Outdoor / Adventure Blog

Rent Relief for Eligible Outdoor Adventure Operators

The outdoor/adventure industry has been significantly impacted by the COVID-19 pandemic. Now, businesses such as fishing and hunting lodges, guest ranches, ecotourism lodges, seasonal campgrounds and other commercial recreation operators in British Columbia may be eligible for rent relief.

Specifically, those who hold Land Act tenures or Park Act permits may qualify to have the annual base rent they pay to the government waived for one year. Approximately $1.6 million has been allocated for rent forgiveness, benefitting an estimated 592 Land Act tenure holders and 443 Park Act Permit holders.

Who is eligible?

  • Rent forgiveness targets commercial recreational operators whose primary purpose is outdoor recreation activities, with ancillary uses related to transportation, accommodation or food and beverage.

What does the rent relief entail?

  • Eligible holders of commercial recreation tenures and park-use permits under the Land Act and Park Act will have one year of annual base rent owed to the provincial government waived for invoice due dates between May 1, 2020 and April 30, 2021.

What will commercial recreation operators receive?

  • Tenure holders and permit holders who are eligible for rent forgiveness will receive a notification letter.
  • Tenure holders and permit holders who pay Land Act or Park Act “client days” rent, with invoice dates between May 2020 and April 2021, will receive rent forgiveness for their base rent (e.g., $500 for a license of occupation), but not for client day rent (note: “client day” rent is typically $1 to $6 for each client participating in a guided adventure activity within a 24-hour period).
  • However, an interest-free payment plan agreement is available to tenure holders for at least six months to help address the financial impacts of the pandemic.

What does rent forgiveness not apply to?

  • Rent forgiveness does not apply to rent that is based on revenue sharing, such as client days for guiding (tenures under Part B of the Adventure Tourism Policy) or all-season/ski resorts (under the All-Season Resort Policy or the B.C. Parks Ski Resort Policy).

Lisa Beare, Minister of Tourism, Arts and Culture stated that B.C.’s tourism industry is one of the province’s biggest economic drivers and has been one of the most adversely impacted by the pandemic. This initiative is intended to provide financial relief to eligible tenure and permit holders to help them respond, recover and work towards resiliency following COVID-19. 

Note: This article is of a general nature only and is not exhaustive of all possible legal rights or remedies. In addition, laws may change over time and should be interpreted only in the context of particular circumstances such that these materials are not intended to be relied upon or taken as legal advice or opinion. Readers should consult a legal professional for specific advice in any particular situation.

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Rachel-Kowalenko

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Rachel Kowalenko

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Rachel has been with Quinlan Abrioux since January 2004. She began working as a legal secretary/legal administrative assistant in 1996 and obtained her paralegal certificate in 2007. She has been working as a paralegal since 2007 and has considerable experience in personal injury and insurance defence litigation.
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Jonathan Corbett

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Jonathan has practised in Vancouver since being called to the Bar in 1999 and joined Quinlan Abrioux in 2010. His practice has focused primarily on the defence of professionals in negligence actions. He also has significant experience acting for parties in personal injury claims.

Jonathan has conducted trials at the Provincial Court of British Columbia, the British Columbia Supreme Court and the Federal Court of Canada. He has appeared before the British Columbia Court of Appeal as co-counsel. He appears regularly in Supreme Court Chambers and has experience representing clients at mediations. Jonathan has presented regularly for the Professional Legal Training Course and for the Continuing Legal Education Society of BC. 

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Dennis Quinlan, K.C.

Lawyer

Called to the Bar: 1980
LL.B., University of British Columbia, 1979
B.Comm, University of British Columbia, 1975

Dennis was a founding member QA Law in 1998. Throughout his career, he has practised exclusively in the area of civil litigation, specializing in professional liability, personal injury, insurance and commercial matters. He has appeared at all levels of court in British Columbia including the Federal Court of Canada and Federal Court of Appeal and has acted as counsel in many complex mediations and arbitrations. Dennis has been a regular lecturer at continuing legal education courses involving a wide range of topics and is a past contributing author for the BC Motor Vehicle Accident Claims Practise Manual.

In 2013 Dennis was appointed Queens Counsel and in 2015 was the recipient of the Lee Samis Award from the Canadian Defence Lawyers.

Recently Dennis has decided to shift his focus to expanding his mediation and arbitration practise as mediator and arbitrator, having taken preparatory courses through Pepperdine University, Continuing Legal Education of BC and the Alternative Dispute Resolution Institute of Canada. The emphasis of his practise is insurance, personal injury and commercial disputes. Dennis is a member of the ADR Institute of BC civil roster of mediators.

Dennis remains at QA Law in the role of Associate Counsel. Outside of his working life, he can be found running slowly around the Stanley Park seawall, riding his bike out to Richmond, cross country skiing at Callaghan Valley and seeking the perfect golf swing at the driving range.