Confused about all the ongoing changes to the Condo Act? Let’s add a wildcard to the equation: the legalization of marijuana and its potential ramifications in the condo world.
As you all know, the federal is proposing to legalize the possession, production and use of cannabis. We appear to still be aiming for July 1st of this year. In parallel, the provinces are adopting their own legislation to further regulate how and where the substance will be permitted. We know already that Québec is aiming to allow the consumption of recreational marijuana in homes but is intending on prohibiting the growing of cannabis in residential dwellings. CBC reports that landlords in Québec are also pushing for a full ban on smoking inside apartments.
What about Ontario? Where should Ontarians be allowed to consume or grow their pot? What about in condos or other multi-residential dwellings? We have blogged about this already.
If you have an opinion on the topic, you’re in luck! The province of Ontario is seeking your input on where to allow the consumption of marijuana. At this stage, the Attorney General is proposing to permit the use of recreational cannabis in the following public places subject to some conditions:
- Hotel, motel and inn rooms;
- Motor vehicles and boats used as private residences (but not while they are being operated or in motion);
- Private residences that are also workplaces (as the consumption of cannabis would otherwise be prohibited in a workplace).
You can read more about Ontario’s plan with respect to the legalization of cannabis.
What about in multi-residential dwellings?
To protect the health and well-being of all Ontarians (especially children, youth and vulnerable populations) and to minimize the risk of exposure to second-hand smoke and vapour, the province is proactively exploring potential post-legalization approaches. One of the options being considered could include permitting licensed and regulated cannabis consumption in lounges and venues and (and this is where it becomes interesting to us) permitting owners or operators of multi-unit dwellings to designate outdoor areas for the consumption of recreational cannabis.
While no specific proposal is made on that front yet, the province advises that it will use the present consultation to inform future policy development and consultations.
- Should Ontarians be allowed to smoke in their unit in multi-residential condos?
- What about on their balconies?
- Should it be treated the same as cigarettes?
- What about growing plants in units (presently, the federal will authorize the growing of up to 4 plants, up to a meter high. As indicated above, Québec will prohibit that)? Should multi-residential condos be treated differently?
Condos can regulate the consumption and growing of cannabis
We’re of the view that condos can regulate whether they will allow the consumption and/or growing of cannabis on their property. We have already received numerous requests to implement rules dealing with this. Corporations can be more restrictive (but not more permissive) than what the Fed or the province will implement (unless specifically legislated otherwise).
Whatever your views are, now is the time to think about it and to implement whatever rule your community views as appropriate.
The province’s consultation
The province is seeking your input on proposed places of use of cannabis. You have until March 5, 2018 to provide your comments. Follow this link for more information on the proposal and on how to provide your input.