BILL NO. 244
(as introduced)
1st Session, 65th General Assembly
Nova Scotia
4 Charles III, 2026
Private Member's Public Bill
Supporting Small Business Act
Krista Gallagher
Halifax Chebucto
First Reading: March 12, 2026
Second Reading:
Third Reading:
An Act to Provide
Support for Small Businesses
Be it enacted by the Governor and Assembly as follows:
1 This Act may be cited as the Supporting Small Business Act.
"Commissioner" means the Small Business Commissioner appointed under Part II;
"large business" means a company that
(a) has gross annual revenue greater than the amount prescribed by the regulations; or
(b) has 250 or more employees, regardless of where those employees are located;
"Minister" means the Minister of Service Nova Scotia;
"small business" means a company that
(a) is registered with the Registry of Joint Stock Companies and is incorporated under the Companies Act;
(b) has a gross annual revenue of not more than $3,000,000 or such greater amount as may be prescribed by the regulations;
(c) has 50 or fewer employees regardless of where those employees are located; and
(d) operates independently and is not a subsidiary, franchisee or affiliate of a national or multinational corporation.
3 (1) The Governor in Council may make regulations
(a) prescribing the amount stated under clause (a) of the definition of "large business" in Section 2;
(b) increasing the amount stated under clause (b) of the definition of "small business" in Section 2 by the annual increase in the Consumer Price Index for the Province as published by Statistics Canada for the previous calendar year, no sooner than 12 months after the coming into force of this Act and not more than once in each calendar year.
(2) The exercise by the Governor in Council of the authority contained in subsection (1) is a regulation within the meaning of the Regulations Act.
4 This Act binds the Crown in right of the Province.
5 (1) It is an implied term in every commercial contract that debt created by the contract carries simple interest in accordance with this Part.
(2) Interest carried under the implied term in subsection (1) is payable in the same manner as interest carried under an express contract term.
(3) A term in any contract that purports to exclude the implied term in subsection (1) is void.
(4) The implied term under subsection (1) does not apply to contracts or classes of contracts prescribed by the regulations.
(5) The rate of interest due with respect to the implied term under subsection (1) is the amount prescribed by the regulations or, where no such amount is prescribed, the Bank of Canada's overnight rate plus eight per cent.
6 (1) A large business shall report to the Commissioner within three months of the end of each fiscal year for that fiscal year
(a) the average time within which the business made payments with respect to commercial obligations;
(b) the number of payments made within 30 days, between 31 to 60 days and over 60 days of becoming due; and
(c) the percentage of payments made after becoming due.
(2) The Commissioner may issue an administrative penalty in the amount prescribed by the regulations to a business referred to in subsection (1) if the percentage of payments referred to in clause (1)(c) exceeds the percentage prescribed by the regulations.
7 (1) The Governor in Council may make regulations
(a) excluding contracts or classes of contracts from the operation of this Part;
(b) prescribing the rate of interest for the purpose of subsection 5(5);
(c) prescribing the amount of administrative penalties for the purpose of subsection 6(2);
(d) prescribing a percentage of payments for the purpose of subsection 6(2);
(e) respecting administrative penalties issued under Section 6, including
(f) respecting or varying the application of this Part to specific industries, including prescribing rules for payments amongst contractors and subcontractors in the construction sector;
(g) defining or further defining any word or expression used in this Part;
(h) respecting any matter or thing the Governor in Council considers necessary or advisable to effectively carry out the intent and purpose of this Part.
(2) The exercise by the Governor in Council of the authority contained in subsection (1) is a regulation within the meaning of the Regulations Act.
8 In this Part, "public body" has the same meaning as in the Freedom of Information and Protection of Privacy Act.
9 The Governor in Council shall, on the recommendation of the Minister, appoint a Small Business Commissioner.
10 (1) Notwithstanding the Civil Service Act and the General Civil Service Regulations made under that Act, but subject to Section 55, the Commissioner shall appoint such individuals as employees of the Office of the Commissioner as the Commissioner considers necessary to perform the duties of the Commissioner in accordance with the regulations.
(2) All employees of the Office of the Commissioner are deemed to be employees within the meaning of the Civil Service Act and the Public Service Superannuation Act and are entitled to all the benefits and privileges provided to employees under those Acts.
11 The Commissioner is subject to the control and direction of the Minister in the exercise of the Commissioner's functions, except in relation to
(a) the investigation of complaints by small businesses;
(b) the provision of advice to the Minister;
(c) the resolution of a particular dispute involving a small business; and
(d) the contents of any report by the Commissioner.
12 (1) The Commissioner holds office for such term, not exceeding five years, as may be determined by the Governor in Council and may be reappointed for an additional term.
(2) A person is not eligible to be appointed for more than two terms of office as Commissioner.
13 Subject to Section 55, the Commissioner is entitled to be paid
(a) such remuneration as is determined by the Governor in Council; and
(b) reimbursement for reasonable expenses incurred in the exercise of the Commissioner's duties.
14 The Governor in Council may, on the recommendation of the Minister, remove the Commissioner from office for incompetence, incapacity or misbehaviour.
15 Where the office of Commissioner becomes vacant, a person is, subject to this Part, to be appointed to fill the vacancy.
16 (1) The Minister may appoint a person to act in the office of the Commissioner during the illness or absence of the Commissioner or during a vacancy in the office of the Commissioner.
(2) The person appointed under subsection (1), while so acting, has all the duties, powers and privileges of the Commissioner.
(3) The Minister may, at any time, remove a person from office as acting Commissioner.
(4) Subject to Section 55, an acting Commissioner is entitled to be paid such remuneration as the Minister may from time to time determine.
17 The objectives of the Commissioner are
(a) to deal with issues concerning the small business sector in a neutral and independent manner;
(b) to provide a central point of contact for small businesses to make complaints about their commercial dealings with other businesses and about their dealings with public bodies;
(c) to encourage public bodies and large businesses to enter into productive working relationships with small businesses;
(d) to facilitate the resolution of disputes involving small businesses through mediation and other appropriate forms of alternative dispute resolution;
(e) to facilitate and encourage the fair treatment of small businesses;
(f) to promote a fair operating environment in which small businesses can flourish; and
(g) to identify and support measures to reduce the administrative burden for small businesses.
18 (1) The Commissioner shall, for the purpose of the objectives referred to in Section 15,
(a) receive and deal with complaints made to the Commissioner by or on behalf of small businesses, individually or collectively, regarding their dealings with other businesses and public bodies;
(b) investigate complaints that are dealt with by the Commissioner or to refer any such complaint to such other person or body as the Commissioner considers appropriate;
(c) provide low-cost alternative dispute resolution services for small businesses;
(d) make representations or take any action on behalf of small businesses either at the Commissioner's own initiative or at the request of a small business;
(e) conduct investigations into the way in which small businesses are treated by other businesses or public bodies;
(f) facilitate the development by industry of codes of practice that deal with issues concerning the small business sector;
(g) advise the Minister, either on the Commissioner's own initiative or at the request of the Minister, on any matter affecting small businesses or that is relevant to the Commissioner's objectives or functions.
(2) Without limiting the generality of subsection (1), the Commissioner may do any other act or thing that is necessary or convenient for giving effect to the Commissioner's objectives.
(3) The Commissioner has such other functions as are conferred or imposed on the Commissioner by or under this or any other Act.
19 (1) The Commissioner may deal with a complaint made to the Commissioner by or on behalf of a small business if the Commissioner is satisfied that
(a) the subject-matter of the complaint relates to the unfair treatment of, or an unfair practice involving, the small business;
(b) the complaint relates to an unfair contract to which the small business is a party; or
(c) it is in the public interest to deal with the complaint.
(2) The Commissioner may decline to deal with a complaint if the Commissioner is of the opinion that the complaint is vexatious or trivial.
(3) The Commissioner may make preliminary inquiries for the purposes of deciding how to deal with a complaint and may request further information from the complainant.
(4) The Commissioner shall give notice to the complainant of the Commissioner's decision on whether to deal with the complaint and, where the Commissioner decides to deal with the complaint, how the complaint is to be dealt with.
20 (1) The Commissioner may, by notice in writing, require any person or public body to provide such information relating to the person's or agency's dealings with small businesses as the Commissioner reasonably requires for the purpose of any investigation by the Commissioner under this Part.
(2) Any such notice may specify the time within which the information is required to be provided.
(3) A requirement under this Section to provide information relating to a person's or agency's dealings with small businesses may include a requirement to answer questions relating to those dealings.
(4) A public body is not required to provide any information under this Section if there is an overriding public interest against the disclosure of the information.
(5) A person or public body is not required to provide any information under this Section if the information is protected by a legal privilege.
(6) Where information disclosed to the Commissioner under this Section contains personal information or commercially sensitive information, the Commissioner shall maintain the confidentiality of the information and securely destroy the information upon the conclusion of the investigation.
21 (1) Where an application is made to the Commissioner for assistance in resolving a dispute involving a small business and the Commissioner decides to deal with the dispute, the matter to which the complaint relates may not be the subject of any proceedings before any court unless and until the Commissioner has certified in writing that alternative dispute resolution services provided by the Commissioner under this Part have failed to resolve the dispute.
(2) The Commissioner shall certify that alternative dispute resolution services have failed to resolve a dispute involving a small business if the Commissioner is satisfied that any one or more of the parties involved in the dispute has refused to take part in, or has withdrawn from, alternative dispute resolution services provided by the Commissioner.
(3) This Section does not apply to or in respect of
(a) proceedings before a court for an order in the nature of an injunction;
(b) proceedings for an offence;
(c) proceedings in relation to a collective labour agreement or a dispute under a collective labour agreement; or
(4) This Section does not operate to affect the validity of any decision made by a court.
22 (1) For the purpose of mediating a dispute involving a small business, the Commissioner may, by notice in writing, require any person
(a) to attend a meeting at a time and place specified in the notice; or
(b) to produce, at a time and place specified in the notice, to the Commissioner any document or thing described in the notice that is in the custody or under the control of the person and that, in the opinion of the Commissioner, would benefit the resolution of the complaint or dispute.
(a) without reasonable excuse, refuse or fail to do anything required of the person by a notice under subsection (1);
(b) in response to a notice under subsection (1), make a statement that the person knows is false or misleading; or
(c) alter, suppress or destroy any document or thing that the person is required to produce by an order under subsection (1).
(3) A public body is not required to provide information under this Section if there is an overriding public interest against the disclosure of the information.
(4) A person or public body is not required to provide any information under this Section if the information is protected by a legal privilege.
(5) Where information disclosed to the Commissioner under this Section contains personal information or commercially sensitive information, the Commissioner shall maintain the confidentiality of the information and securely destroy the information upon the conclusion of the mediation.
23 (1) The Commissioner may certify in writing the outcome of any application made to the Commissioner for assistance in resolving a dispute involving a small business.
(2) A certificate made under subsection (1) is admissible as evidence in any civil proceedings of the outcome of the application.
(3) Any statement or admission made in connection with any alternative dispute resolution services provided by the Commissioner under this Part is not admissible in any legal proceedings.
(4) A reference in this Section
(a) to a dispute involving a small business does not include a tenancy dispute; and
(b) to the outcome of an application for assistance in resolving a dispute involving a small business is a reference to whether or not the application was resolved and to whether any agreement was reached by the parties.
24 The Commissioner may refer to the Minister any finding by the Commissioner that a person or body has persistently engaged in anti-competitive practices that are in contravention of any law and that adversely affect the small business sector.
25 (1) The Commissioner may enter into an information-sharing arrangement with a public body for the purpose of sharing or exchanging any information that is held by the Commissioner or the public body.
(2) The information to which an information-sharing agreement may relate is limited to information that assists in the exercise of the functions of the Commissioner or of the public body concerned.
(3) Under an information-sharing agreement, the Commissioner and the public body may
(a) request and receive information, including personal information, that is held by the other party to the agreement; and
(b) disclose that information to the other party.
(a) shall attempt to resolve disputes informally, where possible;
(b) shall act according to the substantial merits of the case without undue regard to technicalities; and
(c) may determine the procedures to be followed in exercising the Commissioner's functions under this Part, including the procedures to be followed in any investigation conducted by the Commissioner.
27 For the purpose of the exercise of any of the Commissioner's functions, the Commissioner may engage the services of any person for the purpose of getting expert assistance.
28 The Commissioner may delegate the exercise of any function of the Commissioner to
(a) any member of staff of the Commissioner; or
(b) any person, or any class of persons prescribed by the regulations.
29 (1) The Commissioner shall issue an annual report on the exercise of the functions of the Commissioner under this Act and shall submit the report to the Speaker of the House of Assembly for tabling in the Assembly if the Assembly is sitting or, where the Assembly is not then sitting, file the report with the Clerk of the Assembly.
(2) The annual report of the Commissioner must include the information prescribed by the regulations.
30 (1) The Commissioner may, at any time, issue a special report on any matter relating to the functions of the Commissioner and shall submit the report to the Speaker of the House of Assembly for tabling in the Assembly if the Assembly is sitting or, where the Assembly is not then sitting, file the report with the Clerk of the Assembly.
(2) A report under this Section may include recommendations in relation to such matters as the Commissioner considers relevant to the small business sector.
(a) provide the Minister with a draft of each report that is to be issued under Section 29 or 30; and
(b) give the Minister a reasonable opportunity to make submissions, either orally or in writing, in relation to the draft report.
(2) The Commissioner shall not issue a report under Section 29 or 30 that contains any matter that is, either expressly or impliedly, critical of a government agency or any person unless the Commissioner has given the agency or person concerned the opportunity to make submissions, either orally or in writing, in relation to the matter.
(3) The Commissioner is not required to amend a report in light of any submissions made by the Minister, a government agency or other person, but shall, before finalizing a report, consider any such submissions before the report is issued.
(4) Where a report contains matter that is critical of a government agency or person and the agency or person concerned has made objections in relation to that matter, the report must indicate that any such objection has been made.
32 A report issued under Section 29 or 30 has the same privileges and immunities as a statement made in the House of Assembly.
33 (1) The Supreme Court of Nova Scotia may, on application by the Commissioner, grant an injunction, on such terms as the Court determines to be appropriate, if satisfied that a person has engaged, or is proposing to engage, in conduct constituting interference with an investigation conducted by the Commissioner.
(2) An injunction may be granted under this Section as an interim injunction or as a permanent injunction.
34 No action lies against the Commissioner or against a person holding any office or appointment under the Commissioner for anything done, or omitted to be done, in the exercise or intended exercise of a power, duty or function under this Act, unless it is shown that the Commissioner or person, as the case may be, acted in bad faith.
35 (1) The Governor in Council may make regulations
(a) prescribing additional powers and duties of the Commissioner;
(b) respecting the provision of information to the Commissioner;
(c) respecting the delegation of the Commissioner's powers, including prescribing persons or classes of persons to whom the Commissioner may delegate the exercise of a function of the Commissioner;
(d) prescribing information that must be contained in the annual report of the Commissioner;
(e) defining or further defining any word or expression used in this Part;
(f) respecting any matter or thing the Governor in Council considers necessary or advisable to effectively carry out the intent and purpose of this Part.
(2) The exercise by the Governor in Council of the authority contained in subsection (1) is a regulation within the meaning of the Regulations Act.
"charitable organization" means an organization that
(a) is registered with the Registry of Joint Stock Companies and is incorporated under the Companies Act or the Societies Act;
(b) is registered as a charity under the Income Tax Act (Canada); and
(c) employs fewer than 50 full-time equivalent employees;
"commercial lease" means a lease agreement between a landlord and an eligible commercial tenant under which the eligible commercial tenant may rent a non-residential property for commercial or charitable purposes;
"Director" means the Director of Residential Tenancies designated under the Residential Tenancies Act;
"eligible commercial tenant" means a charitable organization or a small business that holds a tenant certificate;
"rent" means the total consideration that an eligible commercial tenant is required to pay under a commercial lease, and includes base rent, common area maintenance fees, operating expenses and all other additional charges that are payable by the eligible commercial tenant to the landlord in exchange for the use of the property and the services, facilities and utilities provided by the landlord under the lease;
"tenant certificate" means a valid and subsisting tenant certificate issued under this Part.
(2) Except as otherwise provided in subsection (1), words and expressions used in this Part have the same meaning as in the Residential Tenancies Act.
37 (1) A charitable organization or small business may apply to the Minister for a tenant certificate in accordance with the regulations.
(2) An application under subsection (1) must include
(a) a copy of the applicant's most recent notice of assessment or reassessment issued by the Canada Revenue Agency for the taxation year;
(b) a copy of the applicant's certificate of incorporation under the Societies Act or the Companies Act;
(c) in the case of a small business, an affidavit or declaration from the shareholders stating that they hold beneficial ownership of the small business;
(d) where the charitable organization or small business is a party to a lease respecting commercial property, the lease agreement; and
(e) any other information or documents prescribed by the regulations to verify the status of the charitable organization or small business.
(3) Upon receiving an application under subsection (1), the Minister may issue the applicant a tenant certificate declaring the holder to be an eligible commercial tenant.
(4) A tenant certificate is valid for one year from the date of its issue and may be renewed in accordance with the regulations.
38 (1) The following persons may not apply for a tenant certificate under Section 37:
(a) a company that is listed on a stock exchange;
(b) a chain or franchisee business; or
(c) a tenant who is an affiliate of the landlord, sharing common corporate control.
(2) A person who circumvents or attempts to circumvent this Section through artificial restructuring, nominee ownership or shell entities is guilty of an offence and liable on summary conviction to
(a) in the case of an individual, a fine not exceeding $50,000; or
(b) in the case of a corporation, a fine not exceeding the greater of $500,000 or two per cent of the corporation's annual revenue from the preceding fiscal year.
39 (1) An eligible commercial tenant may designate, in writing, an authorized representative to act on the tenant's behalf in dealing with the landlord under this Part and the commercial lease.
(2) Where a designation has been made under subsection (1), the eligible commercial tenant shall give notice of such designation, in writing, to the landlord.
(3) Upon receiving written notice of the designation, the landlord shall recognize the authorized representative for all purposes of communication, negotiation and service of documents under this Part and the lease as if such communication, negotiation or service was with the eligible commercial tenant.
(4) Nothing in this Section requires the landlord to pay any fee, commission or remuneration to an authorized representative unless the landlord has expressly agreed in writing to do so.
(5) An eligible commercial tenant may revoke or replace the authorized representative at any time by providing written notice to the landlord.
40 (1) A commercial lease must
(b) be for a term of not less than 12 months, unless the eligible commercial tenant waives this in writing;
(c) state that any rent increase applicable to an existing eligible commercial tenant cannot
- (i) occur during the first 12-month period following the commencement of the lease,
(ii) occur more than once in a 12-month period, or
(iii) exceed the annual change in the Consumer Price Index for the Province published by Statistics Canada;
(d) state that the rent control measures under clause (c) apply only to an existing eligible commercial tenant and do not apply where the lease is transferred to a new tenant; and
(e) contain an itemized list of all categories of common-area maintenance fees and other operating charges payable by the eligible commercial tenant.
(2) Notwithstanding any lease, agreement, waiver, declaration or other statement to the contrary, where the relationship of landlord and eligible commercial tenant exists, the landlord shall maintain the premises in a condition suitable for the agreed business or charitable activity of the eligible commercial tenant.
(3) In addition to the conditions provided in this Part, a landlord and an eligible commercial tenant may provide in a commercial lease for other benefits and obligations that do not conflict with this Part.
41 Where a charitable organization or small business obtains a tenant certificate at any time during the term of an existing lease agreement respecting commercial property, upon the expiry of the lease term
(a) the lease is deemed to be a commercial lease containing the terms and conditions set out under Section 40; and
(b) the rights and obligations of landlords and eligible commercial tenants under this Part apply to the parties under the agreement.
42 After the first 12 months of a tenancy under a commercial lease and every year thereafter, the landlord shall provide an eligible commercial tenant with a written statement setting out
(a) an itemized list of all categories of common-area maintenance fees charged to the eligible commercial tenant in the previous year and other operating charges; and
(b) any increases in any of the categories of expense or other operating charges that may be charged to the eligible commercial tenant in the next year.
43 (1) Where a service, facility or amenity that is included in a commercial lease or was otherwise provided by the landlord to the eligible commercial tenant at the commencement of the tenancy is withdrawn or substantially reduced, the withdrawal or reduction is deemed to be an increase in rent.
(2) An eligible commercial tenant may apply to the Director for a determination of whether a withdrawal or reduction of services, facilities or amenities has occurred and for an order reducing the rent payable under the commercial lease accordingly.
44 (1) Where an eligible commercial tenant continues to occupy the premises after the term of the commercial lease has expired and the landlord has not provided a notice of non-renewal at least 60 days before the expiration date of the lease, the lease is deemed to be continued on a month-to-month basis under the same terms and conditions, including rent.
(2) Where a month-to-month lease exists under subsection (1), the landlord may increase the rent payable by the eligible commercial tenant only if
(a) at least 12 months have passed since the last rent increase; and
(b) the landlord provides the eligible commercial tenant with written notice at least 60 days in advance of the increase.
(3) A landlord shall not increase the rent payable by an eligible commercial tenant under this Section by more than the annual change in the Consumer Price Index for the Province published by Statistics Canada.
(4) Where a month-to-month lease exists pursuant to subsection (1), the landlord or the eligible commercial tenant may terminate the lease by providing the other party with a notice to quit the premises at least 60 days in advance.
"eligible costs" includes property tax expenses and utility expenses, such as water or energy, but do not include
(a) property management salaries and administration costs;
(b) marketing and advertising costs; or
(c) fines, penalties or costs arising from the landlord's negligence or regulatory non-compliance;
"eligible expenditures" means expenditures that
(a) substantially preserve or extend the life of the property;
(b) substantially improve the health, safety, accessibility or energy efficiency of the premises; or
(c) provide new facilities or services for the benefit of the eligible commercial tenant.
(2) Notwithstanding subclause 40(1)(c)(iii) and subsection 44(3), a landlord may apply to the Director for approval to increase the rent payable by an eligible commercial tenant by more than the annual change in the Consumer Price Index for the Province if the landlord can show that the landlord incurred eligible expenditures or an increase in eligible costs.
(3) An application under this Section must include
(a) detailed descriptions of the work performed or utilities paid to incur the eligible expenditure or increase in eligible costs;
(b) proof of the eligible expenditure or increase in eligible costs, such as a contract or an invoice; and
(c) a calculation of the proposed rent increase attributable to the eligible expenditure or increase in eligible cost, including an amortization schedule.
(4) The Director may approve, partially approve or deny an application made under this Section after considering
(a) whether the expenditure or increase in costs is eligible;
(b) whether the requested rent increase is fair and reasonable; and
(c) the interests of tenants in fair and predictable rent.
46 Any rent collected by a landlord from an eligible commercial tenant that exceeds the amount of rent allowed under this Part is a debt due to the eligible commercial tenant or former eligible commercial tenant who paid the rent.
47 Two or more eligible commercial tenants may make an application to the Director jointly, in accordance with the regulations, if the application is in respect of the same landlord and commercial premises that are in the same building.
48 (1) A landlord may not terminate or refuse to renew a fixed-term commercial lease solely on the grounds that the term of the lease has expired.
(2) Upon the expiry of a fixed-term commercial lease, the eligible commercial tenant is entitled to
(a) a renewal of the lease under the same terms and conditions; or
(b) a continuation of the tenancy on a month-to-month basis in accordance with Section 44,
as determined by the eligible commercial tenant.
(3) Subsection (2) does not apply where the landlord can demonstrate valid grounds for not renewing or continuing the lease, including
(a) a substantial breach by the tenant of the lease terms and conditions;
(b) a bona fide intention of the landlord to occupy or repurpose the premises for the landlord's own commercial use;
(c) major renovations that require vacant possession; and
(d) demolition or sale of the premises.
(4) Where a landlord claims that the circumstances set out in clause (3)(b) or (c) apply, the landlord shall file with the Director notice and any supporting documentation required by the Director to prove that such circumstances exist.
(5) A landlord who attempts to circumvent this Section through consecutive non-renewable fixed-term commercial leases or the deliberate non-renewal of a commercial lease without cause is guilty of an offence and liable on summary conviction to
(a) in the case of an individual, a fine not exceeding $50,000; and
(b) in the case of a corporation, a fine not exceeding the greater of $500,000 or two per cent of the corporation's annual revenue from the preceding fiscal year.
49 (1) A landlord may not terminate a commercial lease, or evict an eligible commercial tenant, except for
(a) a substantial breach by the tenant of the lease terms and conditions;
(b) unpaid rent exceeding 60 days in arrears;
(c) a bona fide intention of the landlord to occupy or repurpose the premises for the landlord's own commercial use;
(d) major renovations that require vacant possession; or
(e) demolition or sale of the premises.
(2) A landlord may only terminate a commercial lease under clause (1)(b) after
(a) providing written notice to the tenant that rent is in arrears; and
(b) following the provision of such notice, providing the tenant with a reasonable opportunity to pay the rent that is in arrears and any applicable legal fees.
(3) Where a landlord claims that the circumstances set out in clause (1)(c) or (d) apply, the landlord shall file with the Director notice and any supporting documentation required by the Director to prove that such circumstances exist.
50 Upon the expiry or termination of a lease, the eligible commercial tenant shall surrender the premises in the same condition in which the premises were received, subject only to
(a) normal wear and tear resulting from reasonable use of the premises; and
(b) any damage or deterioration caused by force majeure or events beyond the tenant's control.
51 (1) No landlord, property manager or commercial property owner shall refuse to rent, lease, renew a lease or otherwise make available a commercial premises to a prospective tenant solely because that tenant is an eligible commercial tenant.
(2) Any refusal to rent a commercial premises to an eligible commercial tenant must be communicated to the prospective tenant in writing, stating the reasons for the refusal.
(3) A prospective tenant who believes they have been denied a tenancy in contravention of this Section may file a complaint with the Director, who shall investigate the refusal.
(4) Where, after an investigation, the Director concludes that a prospective tenant was denied a tenancy in contravention of this Section, the Director may impose remedies, including ordering the landlord to offer the prospective tenant a tenancy respecting the commercial property, imposing administrative penalties on the landlord as prescribed by the regulations, or ordering the landlord to compensate the prospective tenant.
52 (1) The Director has the same powers and duties conferred or imposed on the Director under the Residential Tenancies Act with respect to residential tenancies and residential property as with commercial lease agreements or commercial property involving an eligible commercial tenant.
(2) Subject to the regulations, Sections 13 to 17F of the Residential Tenancies Act apply with necessary changes to commercial leases.
53 (1) Any person who violates or fails to comply with any order, direction or other requirement of the Director or the Small Claims Court or contravenes this Part, or any landlord who takes action against an eligible commercial tenant because of any resort by that tenant to any governmental authority in respect of the commercial premises or because an eligible commercial tenant attempts to enforce or secure the tenant's rights under this Part, is guilty of an offence and liable on summary conviction to
(a) in the case of an individual, a fine not exceeding $50,000; or
(b) in the case of a corporation, a fine not exceeding the greater of $500,000 or two per cent of the corporation's annual revenue from the preceding fiscal year.
(2) In the case of a contravention of this Part involving an existing commercial lease, a fine imposed under subsection (1), 38(2) or 48(5), may not be less than the equivalent of one year of rent for the commercial premises.
54 (1) The Governor in Council may make regulations
(a) respecting the application process for a tenant certificate, including the procedures the Minister must follow to verify the status of a charitable organization or a small business;
(b) prescribing information or documents that may be required for the purpose of clause 37(2)(e);
(c) respecting the renewal process and renewal term of a tenant certificate;
(d) prescribing administrative penalties that may be imposed under subsection 51(4);
(e) respecting the application of Sections 13 to 17F of the Residential Tenancies Act to commercial leases;
(f) prescribing a standard form of lease which may be used by landlords and eligible commercial tenants;
(g) defining any word or expression used and not defined in this Part;
(h) respecting any matter which the Governor in Council considers necessary or advisable to carry out effectively the intent and purpose of this Part.
(2) The exercise by the Governor in Council of the authority set out in subsection (1) is a regulation within the meaning of the Regulations Act.
55 The money required for the purpose of this Act must be paid out of money appropriated for that purpose by the Legislature.
56 This Act has effect on and after January 1, 2027.
This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2026 Crown in right of Nova Scotia. Created March 12, 2026. Send comments to legc.office@novascotia.ca.
