{"id":2501,"date":"2018-10-12T14:51:07","date_gmt":"2018-10-12T18:51:07","guid":{"rendered":"https:\/\/www.gascon.ca\/?p=2501"},"modified":"2018-10-12T14:53:34","modified_gmt":"2018-10-12T18:53:34","slug":"cannabis-and-the-residential-lease","status":"publish","type":"post","link":"https:\/\/gasc.sltm.ca\/en\/2018\/10\/12\/cannabis-and-the-residential-lease\/","title":{"rendered":"Cannabis and the residential lease"},"content":{"rendered":"

Cannabis consumption and its cultivation become legal as of October 17, 2018, under the terms set out in the An Act to constitute the Soci\u00e9t\u00e9 qu\u00e9becoise du cannabis, to enact the <\/em>Cannabis Regulation Act and to amend various highway safety-related provisions<\/em>, L.Q. 2018 Chapter 19 [1]<\/a> (\u201cQu<\/strong>\u00e9bec<\/strong> Law<\/strong>\u201d). As for the Cannabis Act<\/em> Chapter 16 [2]<\/a> (Federal Law<\/strong>\u201d), it creates a legal framework for the control, production, distribution, sale and possession of cannabis throughout Canada.<\/p>\n

What the entry into force of both the Federal and Qu\u00e9bec laws means to the residential lease:<\/p>\n

 <\/p>\n

The use of cannabis<\/u><\/p>\n

Smoking bans on cannabis are similar to those on tobacco.<\/p>\n

According to the Federal Law, the legal age of consumption of cannabis is 18 years and older, however provinces will be able to raise the legal age of cannabis consumption.<\/p>\n

The current medical cannabis program is maintained.<\/p>\n

The restrictions to smoking cannabis, which include smoking pipes, bongs, e-cigarettes or any other devices of the same nature in enclosed places (Article 12 of the Qu\u00e9bec Law) apply to the residential lease.<\/p>\n

These are the main restrictions:<\/p>\n

    \n
  1. The common areas of apartment buildings comprising of two or more dwellings: the landlord can make a smoking room available to the building\u2019s tenants.<\/li>\n
  2. The common areas of private residences for the elderly (within the meaning of the second paragraph of section 360 of the Act Respecting Health Services and Social Services)<\/em>: a smoking room may also be made available to the tenants.<\/li>\n
  3. Only persons who live or are staying in the building may use the smoking room (Article 13 of the Qu\u00e9bec Law).<\/li>\n
  4. Possession of dried cannabis is limited to 150 grams per residence, where one or more adult persons live (Article 7(2) of the Qu\u00e9bec Law).<\/li>\n
  5. The lease may contain a clause that prohibits the tenant from smoking tobacco or cannabis in its dwelling.<\/li>\n
  6. In the absence of such a clause in a residential lease, the landlord may exceptionally include this clause in the current lease,<\/u> under the following conditions:\n