The Property Controls for Grocery Stores and Supermarkets
Act
Manitoba is a taking the provincial lead in the "public
interest" that there should not be any restrictions, either
directly or indirectly that restricts the use of land for a grocery
store or a supermarket.
Bill 31, The Property Controls for Grocery Stores and
Supermarkets Act, received Royal Assent on June 3rd
of this year and is in force. The gist of the Bill is that going
forward, exclusivity clauses or restrictive covenants that
restrict, directly or indirectly, the use of land for a grocery
store or supermarket (a "property control") are void. To
the extent that a property control currently exists, it can be
"preserved" by either filing a caveat (if a caveat had
not previously been registered) or, if a caveat has already been
filed, filing a memorandum of agreement to confirm or modify the
property control. A new form of memorandum of agreement has been
prescribed for this purpose. That said, if
