British Columbia Conditionally Restricts Commercial Lease Terminations During COVID-19

On June 1, 2020, the Province of British Columbia issued Ministerial Order No. M179 ("B.C. Order") pursuant to the Emergency Program Act (British Columbia) prohibiting landlords who were eligible for the federal government's Canada Emergency Commercial Rent Assistance Program ("CECRA"), but did not apply, from issuing notices of termination; exercising any right of re-entry, distraint of the tenant's goods, and taking steps to rent out the tenant's leased property, as a result of a tenant's failure to pay rent when due.

Applications for the CECRA opened on May 25, 2020. The CECRA, that is managed by the Provinces and administered by CMHC, provides eligible tenants with rent relief for the months of April, May and June by requiring participating landlords to reduce the rent owed by 25% and offering commercial landlords forgivable loans for the remaining 50% in order for landlords to reduce the rent owed by their eligible tenants to 25% of the original rent.