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Life Lease Legislation Consultation
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.