applicant an acknowledgement of reception for the received application.
10.1 Eligibility Conditions
To be eligible for a housing program, the applicant must meet the following conditions:
- be a registered member of the Odanak band;
- be at least eighteen (18) years old on the date of the application;
- have the financial capacity to pay the rent;
- have no debts or arrears payable to the Odanak Band Council, and if such is the case, have signed an agreement with the Odanak Band Council for the payment of the due amounts.
A person who was evicted from Odanak Band Council housing cannot be eligible for the selection of housing for at least five (5) years.
10.2 Choice of beneficiaries
The Odanak Band Council chooses the beneficiaries of housing programs by considering the following parameters:
a) the family situation;
b) the current housing conditions;
c) the applicants’ capacity to assume the financial obligations related to the housing program.
10.3 Selection priority for households
The selection of households eligible for a housing program is carried out by the Odanak Band Council, according to the following order of priorities:
1. Couple with one or two children.
2. Single parent family with one or two children.
3. Couple or single person taking care of one or two dependent adults (elderly, disabled).
4. Couple without dependents.
5. Single person.
10.4 Analysis of the application
The Band Council analyzes the application according to the established household selection criteria. It formulates its decision in writing regarding the acceptance or refusal of the application.
10.5 Intent
These premises are occupied for housing purposes solely by the occupant authorized by the presented convention and cannot be sublet or shared in any form.
10.6 Social Housing
a) The monthly rent is two hundred twenty ($220) for a two (2) bedroom housing unit which includes fire insurance for the building and not for the content. (The rent can vary from one year to the next). The housing agreement is for a twelve (12) month period with the possibility of renewal.
b) On the first week of each month, the occupant is bound to pay his rent to the Odanak Band Council. In the event of late payment, the Odanak Band Council will give him written notice and, if the occupant is late three (3) times, his housing agreement will not be renewed. If the occupant is three (3) months late, he will be evicted without conformity.
c) The Odanak Band Council can claim from the occupant any damages and repair costs caused by the occupant or his dependents. Except for normal wear, the occupant agrees to restore the occupied premises in the same condition as when he first occupied them.
d) The Odanak Band Council or any authorized person can visit or examine the housing for observe its condition, with twenty-four (24) hours notice.
e) The Odanak Band Council or any authorized person, at three (3) months from the end of the housing agreement, can visit and examiner the housing to observe the condition and either recommend or not recommend the extension of the housing agreement.
f) To terminate his housing agreement, the occupant must notify the Odanak Band Council in writing at least three (3) months before the end of the housing agreement.
g) The occupant leaving the premises must leave them free of all furniture. Following the written notice, the Odanak Band Council can dispose of all furniture if, within fifteen (15) working days, the furniture still occupies the premises.
h) It is strictly forbidden to possess animals in the housing units or grounds.
i) Any modification to the housing, be it internal or external, must be presented in writing and approved in writing by the Odanak Band Council.
10.7 Obligations of the Council
- The Odanak Band Council is responsible for major repairs that are not caused, through the fault or negligence of the occupant, his dependants or guests.
- The Odanak Band Council agrees to respect any agreement made with the occupant, that it has approved in writing, and for which the occupant accepts the rights and responsibilities.
10.8 Fees paid by the occupant
The occupant must pay the normal rental accounts, such as Bell Canada, Hydro-Quebec accounts or other accounts applicable to the rent as well as the users’ contribution for the year underway concerning water, sewage and garbage disposal.
Appendix 1 Forms and Letters ▲
Housing Policy
- Funding Application -
HAB-1
1. Identification of the applicant
Surname: ________________________ Given name: ___________________________
Band no:
Address:
Birth date: ___________________ Civil status: _____________________________
Telephone:
______________________________
___________________________
Home
Work
2. I have permanently resided in Odanak since: ______________________
3. My immediate family is made up of ___________ persons.
| _____________________________________________ | __________________________________________ | |
| Surname | Family relation | Given name |
| _____________________________________________ | __________________________________________ | |
| _____________________________________________ | __________________________________________ |
| _____________________________________________ | __________________________________________ |
| _____________________________________________ | __________________________________________ |
| _____________________________________________ | __________________________________________ |
| _____________________________________________ | __________________________________________ |
4. I have been employed since: ________________________________
Name of employer: ___________________________________________
Address: ___________________________________________________
Duties: _____________________________________________________
5. Brief description of my current housing:
| __________________________________________ | _____________________________________________ |
| Signature of the applicant | Date |
Page 2 of 2
Odanak Reserve HAB-1
Odanak,
(Name and address of the applicant)
SUBJECT: Housing policy
- Funding Application -
(Sir or Madam),
We acknowledge reception of your funding application
for the construction of a single-family residence.
Your application will be analyzed in compliance with
the effective Housing Policy, following the official
confirmation of funds allocated this year by the
Department of Indian and Northern Affairs Canada
(INAC).
Sincerely yours,
________________________________
(Signature of the responsible Councillor)
Odanak Reserve HAB-2
Odanak,
(Name and address of the applicant)
SUBJECT:
Housing policy
- Funding Application -
(Sir or Madam),
We acknowledge reception of your funding application
for the construction of a single-family residence.
Your application will be analyzed in compliance with
the effective Housing Policy, following the official
confirmation of funds allocated this year by the
Department of Indian and Northern Affairs Canada
(INAC).
Sincerely yours,
________________________________
(Signature of the responsible Councillor)
Odanak Reserve HAB-3
Odanak,
(Name and address of the applicant)
SUBJECT:
Housing policy
- Acceptance of Funding Application -
(Sir or Madam),
On behalf of the Odanak Band Council members, I am
pleased to announce to you that your funding
application for the construction of a single-family
residence was approved by the Council.
If you accept the funding coming from the Council,
you must sign and return the present letter in the
10 working days following the abovementioned date.
Sincerely yours,
________________________________
(Signature of the responsible Councillor)
I accept the funding from the Council.
| _________________________________________ | _________________________________________ |
| Signature of the Applicant | Date |
Odanak Reserve HAB-4