Housing Loan Security Arrangements on Reserve, a Case Law Review

The research on providing loans for on-reserve housing development was conducted by the La Société d’Épargne des Autochtones du Canada. They worked in collaboration with the law firm Borden Ladner Gervais LLP. Their study aimed to examine case law and any concerns related to security arrangements for on-reserve properties, specifically those involving the transfer of Certificates of Possession. This partnership aimed to gain a better understanding of the legal aspects involved in this context.

The analysis offers insights into the legal framework for lending agreements on-reserve in Canada.

The case law review focuses on 3 main areas:

1. the role of a Certificate of Possession holders
2. the role of the Minister
3. circumventing section 89 of the Indian Act

The research highlights several potential implications for housing development on-reserve when considering loan provisions.

Author:

CMHC

Document Type:

PDF

Date Published:

September 29, 2023