A CMHC CRF borrowing agreement with the Government of Canada was approved by the Governor-in-Council, by Order-in-Council P.C. 1991-295, on February 14, 1991. Order-in-Council P.C. 1991-295 discontinued CMHC’s right of prepayment on such borrowings without penalty. As a result, CMHC assumed the interest rate risk previously borne by the CRF.
From December 1993 to April 2008, CMHC, with the approval of the Minister of Finance, primarily borrowed money in the capital markets. CMHC’s borrowings from the capital markets were at rates of interest that reflected its Crown corporation status and were used to finance social housing loans at break-even rates in order to reduce the cost of social housing assistance.
Since April 2008, CMHC resumed borrowing directly from the CRF under the Crown Borrowing Program, an initiative announced by the Minister of Finance in the 2007 federal budget. CMHC continues to offer loans on a break-even basis, with lending rates taking into account the cost at which funding is obtained from the Government of Canada.
In 2016, the FAA was amended to restrict the circumstances in which the Governor-in Council may authorize the Minister of Finance to borrow money on behalf of the Government of Canada or its agent corporations without seeking Parliamentary approval. As a result, legislative approval is now required for money borrowed by CMHC, including money borrowed by way of the issue and sale of Canada Mortgage Bonds that are guaranteed by CMHC. Such approval was provided by means of the 2017 Borrowing Authority Act (Canada), which provided parliamentary approval of the total amount of money that may be borrowed by the Government of Canada and its agent corporations, up to a total of $1,168 billion.
Borrowing Limits
The Minister of Finance approves CMHC’s Borrowing Plan annually and establishes limits and parameters for borrowings. The limits and parameters pertain to capital market borrowings and borrowings from the Government of Canada that have been incurred since April 2008 in connection with CMHC’s Assisted Housing and Mortgage Funding Activities.
The Borrowing Authorities were revised in 2018 to apply limits separately to short-term borrowings outstanding and long-term borrowings issued. These limits for 2018 were $4.6 billion and $1.75 billion, respectively. Actual short-term borrowings outstanding as at December 31, 2018, and long-term borrowings issued in 2018 were $41 million and $956 million, respectively. The Borrowing Authorities also require that CMHC receive Minister of Finance approval for any new capital market borrowings. There were no capital market borrowings outstanding as at December 31, 2018 (2017 – nil).
In 2017, the Borrowing Authorities provided separate limits for short-term borrowings outstanding and long-term borrowings issued for activities other than the Rental Construction Financing Initiative (RCFi), as well as total RCFi borrowings outstanding. These limits were $2.4 billion, $775 million, and $625 million, respectively, and actual amounts as at December 31, 2017 were $50 million, $561 million, and $84 million, respectively.
A borrowing limit established pursuant to the section 21(2) of the CMHC Act, which is separate from the limits above and does not apply to borrowings of CHT, requires that the total indebtedness outstanding at any time, excluding any indebtedness to the Government, not exceed $20 billion (2017 – $20 billion). The outstanding principal balance of this indebtedness was nil as at December 31, 2018 (2017 – nil).
Authority to Guarantee
CMHC, as agent for Her Majesty in right of Canada, is authorized to guarantee the timely payment of all principal and interest on Canada Mortgage Bonds issued by CHT and the timely payment of all principal and interest on NHA Mortgage-Backed Securities (MBS) issued by CMHC-approved issuers in CMHC’s NHA MBS Program. The Canada Mortgage Bonds and NHA MBS are guaranteed by CMHC pursuant to the powers given to it in sections 4 and 14 of the NHA which expressly provide that “Every right or obligation acquired or incurred by the Corporation under this Act, whether in its name or in the name of Her Majesty, is a right or obligation of Her Majesty” (section 4), and “The Corporation may – with the Minister of Finance’s approval and on any terms or
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