2. In the event that an order or assignment of a contract or assignment is placed against or by a lessee under the Bankruptcy and Insolvency Act (Canada), the depositary or agent shall, in a lease, have the right to retain and retain the leased premises for a maximum period of 3 months from the date of receipt of the order or assignment. or until the expiry of the lease, whichever happens first, under the same conditions as those under which the tenant could have kept the premises if there had been no order or assignment. The law has been amended in recent years and entered into force on 1 January 2013. All of these changes do not apply to leases entered into before that date. We have created a series of commercial leasing publications to answer frequently asked questions about the law, which have been concluded specifically for lease agreements concluded before and after January 1, 2013. To which cases does this law apply? The law focuses on retail trade; However, rental contracts for certain non-businesses, such as.B. shopping mall businesses and other specific businesses, are also covered by the law. The law generally applies to contracts for the rental of premises with an area of 1000 m2 or less and is used for the exercise of a commercial activity and is located in a retail shopping centre (a group of premises of which 5 or more are used for the sale of goods by the retail trade or by a given enterprise); not in a retail shopping centre, but which are used (or used primarily) for the sale of goods by the retail trade; or used to perform a “specific activity”.
The rules define what is considered a “specified establishment” on January 1, 2013, i.e., dry cleaning; hairdresser; cosmetic surgery and treatments; Shoe repair (which may include key cuts and engravings); and the sale or rental of videotapes, DVDs, electronic games and other similar entertainment. The law provides that certain retail businesses with an area of more than 1000 m2 can be taxed, which are also covered by the law. In principle, the law does not apply to leases of listed companies. What is the Commercial Tenancies Act? The purpose of the Act is: to regulate commercial leases with respect to retail leases; to enable the resolution of disputes and the resolution of issues arising from a lease agreement through access to other mediation and dispute resolution mechanisms at a lower cost, offered by the Small Business Commissioner and the State Administrative Tribunal; and prohibit any unscrupulous, misleading and misleading conduct with respect to retail businesses….