Thursday, February 21, 2019

Can Landlords Ban Smoking Marijuana in Rentals?

As of October 2018, marijuana has become legal in Canada. That means that everyone can now possess, sell, and consume the product freely, as you do with any other product.
However, there are some smaller stipulations, amendments, and whatnot, and what’s more – there are differences from province to province.

With that in mind, we’re here to talk about the rules on smoking marijuana in rented apartments so you’ll know how it works in each province and if the landlord can forbid you from using it.

The Most Important Rules


First of all, it’s worth noting that some rules do exist and can limit your interaction with marijuana.

        The minimum age for smoking is 18, while in some provinces it’s 21.
        Marijuana can be smoked throughout Canada, but some provinces ban smoking in public places, but not in private apartments and homes.
        In all provinces (except for Quebec and Manitoba) you can grow up to four plants.

Smoking in Rented Spaces


In general, the rule is that you can smoke cannabis in private residences. But when it comes to rentals, if your agreement forbids smoking indoors, then that most likely applies to marijuana as well.

In most provinces, the law allows the landlords to ban smoking, and many have opted to do so because the smell of the smoke lingers and this makes them do extensive cleaning and renovations before the next tenant moves in.

The Rules in Each Province of Canada


        Ontario
The landlord can only ban smoking of marijuana if it affects the neighbours.
        Quebec
Growing is prohibited altogether, and most landlords had the option to make changes to their agreements to ban smoking.
        British Columbia
Smoking is allowed, as long as the landlord hasn’t banned it in the agreement. However, this ban can only be imposed on new tenants in new contracts. Landlords cannot make old tenants accept changes to their agreements. Furthermore, plants can be grown but mustn’t be visible from public spaces. 
        Alberta
Alberta has a law that allows landlords to set rules for what is and what isn’t allowed in their properties, and these rules can include smoking of any kind. You need to check your agreement as many landlords have already changed them before the cannabis law took effect.
        Prince Edward Island
Landlords can prohibit smoking and growing in their property. Smoking of marijuana is also banned in public spaces.
        New Brunswick
Landlords are free to impose bans on smoking and cultivating. It stems from the fact that the term ‘no smoking’ is all-encompassing in this province.
        Nova Scotia
The law gives the right to landlords to amend the agreement to forbid smoking and cultivating marijuana.
        Manitoba
We already mentioned that growing marijuana is illegal, but smoking in public places is as well. Landlords also have the right to ban smoking in their properties, which includes marijuana as well.
        Newfoundland and Labrador
Landlords are free to make restrictions on smoking marijuana in common areas, on porches and balconies.
        Saskatchewan
Landlords can change their policy on smoking and cultivation in their properties. It’s estimated that most of them have already done so. Furthermore, smoking is banned in public spaces as well.

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