Government measures in key jurisdictions 5th edition - Flipbook - Page 29
Canada
Applications for the federal government program, Canada Emergency Commercial Rent
Assistance (CECRA) have closed. This program is structured as a forgivable loan for
Have any changes 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
been made to
the laws around CECRA.
property, rent and
The financial assistance provided by CECRA for small businesses is forgivable as of
enforcement?
December 31, 2020, if participation has been and remains in compliance with all program
requirements.
Property
As November 2, 2020, the CECRA program has been replaced by a new program, Canada
Emergency Rent Subsidy (CERS). This program aims to implement targeted support to help
businesses that have experienced reduced revenues and increased costs due to the
pandemic. The CERS program will provide support to eligible organizations by subsidizing
up to a maximum of 65% of eligible expenses. For more information on the CERS program,
see additional Cassels Comment 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 nonurgent 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).
On 12 December, 2020, an omnibus budget bill, Bill 229, Protect, Support and Recover from
Covid-19 Act (Budget Measures), 2020, was passed by the government of Ontario. Schedule
5 of the Act will provide protection for commercial tenants under Part IV of the Commercial
Tenancies Act by establishing a Non-Enforcement Period in respect of certain commercial
tenancies. Further details on protections for commercial tenancies can be found here.
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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