Government measures in key jurisdictions 3rd edition final - Flipbook - Page 29
Canada
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 (Covid-19) 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 non-decision. 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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