Blog: Commercial Real Estate

New Rent Relief Program Announced to Replace CECRA

Some good news for commercial tenants: the red tape which plagued the Canadian Emergency Commercial Rent Assistance (CECRA) program has been reduced in favor of an easy-to-access application process that replaces the system of numerous prescribed documents required under CECRA.

On October 9, the Federal Government announced details regarding relief to commercial tenants who have experienced reduced revenues due to the Covid-19 pandemic. This new program will become the successor to the CECRA program originally announced in May of this year and officially now concluded as of September 30, 2020.

In its place, the Canada Emergency Rent Subsidy (CERS) will…

Land Owner Transparency Registry to Launch November 30, 2020

It was recently announced that much anticipated Land Owner Transparency Registry (the “Registry”) will become effective as of November 30, 2020 (the “Effective Date”) with the Province approving Order in Council No. 549, bringing into force almost all provisions of the governing legislation: the Land Owner Transparency Act (the “Act”).

The purpose of the Act is to mandate reporting for indirect ownership of land in the Province which shall be maintained in the Registry and publicly accessible. Prior to the Effective Date, only legal ownership of lands was recorded which meant that disclosure of ownership began and ended at the…

CECRA Program Extended Throughout July

The federal government has just announced the extension the Canada Emergency Commercial Rent Assistance (CECRA) Program to cover the month of July. This extends the Program’s eligibility by one month beyond the original three months of April, May and June

As per our previous blog posts, the CECRA Program offers forgivable loans to qualifying small businesses (those that have been impacted by the Covid-19 pandemic) who lease commercial space from qualifying landlords. Ultimately, the federal and provincial governments will cover 50% of the gross rent, the eligible tenant would pay 25% and the landlord would forgo the remaining 25%.

Although…

No Eviction for Eligible Commercial Tenants Unless Landlords Apply for CECRA

When the Canadian Emergency Commercial Rent Assistance (“CECRA”) Program was first revealed, two issues were highlighted by the public concerning eligibility:

The requirement that the relevant commercial property had been used to secure a mortgage loan; and that commercial tenants were at the whim of their respective landlords to apply for the Program.

The former concern has recently been addressed by the Federal Government by eliminating the requirement for a mortgage to be registered and, as of today, it appears the latter issue has also been remedied.

This morning, the Provincial Finance Minister, Carole James, announced a new emergency order…

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…

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…