Government measures in key jurisdictions 4th edition - Flipbook - Page 28
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 available since mid-May are 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.
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 provincial legislation
in Ontario can be found here.
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