Law360 Canada (August 27, 2026, 5:37 PM EDT) -- Lawyers in Nova Scotia are examining whether a legal challenge could be launched against the province after it made what they called the “cruel” move of amending income assistance regulations to make homeless people living in tents and cars ineligible for an enhanced welfare benefit.

The government’s move comes not a month after Nova Scotia’s Court of Appeal ruled that it was wrong for provincial welfare officials to deny enhanced disability benefits to a resident living in a tent because he was “unhoused.”

The subject of the court case was the late Bradley Lowe, an unemployed man who had been living in a tent in Victoria Park, in downtown Halifax. (Lowe died of a drug overdose as his case was winding its way through the courts.)

As of September 2023, Lowe was receiving income assistance in the form of an “essentials rate” of $380 per month. The next month, he applied for an “enhanced rate” of $947 on the basis he had a disability.

But Lowe’s request was denied because he was homeless.

At the time, the Nova Scotia’s Employment Support and Income Assistance Act regulations stated that the enhanced rate applied to those who rent or own their accommodation.

Lowe successfully argued that he owned his accommodation — that being his tent.

After his death, Nova Scotia’s Appeal Court agreed with that argument, finding that the term “accommodation” should include Lowe’s tent.

It was a long-awaited legal victory for Lowe’s estate.

The ruling effectively broadened the eligibility for homeless people living in tents, cars or trailers to receive the enhanced benefit — provided they owned or rented these forms of accommodation.

However, on Aug. 25, the Department of Opportunities and Social Development filed an order in council (OIC) to amend the Act’s regulations — specifically, to change the meaning of what a “home” is and who is eligible for the enhanced benefit.

The changes eliminate the stipulation that recipients rent or own their “accommodation” and replace it with “lives in a home.”

The amended regulations then define “home” as, among other things, a self-contained unit the recipient rents or owns. But a “self-contained unit” is further defined as a “a residential unit with private living, kitchen and bathroom facilities, including a plumbed water supply and sanitary sewer disposal, in the unit that are available for the exclusive use of an applicant or recipient.”

The OIC filing also repealed the definition of “mobile home.”

Vince Calderhead, one of the lawyers who represented Lowe — and later Lowe’s estate — called the government’s move disappointing and “cruel,” as the enhanced benefits package now excludes those living in tents and cars.

As for trailers, he said it would depend on whether someone’s trailer — or mobile home — falls within the meaning in the regulations.

“It’s disappointing personally, for sure, but that’s nothing compared to the disappointment … felt by those who learned about the decision, familiarized themselves with it and thought, well, finally, now we’re going to have a measure of social justice, a measure of dignity. And to then have the government turn around — and let’s be clear, the government had two options: one, do nothing after the Court of Appeal decision and simply allow those people living in those situations to more closely approach the poverty line. The second option was to effectively overturn the decision by rewriting the regulation — and in a very cruel way, that’s the route they’ve chosen.”

Calderhead was asked if the move could be challenged legally.

“We would need to look at it really carefully. There are a couple of questions. One is, is it consistent with the purposes of the Act? And the Court of Appeal did talk briefly in passing about that, and how their interpretation was consistent with the purpose of the Act, so we need to look at that. We also need to look at whether possibly it’s discriminatory under human rights principles. But that would take a very careful review, and obviously we haven’t had that [yet].”

Calderhead did confirm that the amendments would not impact Lowe’s estate, which will still receive his enhanced benefits retroactively.

“In law, generally, regulations are not retroactive, and so the changes introduced a couple of days ago simply have no application at all to the Lowe case.”

Nova Scotia’s Department of Opportunities and Social Development was asked to comment on what Calderhead had to say.

“The court interpreted the regulations as they were written at the time and identified that some language could be clearer, including how accommodation was described,” stated a spokesperson in an email. “While previous decisions had supported the department’s interpretation of the regulations, the Court of Appeal reached a different conclusion, highlighting the need for greater clarity.”

“Government’s role is to ensure legislation and regulations clearly reflect policy intent and that they can be applied consistently. These amendments provide clearer direction on how different living situations are considered when determining eligibility for income assistance rates, so the program can be administered consistently and transparently across the province.”

They went on to stress that Nova Scotia’s homeless would continue to receive benefits for which they are eligible.

“What has not changed is eligibility for income assistance itself. People experiencing homelessness will continue to be able to access income assistance and other supports for which they qualify.”

Dalhousie Legal Aid (DLA) was quick to criticize the amendments to the regulations.

“This is a deeply disappointing response to a court decision about the treatment of people experiencing extreme poverty and homelessness,” states DLA on its Instagram page.

It also objects as to how the amendments came about.

“These changes were made without public consultation or any meaningful public announcement. The government appears to have moved quickly and quietly to change the rules rather than address the concerns raised by the Court of Appeal in Lowe.”

There are reportedly several hundred Nova Scotia residents on income assistance and living in tents during the warmer months.

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