Government measures in key jurisdictions 2nd edition final pages - Flipbook - Page 23
Canada
5
Property
Have any changes
been made to
the laws around
property, rent and
enforcement?
The federal government, along with its provincial and territorial partners, has introduced
additional support for small businesses through the Canada Emergency Commercial Rent
Assistance (CECRA) program. This program is structured as a forgivable loan for qualifying
commercial landlords and is intended to create a mechanism whereby 50% of commercial
rent that would otherwise be owed by eligible tenants will be paid through CECRA.
The loans are expected to become available in mid-May and to remain accessible through
September 30, 2020. They will be administered through the federal crown corporation,
Canada Mortgage and Housing Corporation (CMHC), with the provinces and territories
providing implementation assistance and participating in the allocation of up to 25% of the
costs. While the federal government’s most recent announcement provides that a deal with
the provinces and territories has been reached “in principle,” the exact mechanism of the
loan application, distribution of funds, and ultimate forgiveness of the loan have not been
released as of yet.
Further details on CECRA, including amounts and eligibility for loans, as well as legal
considerations for landlords and tenants, can be found here and here.
Provinces and municipalities across Canada have implemented various measures providing
relief for both landlords and tenants in residential and commercial leasing matters,
including:
•
municipal property tax relief measures,
•
suspension of eviction orders and hearings related to eviction applications for
non-urgent issues,
•
temporary rental supplements,
•
rent freezes,
•
deferral of late fees on late rental payments, and
•
commercial rent deferral programs.
In British Columbia (BC), the provincial government has introduced its $5 billion COVID-19
Action Plan, which includes a real estate tax reduction for businesses. It is anticipated that
this reduction will provide $500 million in immediate relief for businesses that own their
property and will allow commercial landlords to pass these savings onto their tenants in
triple-net leases.
Further details on the relief measures implemented in BC can be found here.
In Ontario, the provincial government has introduced the Coronavirus Support and
Protection Act, which includes amendments to the Planning Act authorizing the Minister
to make regulations respecting the calculation of time for development applications in
connection with the emergency declared under the Emergency Management and Civil
Protection Act (EMCPA).
Regulations have been released to provide municipalities with additional flexibility during
the COVID-19 emergency to process and advance development applications, particularly
where there is no dispute, without concern that appeals may be filed on the basis of nondecision. This should also come as welcome news to applicants and new homebuyers,
who have faced technical challenges to project delivery and new home closings during
this emergency.
More information on the new provincial legislation in Ontario can be found here.
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