Blog: Jennifer Williams

No Need For a Mortgage – Update to the Canada Emergency Commercial Rent Assistance (“CECRA”) Program

Scrutinized criteria regarding the eligibility of the CECRA Program appears to have been subtly addressed in recent days.  The Canada Mortgage and Housing Corporation (“CMHC”) – the entity charged with administering the Program – had previously published criteria for eligible commercial landlords and tenants on their website. Among those conditions stood the requirement for the commercial property (which housed the affected commercial tenant) to have been used to secure a mortgage loan.

Previously, CMHC’s webpage contained a footnote next to this requirement with the following:

For those property owners who do not have a mortgage, an alternative mechanism will be…

LTSA Launches LandTransparency.ca Website

Prior to COVID-19 consuming the entirety of the daily news cycle, a major focus for property owners in the Province was the anticipated Land Owner Transparency Act (“LOTA”).

As part of the 30-Point Plan for Housing Affordability in British Columbia, this legislation – the first of its kind in North America – was to establish the Land Owner Transparency Registry (“LOTR”): a publically accessible registry to record beneficial ownership rather than the current recording of only legal ownership.

News regarding LOTA has understandably slowed in light of the global focus on the COVID-19 pandemic. However, the Land Title and Survey…

APRIL 30 – UPDATE TO CANADA EMERGENCY COMMERCIAL RENT ASSISTANCE (CECRA)

On April 24, 2020, the federal government reached an agreement in principle with all provinces and territories to implement the CECRA program for qualifying small businesses. Prime Minister Justin Trudeau announced that morning that eligible small businesses affected by Covid-19 will be receiving 75% in rent relief. Those details along with further particulars from the Canada Mortgage and Housing Corporation (“CMHC”) include the following:

Eligible Tenants. The commercial tenants eligible for this program will be those that are paying no more than $50,000 gross per month in rent AND have either temporarily ceased operations (i.e. generating no revenues) or have…

CANADA EMERGENCY COMMERCIAL RENT ASSISTANCE (CECRA) UPDATE

The federal government has reached an agreement in principle with all provinces and territories to implement the CECRA program for qualifying small businesses. Prime Minister Justin Trudeau announced this morning that eligible small businesses affected by Covid-19 will be receiving seventy-five percent (75%) in rent relief. Details released this morning include the following:

Eligible Tenants. The commercial tenants eligible for this program will be those that are paying less than $50,000 per month in rent and have either temporarily ceased operations or have experienced at least a 70% drop in revenues. This will also include non-profit organizations. Further details are…

Builders Lien Limitation Periods Are Back!

Parties on all sides of construction contracts including, owners, contractors, subcontractors, material suppliers, and consultants should be aware that the recent suspension of limitation periods has been softened.  On March 26, 2020, the Minister of Public Safety and Solicitor General issued Ministerial Order no. M086 titled Limitation Periods (COVID-19) Order (the “Original Order”). The Original Order temporarily suspended certain limitations periods in the province of British Columbia, and had been slated to continue until the current state of emergency declared on March 18, 2020 expired or was cancelled.

On April 8, 2020, by way of a further Ministerial Order no….

New Canada Emergency Commercial Rent Assistance (CECRA) Program Announced

On April 16 Prime Minister Justin Trudeau announced that the Federal Government plans to introduce the Canada Emergency Commercial Rent Assistance.  This program is slated to provided rent relief to small and medium-sized business amid the Covid-19 pandemic.

While the finer details of the new program are yet to be released, aspects that have been alluded to thus far by the Prime Minister and Finance Minister Bill Morneau include:

a measure of relief is to be provided for rents due in the months of April, May and June; there will be an offer of loans (including forgivable loans) to commercial…

CATCH-22: COMMERCIAL TENANCIES AMID COVID-19

UPDATE: On April 16th the Federal Government announced tentative rent relief for small and medium-sized businesses. More details to follow.

You get the dreaded call.  Your tenant can’t pay rent.   Or you’re a commercial tenant forced to close shop and your landlord calls looking for this month’s cheque.  What do you do?

Landlords and tenants alike are facing these all-too-common scenarios amidst the Covid-19 pandemic. While the Government has provided limited assistance to residential landlords, these protections do not extend to commercial tenancies which remain, at their core, a strictly contractual relationship.

Commercial Lease Basics

The commercial lease governs the…

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