New Rules for Encampments on Federal Land

Summary#

This bill amends the National Housing Strategy Act to add rules about homeless encampments on federal land and to strengthen Indigenous involvement in housing decisions. It requires the federal housing strategy to include measures to prevent encampment removals on federal land, identify alternatives after engaging residents, and ensure Indigenous rights are respected. It also adds Indigenous participation across councils and panels, and requires better data and success metrics in the triennial report.

• Defines “federal land” and “homeless encampment” for the Act (Bill, s. 2).
• Requires measures to prevent removal of encampments on federal land and to identify alternatives after meaningful engagement with residents (Bill, s. 5(2)(e)).
• Requires processes to actively involve and support Indigenous peoples in housing programs, and to ensure encampment responses respect their rights (Bill, s. 5(2)(f), s. 4).
• Mandates consultation with provinces and collaboration with Indigenous organizations when setting these measures (Bill, s. 5(3)).
• Adds Indigenous peoples to the National Housing Council’s focus, to monitoring by the Federal Housing Advocate, and to review panel considerations (Bill, s. 8(3)(a.1), s. 13(a), s. 16.2(2)(a.1)).
• Requires the triennial report to include success metrics developed with Indigenous organizations and longitudinal, disaggregated data (Bill, s. 18(1.1)).

What it means for you#

• Households experiencing homelessness

  • If you live in a homeless encampment on federal land (land owned or controlled by the federal government), federal strategy must include measures aimed at preventing removal and finding alternatives after meaningful engagement with you (Bill, s. 5(2)(e), s. 2).
  • “Homeless encampment” means an outdoor settlement of one or more temporary structures, like tents or vehicles, used as a residence by people experiencing homelessness (Bill, s. 2).
  • Any response to encampments must respect Indigenous rights where they apply (Bill, s. 5(2)(f)).

• Indigenous peoples, communities, and organizations

  • The strategy must ensure active involvement and support for Indigenous peoples in determining and developing culturally appropriate housing programs (Bill, s. 4, s. 5(2)(f)).
  • The Minister must consult and collaborate with a variety of Indigenous organizations when setting encampment measures and Indigenous processes (Bill, s. 5(3)).
  • Indigenous peoples are explicitly included in the National Housing Council’s considerations, the Federal Housing Advocate’s monitoring, and review panel processes (Bill, s. 8(3)(a.1), s. 13(a), s. 16.2(2)(a.1)).
  • Success metrics in the triennial report must be developed in collaboration with organizations representing Indigenous peoples (Bill, s. 18(1.1)(a)).

• Local governments and provinces

  • The federal Minister must consult provincial housing counterparts when setting encampment measures and Indigenous processes (Bill, s. 5(3)).
  • The bill does not mandate municipal consultation, but local actions on or near federal lands may need coordination with new federal measures. Data on timing and process details are not specified in the bill. Data unavailable.

• Federal departments and agencies (e.g., agencies managing parks, ports, bridges, properties)

  • Must align policies with new strategy measures to prevent encampment removals on federal land and identify alternatives after engagement (Bill, s. 5(2)(e)).
  • Must ensure responses to encampments respect Indigenous rights and follow processes that actively involve Indigenous peoples (Bill, s. 5(2)(f)).
  • Will need to support expanded data collection and reporting to meet new triennial report requirements for disaggregated, longitudinal data (Bill, s. 18(1.1)(b)).

• Service providers, advocates, and researchers

  • The strategy must include participatory processes with civil society, stakeholders, vulnerable groups, Indigenous peoples, and people with lived experience of homelessness and housing need (Bill, s. 5(2)(d)).
  • The triennial report must include success metrics and more detailed, disaggregated data over time, which may improve transparency and evaluation (Bill, s. 18(1.1)).

• Timing

  • The bill does not set specific implementation dates. Obligations would take effect on Royal Assent, with operational details to be set by the Minister and through the strategy update. Data unavailable.

Expenses#

• Estimated net cost: Data unavailable.

• No fiscal note or official costing identified. Data unavailable.

• The bill creates no direct appropriations or new spending authorities in the text (Bill, passim).

• It imposes new duties on the Minister to consult, collaborate, and report, and may require departmental implementation work; costs are not quantified in the bill. Data unavailable.

Proponents' View#

• Reduces forced removals of encampments on federal land by requiring measures to prevent removal and to identify alternatives after meaningful engagement with residents (Bill, s. 5(2)(e)).
• Aligns housing programs with the United Nations Declaration on the Rights of Indigenous Peoples by requiring active involvement of Indigenous peoples and respect for their rights in encampment responses (Bill, s. 4; s. 5(2)(f), s. 5(3)).
• Improves cultural relevance and accountability by explicitly including Indigenous peoples in council considerations, advocate monitoring, and review panels (Bill, s. 8(3)(a.1), s. 13(a), s. 16.2(2)(a.1)).
• Increases transparency and outcome tracking through success metrics developed with Indigenous organizations and longitudinal, disaggregated data in the triennial report (Bill, s. 18(1.1)).
• Enhances coordination across governments by requiring consultation with provinces on encampment measures and Indigenous processes (Bill, s. 5(3)).

Opponents' View#

• The phrase “establish measures to prevent the removal” is broad and undefined; critics say it could limit necessary removals for safety or site management on federal land and lead to legal disputes over exceptions (Bill, s. 5(2)(e)).
• Applies only to federal land; opponents argue it may shift encampment pressures to non-federal areas and does not address housing supply or supports directly, as no new funding is provided in the bill (Bill, passim).
• May create coordination and jurisdictional challenges, since municipalities are not named in the consultation clause, while they often manage local encampment responses; timelines and procedures are unspecified (Bill, s. 5(3)). Data unavailable.
• New data and reporting requirements could add administrative burden and costs, with risk of delays or inconsistent data if capacity is limited (Bill, s. 18(1.1)). Data unavailable.
• Without clear implementation deadlines or enforcement tools, critics say the changes could be symbolic and slow to affect on-the-ground outcomes (Bill, s. 18; no dates specified).