June 5, 2020
Eviction Protections Enacted By BC Provincial Government
Recall that the Canada Emergency Commercial Rent Assistance (CECRA) program is a program whereby the landlord reduces rent for their small business commercial tenant(s) by at least 75%. The program covers 50% of the rent in the form of a forgivable loan, the tenant pays 25% of the rent, and the landlord forgives 25% of the rent. It is up to the landlord to apply for the program, not the commercial tenant, with criteria for eligibility provided here.
On June 1 the BC Provincial Government issued a new order under the Emergency Program Act (EPA) to protect businesses with commercial lease agreements from eviction. Specifically, if a commercial tenant is eligible for the CECRA program, and the landlord has chosen not to apply for the program, the landlord is not be able to terminate the lease agreement due to unpaid rents through to the end of June, 2020.
More information can be found here.
British Columbia Minimum Wage Increase
June 1st also marked the next increase in the minimum wage for British Columbia, increasing the minimum wage from $13.85/hr to $14.60/hr; a difference of 75 cents. The next increase to $15.20/hr is set to take place on June 1, 2021.
If you are an employer, it is important to know that increases in minimum wage may also cause a subsequent increase in your CPP, EI and Employer Health Tax (EHT) expenses which, together, could have an impact on your profitability and cash flow. For some tips on profitability and cash flow, please refer to our previous bulletin.
Canada Emergency Business Account (CEBA) Eligibility Requirements
Since our last update, there have been changes to eligibility for the Canada Emergency Business Account (CEBA), which is the program providing interest free loans up to $40,000 to small businesses and not-for-profits, with the benefit of loan forgiveness of 25% for balances paid on or before December 31, 2022. The expanded eligibility came from a recognition that the initial criteria in place, which had a 2019 payroll threshold of $20,000 (already revised down from $40,000), was preventing those small businesses from accessing the financing that pay their employees through dividends rather than salary or wages, those that rely on subcontractors rather than employees, or sole proprietors that receive income directly from their business.
The expanded eligibility criteria for applicants with payroll lower than $20,000 is:
· The borrower has a Canada Revenue Agency business number, and has filed a 2018 or 2019 tax return.
· The borrower has eligible non-deferrable expenses between $40,000 and $1.5 million. Eligible non-deferrable expenses could include costs such as rent, property taxes, utilities and insurance. These expenses will be subject to audit.
More information on the CEBA can be found here.
As always, we remain available should you have any questions.
The information contained in this communication is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavor to provide accurate and timely information, there can be no guarantee that such information is accurate as of the date it is received or that it will continue to be accurate in the future. No one should act upon such information without appropriate professional advice after a thorough examination of the particular situation.
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