REALWorld Law

Commercial leases

Specific regulations for asset classes

Are there any specific regulations and/or laws which apply to leases of particular categories of real estate, such as residential, industrial, offices, retail or hotels and what is their impact?

Canada

Canada

Parties are generally free to contract as they wish in commercial leases covering industrial property, offices, and retail property, subject to case law and specific provisions in the relevant legislation which generally impact on their terms in minor ways. There are also statutory regimes in each Canadian jurisdiction that govern the registration of leasehold interests. Certain uses of leased property (eg hotels) may also be subject to specific legislation that varies across each Canadian jurisdiction and advice from local counsel should be sought as to local laws affecting specific property types.

Residential tenancies are also governed by specific legislation in each jurisdiction (eg the Residential Tenancy Act, SBC 2002, c. 78 (British Columbia)) and residential tenants have specific rights imposed by such statutes, so specific advice should be sought.