The Cannabis Act legalizes recreational cannabis use nationwide in Canada in combination with its companion legislation Bill C-46, An Act to Amend the Criminal Code.
It’s been one day since the passing of the Cannabis Act and already some property managers are implementing new rules and regulations to restrict the consumption and cultivation of cannabis on their properties. For example, an apartment complex in Ottawa just sent their tenants a letter which stipulated that “in the interest of promoting the safety and well-being of our residents, this property is transitioning to be free of smoke and cannabis cultivation.” Under the tenancy agreement, the owners are allowed to prohibit occupants and their guests from the smoking of tobacco, cigarettes, cannabis or the burning, smoking or vaping of any substance unless this is required to accommodate a person under the provisions of the Human Rights Code. This means that if a tenant has been prescribed cannabis for medical purposes, then they are still allowed to continue doing so.
Under the new rules, tenants are also not allowed to cultivate, produce, sell or distribute cannabis in the rented premises. Any breaches to these new rules will form sufficient grounds for the landlord to seek termination of the tenancy.
These new rules were put in place to reduce potential complaints from residents about the impact of second hand smoke and odor escaping into the hallways and common areas. In addition, it was stated that “there is an attempt to minimize the adverse health impact as well as environmental and physical hazards associated with mould growth, excessive electricity consumption, fire risks and security issues that can arise if it is known that cannabis growth is occurring at a specific location.”
So it you live in an apartment building or condo, check with the property management company for any new policies and rules governing the smoking, vaping and cultivation of cannabis.