Archive for the ‘British Columbia’ Category

Moishe Alexander – Affordable Seniors’ Housing Underway in Lumby

Affordable Housing, British Columbia, disabilities | Posted by admin
Jun 15 2010

Canadian Funding Corp and Moishe Alexander have been studying the CMHC initiative to create affordable housing in Lumby. The process is intriguing.

The Governments of Canada and British Columbia, along with community partners, gathered today to celebrate the construction of Monashee Place, a 16-unit modular housing development for low-income seniors and persons with disabilities.

“The Government of Canada is helping Canadian seniors during these tough economic times by providing more than $1.1 million for this project through Canada’s Economic Action Plan,” said Colin Mayes, Member of Parliament for Okanagan – Shuswap, on behalf of the Honourable Diane Finley, Minister of Human Resources and Skills Development and Minister Responsible for Canada Mortgage and Housing Corporation (CMHC). “Here in Lumby, this achievement gives hope to seniors who need quality affordable housing that meets their needs, while creating local jobs.”

“The Province is providing approximately $1 million towards the development of 16 homes for low-income seniors and people with disabilities in Lumby,” said Eric Foster, MLA for Vernon-Monashee. “Constructed in British Columbia, these energy-efficient modular homes are an important part of the Province’s ongoing commitment to providing more affordable housing solutions for British Columbians in need.”

Through an amendment to the Canada – British Columbia Affordable Housing Agreement, the federal and provincial governments are contributing a combined total of approximately $2.1 million for 16 Seniors’ Rental Housing (SRH) units. The Village of Lumby will be providing the development cost charges for these homes. The Lumby & District Senior Citizens Housing Society (LDSCHS) and the Village of Lumby jointly provided the land, valued at approximately $300,000.

“Lumby has a growing number of seniors and these new homes will offer our seniors more access to much-needed affordable housing options so that they can continue to live in the community they helped build,” said Mayor Kevin Acton, Village of Lumby.

The LDSCHS will manage and operate the 16 SRH apartments. The society currently operates Saddle Mountain, a 40-unit, low-income independent living seniors housing complex located immediately adjacent to the Monashee Place site.

“Our society values this initiative to enhance the quality of life for Lumby seniors through the construction of affordable rental homes,” said Judy Gibbs, chairperson of Lumby & District Senior Citizens Housing Society. “We would like to recognize our government partners for their collaboration in making this project a reality.”

The Seniors’ Rental Housing (SRH) initiative is a result of a $365-million joint investment under an amendment to the Canada – British Columbia Affordable Housing Agreement which includes funding through Canada’s Economic Action Plan and by the Government of British Columbia. The SRH initiative will provide $123.5 million, including $104 million for seniors and $19.5 million for persons with disabilities, to develop up to 1,000 new affordable rental housing units, which will help to stimulate local economies in smaller communities across B.C. Under terms of the agreement, the provincial and federal governments will provide matching contributions of $61.79 million.

Canada’s Economic Action Plan builds on the Government of Canada’s commitment in 2008 of more than $1.9 billion, over the next five years, to improve and build new affordable housing and help the homeless. It provides $400 million, over two years, to build new rental housing for housing for low-income seniors and $75 million for housing for persons with disabilities. Overall, the Economic Action Plan includes $2 billion for new and existing social housing, plus up to $2 billion in loans to municipalities for housing-related infrastructure.

The Province of British Columbia’s $14-billion capital infrastructure program is creating up to 88,000 jobs, helping to build vital public infrastructure in every region of the province and stimulating local economies across B.C.

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Official Launch of Demonstration Phase for Green Dream Home — EQuilibrium™ Housing Project in Kamloops, British Columbia

Affordable Housing, British Columbia, Community Service | Posted by admin
Jun 15 2010

The Government of Canada announced the official launch of the demonstration phase for the Green Dream Home, an energy-efficient and environmentally-friendly home in Kamloops, British Columbia.

The Green Dream Home is the first of two Canada Mortgage and Housing Corporation (CMHC) EQuilibrium™ Housing Initiative demonstration homes to be completed and opened for public tours in British Columbia, and the eighth to open across Canada.

cmhc - kamloops - alexanderThe home was built by Canadian Home Builders’ Association Central Interior (CHBA CI) and Thompson Rivers University (TRU) as part of CMHC’s EQuilibrium™ Sustainable Housing Demonstration Initiative, which encourages builders and developers to build the next generation of sustainable housing in Canada.

Cathy McLeod, Member of Parliament for Kamloops – Thompson – Cariboo, attending on behalf of the Honourable Diane Finley, Minister of Human Resources and Skills Development and Minister Responsible for CMHC, was joined by Darryl Caunt, President, CHBA CI, and Hank Bangma, Residential Construction Instructor, School of Trades & Technology ,TRU, along with sponsors and supporters to celebrate the launch.

“The Government of Canada is proud to work with the Canadian Home Builders’ Association Central Interior and Thompson Rivers University on their collaborative effort to design and build the Green Dream Home,” said Cathy McLeod, Member of Parliament for Kamloops – Thompson – Cariboo. “This forward-looking project demonstrates how we can build homes that conserve energy and resources, and reduce pollutant emissions.”

EQuilibrium™ demonstration homes are designed to be healthy to live in, highly energy and resource efficient, produce as much energy as they consume on an annual basis, and have very low environmental impact. To achieve this, the Green Dream Home combines state-of-the-art energy-efficient design and construction techniques with renewable energy production.

“We have been partnering with Thompson Rivers University for 19 years, building a training home to give students hands-on real-life experience,” said Darryl Caunt, President, CHBA CI.

“The EQuilibrium™ Initiative was an opportunity to take the training house build to the next level, and it has been a great adventure.”

“This is our ’platinum project’ in the construction area and each year students plead to be in the class of trainees chosen to be a part of this build,” said Lindsay Langill, Dean of the School of Trades and Technology, TRU. “Parents often tell me that having their son or daughter be a part of such a project has given them direction and positively changed their lives.”

The Green Dream Home Project team is one of many builder/developer teams across Canada to have turned design concepts into real homes as part of CMHC’s national EQuilibrium™ Sustainable Housing Demonstration Initiative. All CMHC EQuilibrium™ Housing projects are open for public and professional audiences for demonstration, and then monitored for performance for one year, once occupied.

CMHC’s EQuilibrium™ Sustainable Housing Demonstration Initiative offers a new approach to housing in Canada. It strives to balance our housing needs with those of the environment. It brings together — under one roof — the principles of occupant health and comfort, energy efficiency, renewable energy production, resource and water conservation, reduced environmental impact and affordability.

CMHC has worked closely with many stakeholders to develop and establish EQuilibrium™ Housing. In particular, CMHC has collaborated closely with Natural Resources Canada, which has contributed substantial research and development expertise and resources to advancing the initiative.

As Canada’s national housing agency, CMHC draws on more than 60 years of experience to help Canadians access a variety of quality, environmentally sustainable, and affordable homes — homes that will continue to create vibrant, healthy communities and cities across the country.

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LEASED HEATING EQUIPMENT: CHATTEL OR FIXTURE?

Affordable Housing, British Columbia, Canada, Community Service, Financing, New Brunswick, Ontario, Quebec, Saskatchewan, disabilities | Posted by admin
Jul 17 2009

The Ontario Court of Appeal recently quoted with approval a decision of the House of Lords (Melluish). In this case, a company leased plant and machinery (including central heating equipment) to a housing authority for installation in its subsidized townhouses which were then leased to tenants.
The Court of Appeal considered this case when making its decision in the City of Mississauga v. GTAA.
The equipment leases between the company and the owner/landlord provided that the leased equipment would remain personal or moveable property that the company would continue to own it, notwithstanding that the equipment might have become affixed to any land or building. Apparently, the purpose of this specific statement was to ensure that the company could depreciate the equipment for tax purposes and could repossess the equipment, if required.
The House of Lords confirmed that the equipment had indeed become a fixture, and that the taxpayer company could not claim depreciation, because the equipment had become attached to the land and was therefore, in law, owned by the housing authority, notwithstanding any agreement between the parties to the contrary.
Lord Browne-Wilkinson held as follows:
• The equipment in these cases was attached to the land in such a manner that, to all outward appearance, it formed part of the land and was intended to do so.
• Such fixtures are, in law, owned by the owner of the land. It was suggested in argument that this result did not follow if it could be demonstrated that, as between the owner of the land and the person fixing the chattel to it, there was a common intention that the chattel should not belong to the owner of the land.
It was said that clause 3.10 of the master lease disclosed such an intention in the present cases…
• ….. the intention of the parties as to the ownership of the chattels fixed to the land is only material so far as such intention can be presumed from the degree and object of annexation.
• The terms expressly or implicitly agreed between the fixer of the chattel and the owner of the land cannot affect the determination of the question whether, in law, the chattel has become a fixture and therefore in law belongs to the owner of the soil….
• The terms of such agreement will regulate the contractual rights to sever the chattel from the land as between the parties to the contract and, where an equitable right is conferred by the contract, as against certain third parties.
• But such agreement cannot prevent the chattel, once fixed, becoming in law part of the land and as such owned by the owner of the land so long as it remains fixed.
The Courts in Canada have followed these same common law principles. If a chattel becomes a fixture by reason of its affixation or annexation to the lands, then it is to be treated by all third parties as a fixture. The third parties have no notice of the private deal between the landlord and tenant, and they don’t have to follow it.
As far as taxation, by-laws, bankruptcy and priorities, the law of real property will prevail. The lease is interesting but not relevant.
Brian Madigan LL.B., Realtor is an author and commentator on real estate matters, Coldwell Banker Innovators Realty

http://businessexchangeblog.blogspot.com/2009/07/leased-heating-equipment-chattel-or.html

reviewed by Alexander Moishe, CEO of  canadian funding corp

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