Life Lease Project
A life lease is a hybrid type of tenure arising from a contract that permits a purchaser to occupy a residence for life in exchange for an initial lump sum payment and the payment of ongoing monthly sums (which can cover both operating expenses and rent, depending on the size of the initial lump sum payment). Typically, life lease buildings are apartment style buildings. Life leases are increasingly being used across Canada to create seniors’ housing projects, and they are frequently run by non-profit organizations or community groups. In Saskatchewan, residential tenancies legislation does not apply to life leases. The result is that the rights and obligations of lessees are governed by the type of ownership of the building and the terms of the contract entered into with the project sponsor. The Condominium Property Act, 1993 also does not apply to life leases. The Law Reform Commission is considering whether life lease legislation is required in Saskatchewan, and what types of provisions should be included in life lease legislation.
Real Property Security Law Project
Commissioner Professor Ron Cuming has completed a study respecting real property secured financing law. The objective of the study was to create a comprehensive statement of mortgage law and other types of real property security law in Saskatchewan including both the relevant statutory provisions and applicable rules of equity. This phase of the project was completed in late 2016 with the publication by Commissioner Professor Ron Cuming of a monograph entitled “Overview of Saskatchewan Real Property Security Law“ that is now available for purchase from Publications Saskatchewan.
Professor Cuming has also presented a report to the Commission entitled “Tentative Proposals for a Saskatchewan Land Charges Act” containing a proposed Land Charges Act and extensive commentaries. The proposed Act is designed to modernize, consolidate and codify most features of current real property security law. The Consultation Paper on Tentative Proposals for a Land Charges Act is now available on the Commission’s website. The consultation period will run until February 15, 2019. Please contact Leah Howie, Director of the Commission, at email@example.com, if you would like to participate in consultation activities or be added to the mailing list for this project.
The Commission’s commercial tenancies project is a joint project with the Uniform Law Conference of Canada (ULCC). This project is now complete. The Uniform Law Conference of Canada has adopted the Uniform Commercial Tenancies Act and it will be recommended for enactment to all common law jurisdictions in Canada.