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Report on Proposals for a New Commercial Tenancy Act

Year: 
2009
Description: 

The
 Commercial
 Tenancy
 Act
 Reform
 Project
 began
 in
 the
 summer
 of
 2007,
 with
 a
 mandate
 to
 study
 British
 Columbia’s
 major
 commercial
 leasing
 statute
 and
 to
 make
 recommendations
 for
 its
 reform.
 Work
 on
 the
 first
 phase
 of
 the
 project
 progressed
 throughout
 the
 fall
 of
 2007
 and
 the
 winter
 and
 spring
 of
 2008,
 concentrating
 on
 examining
 the
 deficiencies
 of
 the
 current
 legislation
 and
 studying
 leading
 models
 for
 reform.
This
phase
of
the
project
culminated
in
the
publication
in
September
2008
of
 the
 Consultation
 Paper
 on
 Proposals
 for
 a
 New
 Commercial
 Tenancy
 Act.
 The
 consultation
 paper
 asked
 for
 public
 comment
 on
 fifty‐eight
 tentative
 proposals
 for
 reform.
 After
a 
six month
 consultation 
period 
ended 
in 
March
2009,
 the 
second 
phase 
of 
the
 project 
began.
This 
phase 
focussed 
on 
considering 
the
responses 
to 
the 
consultation
 paper,
settling
 the
project’s 
final 
recommendations, 
and
implementing
 those 
regulations
 in 
draft
legislation.
The
 Report
 on
 Proposals 
for 
a
 New
Commercial
 Tenancy
 Act
 is 
the 
culmination
 of
all 
this 
work 
on 
the
 project.


The
 Commercial 
Tenancy 
Act 
Reform
 Project
was 
made 
possible 
by 
funding 
from
 the
 Real
Estate
 Foundation
 of
 British 
Columbia 
and
 the
Notary 
Foundation
 of
 British 
Columbia.


Status: 

Completed

Jurisdiction: 

British Columbia

Body Responsible: 

British Columbia Law Institute

 
Purpose: 

The
 Commercial 
Tenancy 
Act 
Reform
 Project
 is 
focused
 on 
the 
Commercial 
Tenancy
 Act
 and
 allied
 legislation,
 such
 as
 selected
 provisions
 of
 the
 Property
 Law
 Act,
 the
 Law
 and
 Equity
 Act,
 the
 Land
 Title
 Act,
 and
 the
 Land
 Transfer
 Form
 Act.
 This
 project
 does
 not
 address
 residential
 leases—that
 is,
 leases
 for
 living
 accommodations.
 In
 this
 way,
 it
 follows
 a
 division
 that
 has
 been
 present
 in
 British
 Columbia
 leasing
 law
 since
the
1970s,
which
 has 
separate 
statutes 
for 
commercial
 and 
residential 
leases.
 

Results: 

The
 current 
Commercial 
Tenancy
 Act 
has 
outlived 
its 
utility 
as
 a 
legal 
framework 
for
 commercial
 leasing 
in
 British 
Columbia. 
The
Report 
on 
Proposals 
for 
a 
New
 Commercial
 Tenancy
 Act
 provides
 a
 practical
 model
 for
 a
 new
 legal
 framework
 that
 is
 more
 responsive
 to
 the
 needs
 of
 commercial
 leasing
 in
 twenty‐first
 century
 British
 Columbia.
 

Revision History:
This summary was last reviewed in Aug 16, 2012:custom:F, Aug 16, 2012:custom:Y.