111Certified exclusionary clauses

111 Certified exclusionary clauses (1) Section 108 may be excluded in relation to a lease by a certified exclusionary clause. (2) A certified exclusionary clause is a provision of a lease in relation to which a certificate signed by an independent lawyer is endorsed on the lease to the effect that— (a) before the lease was signed and at the tenant’s request, the lawyer explained the effect of the provision and how section 108 would apply in relation to the lease if the lease did not include the provision; and (b) the tenant told the lawyer that the tenant was not acting under coercion or undue influence in asking for or agreeing to the inclusion of the provision in the lease. (3) For this section, an independent lawyer is a lawyer who is not acting for the lessor.