Can a landlord charge a fee to consent to a commercial lease assignment?
In New Brunswick, PEI, Yukon, the Northwest Territories and Nunavut, no fine is deemed payable for consent unless the lease expressly says otherwise, though reasonable legal or other expense may be required. In Quebec, art. 1872 of the Civil Code says a lessor who consents to an assignment may not exact any payment other than reimbursement of reasonable expenses; the text read does not say if a lease can vary that.
The answer depends on the statute that governs the lease, and this page covers the statutes found that speak to a fee. Ontario’s s.23(1) of the Commercial Tenancies Act deems a covenant against assigning without consent, in a lease made after the 1st day of September, 1911, to be subject to a proviso that consent is not to be unreasonably withheld, unless the lease contains an express provision to the contrary. In Ontario, the section says nothing in these words about a fee.
New Brunswick and Prince Edward Island
In New Brunswick, s.11(1) of the Landlord and Tenant Act deems a covenant against assigning, subletting or parting with possession without licence or consent in a lease, unless the lease contains an express provision to the contrary, to be subject to a proviso that no fine is payable for the licence or consent, though a reasonable sum for legal or other expense may be required. In Prince Edward Island, s.12(1) of the Landlord and Tenant Act sets the same rule, again unless the lease contains an express provision to the contrary.
Yukon, the Northwest Territories and Nunavut
In Yukon, the Northwest Territories and Nunavut, s.11(1) of each territory’s statute deems an anti-assignment covenant in a lease, unless the lease contains an express provision to the contrary, to be subject to a proviso that no fine is payable for the consent, though a reasonable sum for legal or other expense may be required. These texts are unofficial consolidations, so confirm the current wording.
Quebec
In Quebec, art. 1872 of the Civil Code provides that a lessor who consents to a sublease or an assignment of the lease may not exact any payment other than reimbursement of reasonable expenses resulting from the sublease or assignment. In Quebec, the Code text read for this page does not say whether a commercial lease can vary art. 1872. Ask a Quebec lawyer whether your lease changes that.
For the wider process, see how landlord consent works in a business purchase.
Related reading
15 pages on the same subject, grouped by topic.
Buying
- Expert answerHow does landlord consent to a lease assignment work in a business purchase?
- Expert answerWhat happens to the commercial lease when I buy a business?
- Expert answerWhat if a landlord’s consent delay blows up my closing timeline?
- Expert answerDo I need a lawyer to buy a business?
- Expert answerHow do I find a bistro or fine-dining restaurant for sale in Canada?
Legal
- Expert answerCan a landlord require a new security deposit when a lease is assigned?
- Expert answerWhat’s the difference between assigning a lease and subletting it?
- Expert answerWhat is an anti-assignment clause, and why does it matter?
- Expert answerCan my landlord refuse to assign my lease when I sell?
- ChecklistLandlord consent checklist
- GuideAssigning a commercial lease when you sell or buy a business in Prince Edward Island
- GuideAssigning a commercial lease when you sell or buy a business in New Brunswick
Sources
This answer is checked against primary sources. Links were last confirmed on the dates shown.
- 01Government of OntarioGovernmentCommercial Tenancies Act, R.S.O. 1990, c. L.7
- 02Government of New Brunswick (Legislative Services)GovernmentLandlord and Tenant Act, Chapter L-1 (consolidated to June 16, 2023)
- 03Government of Prince Edward Island (Legislative Counsel Office)GovernmentLandlord and Tenant Act, R.S.P.E.I. 1988, Cap. L-4, current to August 1, 2023 (Internet Archive copy of the Prince Edward Island government’s official PDF, captured 2025-10-09)
- 04Government of Yukon (Legislative Counsel Office)GovernmentCommercial Landlord and Tenant Act, RSY 2002, c. 131 (unofficial consolidation; Internet Archive copy of the Government of Yukon’s PDF, captured 2025-10-07)
- 05Government of the Northwest Territories (Department of Justice)GovernmentCommercial Tenancies Act, R.S.N.W.T. 1988, c.C-10 (office consolidation)
- 06Government of Nunavut (Nunavut Legislation)GovernmentConsolidation of Commercial Tenancies Act, R.S.N.W.T. 1988, c.C-10 (Nunavut; current to March 14, 2014)
- 07Éditeur officiel du QuébecGovernmentCCQ-1991 - Civil Code of Québec
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