CHAPTER IV: WELFARE ARTICLE 21: HOUSING As regards housing, the Contracting States, in so far as the matter is regulated by laws or regulations or is subject to the control of public authorities, shall accord to stateless persons lawfully staying in their territory treatment as favourable as possible and, in any event, not less favourable than that accorded to aliens generally in the same circumstances. I. Background & Commentary Article 21 of the 1954 Convention is identical to Article 21 of the 1951 Refugee Convention. It relates to rent control and the assignment of apartments and premises. Since the system of allocation often falls within the responsibilities of local authorities (municipalities, regional selfgovernments), they are equally bound by this provision.259 II. Canadian Legal Framework a. Social Housing The provinces are responsible for regulating social housing policy within in its jurisdiction. Depending on the province, social housing is also known as subsidized housing, rent-geared-toincome housing or community housing. In order to be eligible for social housing, not only must a person meet established income criteria, but they must also meet eligibility criteria with respect to a person’s residency and status in Canada. The provinces of Alberta, British Columbia, Ontario and Quebec all have similar eligibility criteria in this respect. In Alberta, to be eligible for social housing the “household” must be “comprised of Canadian citizens, individuals lawfully admitted into Canada for permanent residence, refugees sponsored by the Government of Canada, or individuals who have applied for refugee or immigration status and for whom private sponsorship has broken down.”260 In British Columbia, eligible applicants must permanently reside in British Columbia when applying, and each member of the household must be a Canadian citizen, an individual lawfully admitted into Canada for permanent residence, a refugee sponsored by the Government of Canada, an individual who has applied for refugee status or an immigrant whose private sponsorship has broken down.261 In Ontario, each member of the household must be a Canadian citizen, have made an application for status as a permanent resident, or have made a claim for refugee protection. Furthermore, in Ontario the household is ineligible if any member of the household is the subject of an enforceable removal Robinson Commentary to the 1954 Convention, supra note 11 at 41. Social Housing Accommodation Regulation, Alta Reg 244/1994, at s. 9-10, 13 & 15, available at: http://canlii.ca/t/5298d [Social Housing Accommodation Regulation] 261 BC Housing, “Residency Requirements” (2015), available at: http://www.bchousing.org/Options/Subsidized_Housing/Apply/Eligibility/Residency [BC Housing Residency Requirements]. 259 260 55 55