DISCLAIMER: This publication is intended to provide general information on legal issues and developments as of the date indicated. It does not constitute legal advice and cannot be treated or relied upon as such. Please read our full disclaimer under www.stikeman.com/legal-notice. In accordance with Ministerial Decree M179, which came into force on May 20, 2020, the moratorium prohibited commercial landlords from evicting, terminating, reintegrating, seizing or taking steps to rent a tenant`s rental property on behalf of the tenant (without the tenant`s consent). However, with the end of the CCAA program, the moratorium has expired and landlords are now free to seek recourse for any violations that occurred before or during the moratorium, unless the lease has been modified by a rent reduction agreement under the CCAA program or by any other amendment or agreement that the parties may have agreed to (in which case the scope of available remedies would be determined by the applicable agreement or arrangement). This article contains only general information on legal issues and developments and is not intended to be specific legal advice. For more information, please see our disclaimer. You can also visit our COVID-19 Resource Centre for publications and webinars on COVID-19-related legal issues. I found these valuable guides very practical and very useful. Basem Al Imam – Head of Legal Affairs, Arab Bank plc.

A2. Yes, as long as your arrangement meets the CCAA eligibility criteria. If not, you can still participate if you change your arrangement to meet the eligibility criteria. For example, in addition to amending other non-compliant aspects of the agreement, any rent paid in excess of the CCAA maximum must be refunded or credited to the tenant in accordance with CCAA requirements. Note that the tenant`s contribution of 25% is a maximum. An agreement in which the tenant pays less would not be compliant on this basis. R3 Yes, as mentioned above, CMHC has accepted new CCAA applications until September 30, 2020, provided that the landlord and tenant are eligible during the relevant period. If the landlord is eligible for the program on this basis, they are required to reimburse the tenant for any rent paid in excess of the CCAA maximum (or credit the rent in accordance with CCAA requirements). Although the period for new applications has expired, it is still possible for existing participants to extend their participation until the end of September 2020. The deadline to request such an extension is October 30, 2020. CMHC raised several key issues related to homeowner eligibility, including: The CCAA will be a collaboration between federal, provincial and territorial governments and will be managed by CMHC.

CMHC has retained the services of MCAP and CTF to provide the CCAA to eligible owners and small business owners. Landlords and tenants can be contacted by MCAP or FCT throughout the application validation and financing process. More information about the CCAA can be found on CMHC`s website. On June 30, 2020, the federal government announced that the CCAA will be extended by one month to cover eligible small business rents for July 2020. Current and new applicants can now register for this period. The law does not apply if, at any time, the landlord and tenant participated in the CCAA program (with respect to commercial premises) or with respect to evictions or lease terminations that occurred before June 16, 2020 (the date the law was received at first reading). In addition, the law does not affect the remedies a landlord can have under a lease if a significant violation that has nothing to do with the pandemic has occurred. If you are concerned about how COVID-19 could affect your business, please feel free to contact a member of our COVID-19 response team, the real estate or commercial leasing group. R3 Yes, as mentioned above, CMHC indicates that you can apply for a CCAA until August 31, 2020, provided that the landlord and tenant are eligible during the months of April to June 2020.

If the landlord is eligible for the program on this basis, they are required to reimburse the tenant for any rent paid in excess of the CCAA maximum (or credit the rent in accordance with CCAA requirements). The Prime Minister`s Office and Canada Mortgage and Housing Corporation (CMHC) have released more details about the CCAA and eligible landlords can now apply for the program.