1. Introduction

The Law Reform Commission of Saskatchewan was established by An Act to Establish a Law Reform Commission, proclaimed in force in November 1973, and began functioning in February 1974.

The Commission is incorporated by an Act of the Saskatchewan Legislature. Commissioners are appointed by Order in Council. The Commission’s recommendations are independent and are submitted to the Minister of Justice and Attorney General of Saskatchewan for consideration.

Projects are initiated by the Commission in response to suggestions from the public and the legal community, or at the request of the Minister of Justice and Attorney General. After preliminary research, the Commission usually issues background or consultation paper to facilitate consultation. Tentative Proposals may be issued if the legal issues involved in a project are complex. Upon completion of a project, the Commission’s recommendations are formally submitted to the Minister of Justice and Attorney General as final proposals.

Life lease housing developments are an increasingly popular housing option for seniors across Canada. A life lease is a hybrid type of tenure arising from a contract that permits the purchaser to occupy a residence for life in exchange for an initial lump sum payment (typically referred to as an entrance fee) 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). Life leases grant a right to occupy; life lease holders do not own the property they are occupying.

Saskatchewan’s residential tenancies legislation does not apply to life leases. The Condominium Property Act, 1993 also does not apply to life leases. The result is that the rights and obligations of life lease holders are largely governed by the terms of the life lease agreement entered into with the project sponsor

The Commission is considering whether Saskatchewan should enact legislation to regulate life lease developments.

This survey replicates the questions set forth in the Commission's consultation paper.  The consultation paper can be viewed on the Commission's website (https://lawreformcommission.sk.ca/publications/).


The public consultation period for this project ends on May 31, 2019.

Question Title

* 1. Payments

1.      Should life lease legislation limit the amount and timing of pre-lease payments?

2.      Should life lease legislation require pre-lease payments and entrance fees to be held in trust by a trustee?

3.      Should life lease legislation set out rules regarding when and how refunds of pre-lease payments and entrance fees are to be provided and how refund funds are to be managed?

4.      Should life lease legislation prescribe the uses to which funds paid to a life lease developer can be used?

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* 2. Disclosure Requirements

1.      What information should life lease developers/landlords be required to disclose to potential tenants?

2.      When should disclosure occur?

3.      What should be the consequences of not meeting the disclosure requirements?

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* 3. Rescission (Cooling-off) Periods

1.      Should life lease legislation provide for a rescission period? How long should the recession period be?

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* 4. Reserve Funds

1.      Should life lease legislation require landlords to maintain a reserve fund to pay for certain repairs to the life lease housing development?

2.      Should similar refund fund requirements as those found in condominium legislation be included in life lease legislation?

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* 5. Rent & Fee Increases

1.      Should life lease legislation include rules relating to rent increases?

2.      Should Part IV of The Residential Tenancies Act apply to proposed increases in monthly occupancy fees in life lease housing developments?

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* 6. Tenant Representation on Boards and Participation in Decision Making

1.      Should life lease legislation provide for tenant representation and attendance at board meetings?

2.      Should life lease legislation provide for tenant representation on the board?

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* 7. Reporting & Meeting Requirements

1.      Should life lease legislation include requirements for meetings between tenants and the board? What should those requirements be?

2.      Should life lease legislation include reporting requirements? What should those requirements be?

3.      Should tenants be given an ability to request audited financial statements?

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* 8. Termination of the Life Lease

1.      Should life lease legislation set out circumstances in which a life lease agreement may be terminated by either party?

2.      If so, in what circumstances should termination be possible?

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* 9. Assignment of the Life Lease

1.      Should life lease legislation create any rules regarding assignments of life leases? What should those rules be?

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* 10. Change in Ownership of Development

1.      Should life lease legislation define what happens to a life lease agreement upon a change of ownership?

2.      What should the rules be regarding refunds of entrance fee?

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* 11. Insurance Requirements

1.      Should landlords be required to maintain insurance policies for life lease housing developments?

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* 12. Dispute Resolution

1.      Should life lease legislation include a dispute resolution mechanism?

2.      Should life lease legislation require life leases to include a dispute resolution process?

3.      Should life lease disputes be referable to the Office of Residential Tenancies?

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* 13. Registration of Life Leases

1.      Should life lease legislation prohibit life lease developers/sponsors from preventing life lease holders from registering their interest on title?

2.      Should life lease legislation require life lease developers/sponsors to register life lease interests?

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* 14. Default of Sponsor/Landlord

1.      Should life lease legislation contain a provision regarding a potential default of the sponsor?

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* 15. Offences

1.      Should offences should be created in life lease legislation?

2.      What should constitute an offence under life lease legislation?

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* 16. Types of Sponsors

1.      Should life lease housing sponsors be required to be non-profit organizations?

2.      Should life lease housing legislation distinguish non-profit landlords from other landlords? If so, in what ways?

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* 17. Independent Legal Advice

1.      Should potential tenants be required to receive independent legal advice prior to entering into a life lease agreement?

2.      Should life lease developers be required to encourage prospective tenants to seek professional advice prior to purchasing a life lease?

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* 18. General

1.    Is there a need for life lease legislation in Saskatchewan?

2.    Are there any other matters that should be addressed in life lease legislation?

0 of 18 answered
 

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