Commercial Property Licence Agreement for Canada

Commercial Property Licence Agreement Template for Canada

A comprehensive legal document governed by Canadian law that establishes the terms and conditions under which a property owner (licensor) grants permission to another party (licensee) to use a commercial property for a specified purpose and duration. This agreement differs from a traditional lease by offering more flexibility and typically fewer rights to the occupant, while still maintaining clear guidelines for property use, fees, obligations, and termination conditions. The document incorporates relevant provincial property laws and federal regulations applicable to commercial property use in Canada.

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What is a Commercial Property Licence Agreement?

The Commercial Property Licence Agreement serves as a crucial legal instrument in the Canadian commercial real estate market, offering a more flexible alternative to traditional lease arrangements. This document is particularly valuable for businesses seeking temporary space, pop-up operations, or shared workspace arrangements. It outlines the rights granted by the property owner, usage limitations, fee structures, and operational requirements while ensuring compliance with relevant provincial and federal regulations. The agreement is designed to protect both parties' interests while maintaining the distinct nature of a licence versus a leasehold interest, making it especially suitable for short-term commercial arrangements or situations where exclusive possession is not intended.

What sections should be included in a Commercial Property Licence Agreement?

1. Parties: Identification and details of the licensor and licensee

2. Background: Context of the agreement and brief description of the property and intended use

3. Definitions: Definitions of key terms used throughout the agreement

4. Grant of Licence: Specific terms of the licence grant and permitted use of the property

5. Licence Period: Duration of the licence, including start and end dates, and any renewal options

6. Licence Fee: Amount, payment terms, and schedule of the licence fee

7. Security Deposit: Details of any required security deposit and terms for its return

8. Permitted Use: Specific description of how the licensee may use the property

9. Licensee's Obligations: Key responsibilities and obligations of the licensee

10. Licensor's Obligations: Key responsibilities and obligations of the licensor

11. Insurance and Liability: Insurance requirements and allocation of liability between parties

12. Maintenance and Repairs: Responsibilities for property maintenance and repairs

13. Utilities and Services: Arrangements for utilities and additional services

14. Access and Security: Terms regarding access to the property and security arrangements

15. Termination: Circumstances and process for terminating the licence

16. Governing Law: Specification of applicable law and jurisdiction

17. General Provisions: Standard boilerplate clauses including notices, entire agreement, and amendments

What sections are optional to include in a Commercial Property Licence Agreement?

1. Fit-Out Works: Include when the licensee needs to perform initial modifications to the property

2. Shared Facilities: Include when the property includes shared areas or facilities

3. Environmental Matters: Include when there are specific environmental considerations or requirements

4. Operating Hours: Include when there are restrictions on hours of operation

5. Sublicensing and Assignment: Include when transfer rights need to be addressed

6. Force Majeure: Include when specific provisions for unforeseen circumstances are needed

7. Option to Purchase: Include when the licensee is granted an option to purchase the property

8. Competitor Restrictions: Include when there are restrictions on competing businesses

9. Signage Rights: Include when specific provisions for external or internal signage are needed

10. Parking: Include when specific parking arrangements need to be detailed

What schedules should be included in a Commercial Property Licence Agreement?

1. Property Description: Detailed description and plans of the licensed property

2. Licence Fee Schedule: Detailed breakdown of licence fees and payment schedule

3. Services and Utilities: Detailed list of services provided and utility arrangements

4. Building Rules and Regulations: Specific rules and regulations governing the use of the property

5. Condition Report: Detailed report on the condition of the property at commencement

6. Fit-out Specifications: Technical specifications for any permitted modifications

7. Insurance Requirements: Detailed insurance requirements and minimum coverage levels

8. Operating Hours and Access Procedures: Detailed procedures for access and permitted operating hours

9. Maintenance Schedule: Detailed maintenance responsibilities and schedules

10. Emergency Procedures: Emergency protocols and contact information

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Canada

Publisher

Genie AI

Document Type

License Agreement

Sector

IP

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Real Estate

Retail

Hospitality

Professional Services

Healthcare

Technology

Financial Services

Entertainment

Education

Manufacturing

Logistics

Food and Beverage

Coworking Spaces

Pop-up Retail

Event Management

Relevant Teams

Legal

Real Estate

Operations

Facilities Management

Finance

Risk and Compliance

Business Development

Property Management

Asset Management

Administration

Relevant Roles

Property Manager

Real Estate Manager

Facilities Manager

Commercial Director

Legal Counsel

Business Development Manager

Operations Manager

Asset Manager

Chief Financial Officer

Risk Manager

Compliance Officer

Real Estate Agent

Property Administrator

Contract Manager

Space Planning Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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