Order Fixing the Day on Which This Order is Made as the Day on Which Certain Provisions of the Build Canada Homes Act Come into Force: SI/2026-39

Canada Gazette, Part II, Volume 160, Number 15

Registration
SI/2026-39 July 29, 2026

BUILD CANADA HOMES ACT

Order Fixing the Day on Which This Order is Made as the Day on Which Certain Provisions of the Build Canada Homes Act Come into Force

P.C. 2026-695 July 7, 2026

Her Excellency the Governor General in Council, on the recommendation of the Minister of Infrastructure and Communities, under section 51 of the Build Canada Homes Act, chapter 18 of the Statutes of Canada, 2026, fixes the day on which this Order is made as the day on which sections 1 to 28, 30 to 40, 42 to 46, 48 and 49 of that Act come into force.

EXPLANATORY NOTE

(This note is not part of the Order.)

Proposal

This Order in Council, made under section 51 of the Build Canada Homes Act (the Act), fixes the day on which it is made as the day on which all provisions of the Act, except for sections 29, 41 and 47, come into force.

Objective

The objective of this Order is to bring into force the provisions of the Act required to establish Build Canada Homes (BCH) as a Crown corporation, while delaying the coming into force of a limited number of provisions until the organization can fully commence operations as a Crown corporation.

Background

Build Canada Homes was announced in the May 2025 Speech from the Throne as part of the Government’s commitment to address housing affordability. BCH was launched in September 2025 as a Special Operating Agency (SOA) within Housing, Infrastructure and Communities Canada (HICC). This interim governance structure was intended to allow BCH to begin advancing its mandate while legislation was developed and brought into force to formally establish BCH as a standalone Crown corporation.

The Act, which received royal assent on June 18, 2026, provides for BCH’s establishment as a Crown corporation and authorizes the Governor in Council to establish different dates for the coming into force of various provisions of the Act. This approach was built into the legislation to provide BCH with the flexibility to bring provisions into force in line with its operational readiness as it transitions from an SOA to a Crown corporation. Since royal assent, BCH has continued to advance the governance, operational and administrative preparations required to support its transition to a Crown corporation. This Order brings into force the provisions needed at this stage of the transition, while deferring sections 29, 41 and 47 to a later date to provide BCH with additional time to complete the remaining governance, operational and administrative processes required to fully assume its Crown corporation responsibilities.

Implications

This Order will constitute BCH as a Crown corporation, enabling the appointment of inaugural members to the Board of Directors, the formal designation of the responsible minister, and the establishment of BCH’s head office. It will also allow the establishment of the operating structures a Crown corporation requires, including financial management and internal control systems, human resources and payroll administration, information technology, and corporate services arrangements. This enables BCH to begin operating under its statutory mandate through a phased transition that defers select provisions and maintains existing SOA arrangements, ensuring continuity for BCH’s existing project commitments, partner relationships, procurements, partnership agreements, and financing activities until the remaining transition steps to fully operate as a Crown corporation are complete.

The timing of the coming into force for the three outstanding sections (29, 41 and 47) will be determined based on BCH’s readiness to fully operate as a Crown corporation. Until sections 29 and 41 are brought into force through an Order in Council, payments to BCH SOA are to continue to be made by the Minister of Infrastructure and Communities, with the Minister of Finance concurrence. Once section 29 is in force, the Minister of Finance would assume responsibility for providing funding to BCH as a Crown corporation directly from the Consolidated Revenue Fund. Section 41, once in force, would enable the use of the Consolidated Revenue Fund to support any entities designated by the Governor in Council that are carrying out activities related to BCH. Section 47, once in force, will provide for the transfer of the Chief Executive Officer from the SOA to the Crown corporation.

Consultation

HICC has not directly consulted on the coming into force of the Act. However, as a part of Parliament’s study of the Act, 22 witnesses testified before committees of the House of Commons and the Senate; and 44 written briefs on the legislation were submitted through the House of Commons Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities (HUMA) from Indigenous partners, academics, non-profit organizations, industry, and citizens. Key themes of their feedback included defining affordability, setting targets and establishing transparent reporting mechanisms, prioritizing high needs populations, and using distinctions-based, Indigenous-led housing approaches.

The Act provides BCH with the flexibility to adapt its policy and program implementation over time in response to evolving housing needs, market conditions, and stakeholder perspectives. The Minister must, in consultation with the Minister of Finance, conduct a review of the Act’s provisions and operation 5 years after the Act comes into force and every 10 years thereafter. Within one year of each review, the Minister must table a report in both Houses of Parliament, and the report must then be reviewed by a designated Senate, House of Commons, or joint parliamentary committee.

Contact

Marco Presutti
Portfolio Management, Investment and Partnerships Sector
Housing, Infrastructure and Communities Canada
Telephone: 613‑808‑8878
Email: marco.presutti@infc.gc.ca