Policy & Positions Manual
Provincial Issues - Energy and Mines - Housing
Replacing BC's Commercial Tenancy Act (2009)
““No chattels being in or on any land that is or shall be leased for life or lives, term of years, or at will, or otherwise, are liable to be taken by virtue of any execution, unless the party at whose suit the said execution is sued out, before the removal of such chattels from the premises, by virtue of such execution or extent, pays to the landlord of the premises or the landlord's bailiff such sum of money as is due for rent for the premises at the time of the taking of the chattels by virtue of the execution, if the arrears of rent do not amount to more than one year's rent; and in case the said arrears exceed one year's rent, then the party at whose suit such execution is sued out, paying the said landlord or bailiff one year's rent, may proceed to execute his or her judgment, as he or she might have done heretofore; and the sheriff or other officer is empowered and required to levy and pay to the plaintiff as well the money so paid for rent as the execution money.”
So begins Section 1 of the British Columbia Commercial Tenancy Act (the Act). The Act, which has not changed in many material respects since 1897, is badly out of date, leaving British Columbia in a position unique among Canadian jurisdictions, in that we have no contemporary statute dealing with the legal relationship between commercial landlords and their tenants.
Noting the importance of commercial leasing to the British Columbia economy, the Chamber views with optimism the progress of the Commercial Tenancy Act Reform Committee, established in July, 2007 by the British Columbia Law Institute, and mandated to study the reform of commercial tenancy law in British Columbia. The final report of the Committee is expected in June, 2009, and the Committee has advised that the report will include draft legislation replacing the current Act with a new Commercial Tenancy Actreflecting contemporary legal and commercial realities.
However, the Chamber is concerned that the reform of the Province’s commercial tenancy law may be afforded little attention by the government, as it is far from a “hot button” issue, and that despite the antiquity and ineffectiveness of the current Act, the government may not take action to reform it.
THE CHAMBER RECOMMENDS
That the Provincial Government give urgent attention to the reform of British Columbia’s commercial tenancy laws immediately upon the release of the final report of the Commercial Tenancy Act Reform Committee, scheduled for June, 2009, with a view to the prompt and timely replacement of the present Commercial Tenancy Actwith a new statute.
