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. In March 2020, the Minister of Finance increased these authorities for 2020 to $20.0 billion and $154.0 billion, respectively (2019 - $5.0 billion and $4.0 billion). Actual short-term borrowings outstanding as at December 31, 2020 and long-term borrowings issued in 2020 were $410 million and $8.6 billion, respectively (2019 - $78 million and $2.0 billion).
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 (2019 – $20 billion). The outstanding principal balance of this indebtedness was nil as at December 31, 2020 (2019 – nil).
As part of Canada’s COVID-19 Economic Response Plan, on March 16, 2020, the Government of Canada announced the launch of the Insured Mortgage Purchase Program (IMPP), whereby, CMHC would purchase up to $50 billion of insured mortgage pools. On March 26, 2020, the IMPP was raised to $150 billion. The purchase of insured mortgage pools under the IMPP would be financed by CMHC through the Crown Borrowing Program. By December 31, 2020, CMHC had purchased $5.8 billion and new purchases under the program had ended. Accordingly, the Minister of Finance has reduced CMHC’s authorities for short-term borrowings outstanding and long-term borrowings issued for the year ended 31 December 2021 to $6 billion and $5 billion, respectively.
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 conditions that are specified by him or her – guarantee payment of any or all of the principal or interest, or both, in respect of securities issued on the basis of housing loans.” (section 14).
Insurance and Guarantee Limits
The NHA (R.S.C., 1985, c. N-11) subsection 11 and 15, as supplemented by subsection 4(1) of the Appropriation Act No. 4, 1998-99 and the schedules to Appropriation Act No. 4, 1998-99, Appropriation Act No. 4, 2003-04, Appropriation Act No. 3, 2006-07, Appropriation Act No. 4, 2007-08 and Appropriation Act No. 5, 2008-09, sets limits to the total outstanding insured amounts and guarantees that can be issued by CMHC. The COVID-19 Emergency Response Act (Canada), passed on March 25, 2020, temporarily increased for a period of five years
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