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ARTICLE · 05 AUGUST 2020

Protection For Tenants/Borrowers

Miller Thomson
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The Ontario government enacted the PSBA, effective June 18, 2020, which amended Ontario's Commercial Tenancies Act and created greater incentive for commercial landlords to participate in CECRA for small business program ...

CanadaReal Estate and Construction
Jessica Penley
Jessica Penley
Steven Chaimberg
Steven Chaimberg
Kenneth R. Rosenstein
Kenneth R. Rosenstein
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The Ontario government enacted the Protecting Small Business Act, 2020 (the "PSBA"), effective June 18, 2020, which amended Ontario's Commercial Tenancies Act ("CTA") and created greater incentive for commercial landlords to participate in the Canada Emergency Commercial Rent Assistance ("CECRA") for small business program which grants a measure of rent relief for certain tenants.

The PSBA applies not only to landlords who in fact qualify for CECRA, but also landlords who would qualify for CECRA if they entered into one or more rent reduction agreements with their small business tenants.

At a high level, the PSBA provides as follows:

  • It amends the CTA to restrict certain landlord enforcement rights vis-à-vis small business tenants (as defined by CECRA) during a "non-enforcement period" of June 18, 2020 through September 1, 2020 (subject to earlier repeal)

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