Post by serragoosenburg on Feb 4, 2010 7:04:58 GMT 4
Report on Proposals for a New Commercial Tenancy Act
British Columbia Law Institute
British Columbia Law Institute Report, No. 55, October 2009
Abstract:
The Commercial Tenancy Act, British Columbia’s main statute addressing commercial leasing, is badly out of date. The act first appeared in British Columbia law in the late nineteenth century, as a compilation of a disparate set of legislative provisions enacted in England in the eighteenth and nineteenth centuries. A few provisions have been added over the years, but apart from these additions, the act has remained the same. Commercial leasing, of course, has not remained the same. It has grown and diversified along with British Columbia’s economy. As a result, a split be-tween the issues addressed by the Commercial Tenancy Act and the concerns of participants in the commercial leasing sector has appeared and grown very wide.
This report is the final publication for the Commercial Tenancy Act Reform Project, which was carried out by a volunteer project committee. Its centerpiece is a draft of a new Commercial Tenancy Act. This draft legislation focuses on four areas of present concern in commercial leasing: provisions implied in leases; the landlord’s con-sent to an assignment of a lease or a sublease; the application of contractual principles to leases; and the bankruptcy of the tenant. It also contains an enabling provision for a new summary dispute resolution procedure, which is spelled out in a draft regulation. Finally, it sweeps away a number of obsolete provisions from the current act. The draft legislation is the product of several committee meetings and extensive public consultation.
papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID1530308_code1281580.pdf?abstractid=1530308&mirid=2
British Columbia Law Institute
British Columbia Law Institute Report, No. 55, October 2009
Abstract:
The Commercial Tenancy Act, British Columbia’s main statute addressing commercial leasing, is badly out of date. The act first appeared in British Columbia law in the late nineteenth century, as a compilation of a disparate set of legislative provisions enacted in England in the eighteenth and nineteenth centuries. A few provisions have been added over the years, but apart from these additions, the act has remained the same. Commercial leasing, of course, has not remained the same. It has grown and diversified along with British Columbia’s economy. As a result, a split be-tween the issues addressed by the Commercial Tenancy Act and the concerns of participants in the commercial leasing sector has appeared and grown very wide.
This report is the final publication for the Commercial Tenancy Act Reform Project, which was carried out by a volunteer project committee. Its centerpiece is a draft of a new Commercial Tenancy Act. This draft legislation focuses on four areas of present concern in commercial leasing: provisions implied in leases; the landlord’s con-sent to an assignment of a lease or a sublease; the application of contractual principles to leases; and the bankruptcy of the tenant. It also contains an enabling provision for a new summary dispute resolution procedure, which is spelled out in a draft regulation. Finally, it sweeps away a number of obsolete provisions from the current act. The draft legislation is the product of several committee meetings and extensive public consultation.
papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID1530308_code1281580.pdf?abstractid=1530308&mirid=2