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Some tenants in Canada may be prohibited from smoking in their homes

Some tenants in Canada may be prohibited from smoking in their homes

Latoya Jackman
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With recreational marijuana becoming legal on Oct. 17; Can landlords restrict tenants from using the green herb on their property?

Ted Wright, a rental board consultant, has been warning those who rent about marijuana consumption as it could lead to them being evicted.

Every province will have their own stipulations.

For instance, British Columbia’s laws prohibit marijuana use under existing leases.

The B.C government has stated the restrictions.

“For new leases, the existing provisions of each Act that allow landlords and tenants to negotiate the terms of leases will apply.”

In addition,

“Cannabis smoking is prohibited under existing leases that prohibit smoking tobacco and to prohibit the personal cultivation of cannabis under existing leases, except for federally authorized medical cannabis.”

Meanwhile, the government has given landlords in Nova Scotia the right to amend their leases. However, they only have four months after Oct. 17 to provide the tenant with the new amendments in writing.

In addition, the tenant has the right to end the contract.

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In Quebec law, which is known to have to toughest marijuana laws, has a 90 days amendment period only on recreational marijuana.

Alberta law also restricts the growing of cannabis in the home.

“Renters, condo-dwellers and those who live in multi-family dwellings may be restricted from growing cannabis in their homes based on rules established in rental agreements or condominium bylaws.”

Saskatchewan prohibits possession, consumption, and sale of marijuana. Ontario has had no amendments to its law, but the government says whether renters can smoke in their homes “depends on your building’s rules or your lease agreement.”

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