You Want to Ban POT Smoking in Your Apartments? DO IT FAST!
BAN on POT SMOKING: Deadline looms for Quebec Landlords
If you are a property owner who has tenants, you only have until the 15th of January 2019 to modify current leases to ban pot smoking in your apartments. And you had best send the notice with a request for receipt (acknowledgement).
Lawyer Jamie Benizri, was interviewed by the CBC as to how this legislation will likely be applied:
As a tenant, you have “… 30 days to respond, and if you don’t, you’re deemed to accept the modification and you have to live in a smoke-free environment,” stated Benizri.
He said the landlord needs a proof of receipt, by signing with Canada Post for example, before the 30 day countdown can begin.
Tenants can technically only give medical reasons for contesting residential cannabis smoking restrictions, but Benizri said that since cannabis is now legal, recreational users are entitled to have their day in court.
“What we’re going to see is whether or not judges are going to accept the restriction for recreational use,” he said.
(to read the complete article: Deadline looming for landlords wanting to ban smoking cannabis on their properties)
There is no current jurisprudence on this issue, so it will be particularly interesting to see how this evolves once the first cases are tried.
Other issues that will surely crop up are the effects of secondary cannabis smoke on children who may be exposed to it.
In the case of a private residence, Quebec provincial law prohibits the cultivation of recreational pot, and the possession limit of 150 grams of dried cannabis or its equivalent applies regardless of the number of persons of full age who live there.
You cannot smoke cannabis wherever smoking is prohibited. This includes most common areas of condo buildings, unless a bylaw has been approved, then published by the condo’s Administration to allow smoking.
RESOURCES on Cannabis in Québec
- Régie du Logement du Québec (Quebec Rental Board) – standard rules and other info
- Québec Government Website – QC Government: Information, Legislation, Professionals, Consultations