Considering the Cannabis Act

Transcription

1 31/05/2018 Considering the Cannabis Act Seeing through the smoke and mirrors PRESENTATION BY: C. Grant Haddock Haddock & Company Lawyers CHF Canada Workshop 1 2 CHF Canada Workshop 1

2 31/05/2018 TODAY S PRESENTATION PART 1: Different Properties Different Problems PART 2: Legislative Overview PART 3: Prevention PART 4: Remedies PART 5: Human Rights & Accommodation Q&A s 3 Part 1: Introductions 4 CHF Canada Workshop 2

3 31/05/2018 Introductions Grant Haddock Who are your members? What kind of housing do you operate? Family Townhouse Apartment style 5 Introductions Your Experience Some of you may have already struggled with balancing member needs because of access to medical marijuana. At the end of the presentation, we ll invite you to share your best practices, lessons learned and top tips. 6 CHF Canada Workshop 3

4 31/05/2018 Part 2: Legislative Overview 7 Legislative Overview Current legislation: Controlled Drugs and Substances Act Exception: Access to Cannabis for Medical Purposes Regulations Proposed legislation: Cannabis Act (Bill C-45) Possession Sharing Purchasing Growing Plants Making Products 8 CHF Canada Workshop 4

5 31/05/2018 Legislative Overview The proposed effective date of July 1, 2018 was scrapped on February 15, There is no current reliable information on a future effective date. Stated Objectives: The Government of Canada Website sets out the following objects under the Cannabis Act: Restrict youth access to cannabis Protect young people from promotion or enticements to use cannabis Deter and reduce criminal activity by imposing serious criminal penalties for those breaking the law, especially those who import, export or provide cannabis to youth 9 Legislative Overview Protect public health through strict product safety and quality requirements Reduce the burden on the criminal justice system Provide for the legal production of cannabis to reduce illegal activities Allow adults to possess and access regulated, quality controlled legal cannabis Enhance public awareness for the health risks associated with cannabis The current program for accessing cannabis for medical purposes would continue under the new Act. 10 CHF Canada Workshop 5

6 31/05/2018 Legislative Overview Controlled Access: Should the Cannabis Act come into force, adults who are 18 years or older would be able to legally: possess up to 30 grams of legal dried cannabis or equivalent in a non-dried form; share up to 30 grams of legal cannabis with other adults; purchase dried or fresh cannabis and cannabis oil from a provincially-licensed retailer 11 Legislative Overview In those provinces that have not yet or choose not to put in place a regulated retail framework, individuals would be able to purchase cannabis online from a federally-licensed producer. grow up to 4 cannabis plants per residence for personal use from licensed seed or seeings; make cannabis products, such as food and drinks, at home provided that organic solvents are not used. 12 CHF Canada Workshop 6

7 31/05/2018 Legislative Overview The British Columbia Legislation Two Acts are proposed to regulate cannabis in B.C. Cannabis Distribution Act (CDA) BC has decided that the Liquor Distribution Branch will be the wholesale distributors of non-medical cannabis in B.C. and will run provincial cannabis retail stores. 13 Legislative Overview Cannabis Control and Licensing Act (CCLA) The proposed Act will: Set 19 as the provincial minimum age to purchase, sell or consume cannabis; Allow adults to possess up to 30 grams of cannabis in a public place; Prohibit cannabis smoking and vaping anywhere tobacco smoking and vaping are prohibited, as well as at playgrounds, sports fields, skate parks, and other places where children commonly gather; 14 CHF Canada Workshop 7

8 31/05/2018 Legislative Overview Prohibit the use of cannabis on school properties and in vehicles; Authorize adults to grow up to four cannabis plants per household, but the plants must not be visible from public spaces off the property, and home cultivation will be banned in homes used as day-cares; Establish a cannabis retail licensing regime similar to the current licensing regime for liquor; Provide enforcement authority to deal with illegal sales; 15 Legislative Overview Create a number of provincial cannabis offences which may result in a fine ranging from $2,000 to $100,000, imprisonment of 3 to 12 months, or both; and Where necessary to comply with Charter Rights and human rights law, exemptions will be provided to individuals who are federally authorized to purchase, possess and consume medical cannabis. 16 CHF Canada Workshop 8

9 31/05/2018 Legislative Overview The CCLA also includes consequential amendments to various statutes, including: Residential Tenancy Act and Manufactured Home Park Tenancy Act to prohibit cannabis smoking under existing leases that prohibit smoking tobacco and to prohibit the personal cultivation of cannabis under existing leases, except for federally authorized medical cannabis. For new leases, the existing provisions of each Act that allow landlords and tenants to negotiate the terms of leases will apply. No help for housing co-operatives Not really necessary as residential tenancy agreements are inflexible compared to housing co-op occupancy agreements or policies, at least in BC. 17 New Challenges for Co-operatives These are the points to consider: Legislation would allow adults to legally possess and consume regulated quantities of marijuana It would also allow them to grow up to four plants per household (In the most recent recent revision to the Bill a maximum height of one metre was scrapped). 18 CHF Canada Workshop 9

10 31/05/2018 New Challenges for Co-operatives o o It is reasonable to expect an increase in complaints and frictions between neighbours. The smell of cannabis smoke can be quite potent and can be more disruptive than that of cigarettes. 19 Industry Reaction The Canadian Federation of Apartment Owners Association has raised concerns about the production of marijuana in multiple-dwelling complexes such as condominiums and co-operatives. Some of the concerns include: Damage to units and common property, including damage by moisture from marijuana plants, which can create mould and spores in walls, ceilings and floors and which can damage window seals; A disproportionate use of utilities such as electricity and water (if not submetered) which are required in great quantities to grow marijuana plants. 20 CHF Canada Workshop 10

11 31/05/2018 Industry Reaction Increased fire hazards due to people drying marijuana in a household stove and sometimes patchy electrical modifications; Odours from plants getting into other people s units. 21 Industry Reaction Fraser Valley Real Estate Board The Fraser Valley Real Estate Board has developed a unique approach found on their website, Safe Grow Homes. Mission Statement Realtors working to ensure grow homes are safe & healthy. Recommendations: With the legalization of cannabis on the horizon, Fraser Valley Realtors want the government to provide more support, guidelines and information for 22 CHF Canada Workshop 11

12 31/05/2018 Industry Reaction homeowners who want to grow cannabis safely and for buyers who may want to purchase a former grow home. To protect consumers and their current or future home from any issues that can arise when growing in a residence, we urge the government to carry out these three recommendations Define Requirements Identify Illegal Growers Restoration Process 23 Part 3: Prevention 24 CHF Canada Workshop 12

13 31/05/2018 Prevention The rumour among co-operatives and landlords is that the Cannabis Act grants a member the unfettered right to smoke and grow Not true! You can, subject to human rights concerns, ban smoking and growing of cannabis 25 Prevention Occupancy Agreement with smoking prohibition Consider the definition of smoking and vaping Tackling the issue of growing plants Cumbersome to amend and special resolution is required. Implementation of Policy Easier to implement as it requires a majority vote resolution at a SGM. 26 CHF Canada Workshop 13

14 31/05/2018 Prevention Haddock & Company Additions to the CHF BC Annotated Model Rules Vaping COMMENT: Vaping is also a new addition in the OA. Vaping was not popular when the Model Rules 2.0 were drafted, so you will not see references to vaping in older versions of the Model Rules. Vaping has exploded in popularity and Health Canada has yet to make a recommendation on whether it is good or bad for you. One thing is certain non-vapers find it annoying. Consider a vaping ban. Notwithstanding any other provision to the Occupancy Agreement and the Rules, and in addition to the obligations, rights and remedies set out in Section 7.02: 27 Prevention [a] Vaping is prohibited: [1] in a unit [2] on the interior common areas, including but not limited to in hallways, elevators, parking garages, electrical and mechanical rooms, stairs, storage locker areas; [3] on patios and balconies [4] within six meters of a door, window or air intake; and [5] within twenty-five feet of the playground area; and [6] outdoor space designated as part of the Unit for the exclusive use of the Member. 28 CHF Canada Workshop 14

15 31/05/2018 Prevention [b] Vaping shall include the inhaling, exhaling, burning or ordinary use of any electrical or mechanical device to produce vapor which primary purpose to inhale or any other device that produces vapor for the primary purpose of inhaling, humidifier excluded. COMMENT: The Federal Government plans to make recreational marijuana use legal. The Cannabis Act, which will regulate the use of recreational marijuana also permits persons to grown a certain amount of plans for personal use. There are many negative factors associated with the production of marijuana and Co-ops are permitted to ban their members from cultivating marijuana. Consider a ban under this optional clause. CHF Canada Workshop 29 Prevention 7.06 Cannabis plants The Member shall not, nor shall the Member s family, guests or invitees grow or attempt to grow cannabis or cannabis plants as those terms are defined in Federal Cannabis Act as it is from time to time, anywhere within the Member s unit or on any common area exclusively used by the member or member s family, such as balconies and patios, not on any common area anywhere on the Development. CHF Canada Workshop 30 CHF Canada Workshop 15

16 31/05/2018 Prevention Co-op Occupancy Agreement 1.01 Breach of conditions This Occupancy Agreement and the term hereby created shall be subject to the conditions herein set forth, and shall come to an end upon withdrawal from or termination of membership. 31 Prevention 1.02 Rules The term of the Occupancy Agreement and possession of the Unit by the Member is subject to: [a] the terms and conditions set out in the Rules of the Co-op as amended from time to time; [b] relevant and applicable zoning, health, or other laws of the municipal, provincial, or federal governments; and [c] the terms and conditions of any mortgages or other agreements between the Co-op and any federal, provincial or municipal authority 32 CHF Canada Workshop 16

17 31/05/2018 Prevention 6.01 Comply with Rules and Policies The Member shall comply with and cause the Member's family, guests, employees and any other person occupying or visiting the Unit to comply with all the terms, conditions and provisions of this Occupancy Agreement and [a] the terms and conditions set out in the Memorandum, the Rules and the Policies of the Co-op as amended from time to time; and [b] all changes and additions to the Occupancy Agreement to the same extent as if they were herein incorporated. 33 Prevention 7.02 Good neighbour provision The Member shall not use the Unit and shall not permit any person occupying or visiting the Unit to use the Unit in any way or engage in conduct which: [a] interferes with or disturbs other members quiet or peaceful enjoyment of the Development; [b] unreasonably annoys or interferes with the other members of the Co-op by sound, conduct or other activity; [e] injures the reputation of the Co-op; or [f] in any other way breaches this Occupancy Agreement or any Policy. 34 CHF Canada Workshop 17

18 31/05/2018 Prevention 7.04 Smoking Notwithstanding any other provision to the Occupancy Agreement and the Rules, and in addition to the obligations, rights and remedies set out in Section 7.02: [a]smoking is prohibited: 1) in a Unit; 2) on the interior common areas, including but not limited to in hallways, elevators, parking garages, electrical and mechanical rooms, stairs, storage locker areas; 35 Prevention 3) on patios and balconies; 4) within six metres of a door, window or air intake; 5) within twenty-five metres of the playground area; and 6) outdoor space designated as part of the Unit for the exclusive use of the Member. [b] Smoking shall include the inhaling, exhaling, burning or ordinary use of any tobacco or product whose use generates smoke. (Grandfathering clauses follow) 36 CHF Canada Workshop 18

19 31/05/2018 Prevention Co-op Rules 5.1 Grounds for termination of membership Where a member: [a] has engaged in conduct detrimental to the Co-op; the membership of that member may be terminated by a resolution of the Directors requiring a majority of at least three-quarters of all the Directors and passed at a meeting of the Directors called to consider the resolution. 37 Prevention Smoking does not lend itself to a breach of material condition termination because of the curative clause. 38 CHF Canada Workshop 19

20 31/05/2018 Creative Ways to Avoid Disturbing your Neighbour 1. Buy or make a Smoke Buddy 2. ONA Students in dorms have been known to make these by stuffing toilet paper roll with dryer sheets. Using an elastic band, they will put dryer sheets in both ends and exhale cannabis smoke into it. Cannabis growers and dispensers will Ona to neutralize smells and users can too. 39 Creative Ways to Avoid Disturbing your Neighbour 3. Choose to vaporize and not smoke This is possibly the best option for people who want to consume cannabis. Vaporizers greatly reduce the cannabis smells associated with smoking. 4. Incense/Scentsy An incense burner is an old school method of hiding pot smoking. The Scentsy burner is easily plugged in to an outlet and has many different fragrances capable of covering most bad smells including cannabis. 40 CHF Canada Workshop 20

21 31/05/2018 Prevention OVERVIEW Once legalized, cannabis smoking will be treated the same as cigarette smoking and dealt with as you would any other type of nuisance. 41 Part 4: Remedies/ Recourses 42 CHF Canada Workshop 21

22 31/05/2018 Remedies/Recourses Let s Talk About It The goal is to keep people in housing Some members will need support in making choices that will affect others Engage with users and non-users Make a plan and start the engagement now that you have time 43 Remedies/Recourses Multiple grounds for member termination Termination for Conduct Detrimental basically a nuisance claim; Illegal activity (for now) that has, or is likely to: adversely affect the quiet enjoyment of another occupant 44 CHF Canada Workshop 22

23 31/05/2018 Part 5: Human Rights & Accommodation 45 Human Rights & Accomodation Medical marijuana license automatic permission to smoke Human Rights Code- enumerated grounds of discrimination: Race, religion, colour, marital status, ancestry, family status, place of origin, age, sex, physical or mental disability, sexual orientation, gender identity or expression & lawful source of Income. Is there a nexus between the disability claimed and the remedy sought. 46 CHF Canada Workshop 23

24 31/05/2018 Human Rights & Accomodation The Co-op is permitted to discriminate if there is a bona fide and reasonable justification (BFRJ) (1) Legitimate housing-related purpose for the rule (2) Rule was adopted in good faith in the belief that it was necessary to accomplish the purpose (3) Rule is reasonably necessary to the purpose, such that the landlord could not the complainant without undue hardship 47 Human Rights & Accomodations Accommodation for marijuana use The Owners, Strata Plan LMS 2900 v. Mathew Hardy, 2016 CRTBC 1 Smoking vs. other methods of consumption Reasonable accommodation does not have to be perfect 48 CHF Canada Workshop 24

25 31/05/2018 Haddock & Company Lawyers Marine Drive North Vancouver, BC V7P 1V CHF Canada Workshop 25

26 Smokin hot topic: cannabis and co-ops CHF Canada AGM Victoria BC June 7, a.m. to noon Celia Chandler, Iler Campbell LLP cchandler@ilercampbell.com August 12, 1957 CHF Canada Workshop 1

27 December 30, 1989 CHF Canada Workshop 2

28 June 1, 2002 CHF Canada Workshop 3

29 May 31, 2006 CHF Canada Workshop 4

30 January 21, 2009 CHF Canada Workshop 5

31 January 1, 2018 CHF Canada Workshop 6

32 January 1, 2020? CHF Canada Workshop 7

33 June 30, 2025? CHF Canada Workshop 8

34 Jul. 1, 2018 CHF Canada Workshop 9

35 FRASER INSERT PHOTO OF SOMEONE SMOKING A JOINT OUTSIDE WITH AN X THROUGH IT FRASER INSERT PHOTO OF SOMEONE SMOKING A JOINT INSIDE THEIR HOME WITH A CHECKMARK CHF Canada Workshop 10

36 Overview 1. The Law federal and provincial 2. Human rights obligations: Medical cannabis 3. Tenant obligations: Smokers and nonsmokers 4. Building obligations: Growin their own 5. Other jurisdictions experience 6. Resources Legal information? CHF Canada Workshop 11

37 Legal advice? Best guesses? CHF Canada Workshop 12

38 Certainty? The Federal Law CHF Canada Workshop 13

39 The Cannabis Act Federal Illegal in Canada since 1923 / Most used of the illegal drugs WHY LEGALISE? to protect public health and public safety especially youth Restrict access Deter illicit activities Reduce burden on criminal system Increase public awareness about health risks to enable a robust and responsible legal cannabis industry to outperform illegal industry WHEN? summer, 2018 we think??? CHF Canada Workshop 14

40 The Cannabis Act continued WHAT DOES IT ALLOW? Adults (provincially set) can: possess 30 grams -- dried or fresh cannabis (not yet edibles) share (not sell!) 30 grams with other adults buy dried or fresh cannabis/cannabis oil from provincially-licensed retailer grow 4 cannabis plants /household (personal use) make cannabis products (at home, personal use) WHERE CAN IT BE CONSUMED? provinces decide The Cannabis Act - penalties PENALTIES? Sale to minors or by unlicensed entity Possession >30 grams Growing >4 plants etc Fines jail time CHF Canada Workshop 15

41 The Provincial Laws Address: Where can you use/smoke? Where can you buy? Who can buy/use? How much can you buy/possess? Who can grow and how much? Relationship to medical cannabis? Relationship to road safety issues? CHF Canada Workshop 16

42 Ontario Bill 174 Cannabis, Smoke-Free Ontario and Road Safety Statute Law Amendment Act, 2017 Replaces Smoke-Free Ontario Act - addresses pot and e-cigarettes Ontario Bill (1) No person shall consume cannabis in, (a) a public place* - place to which the public has access as of right or by invitation, whether express or implied, and whether or not a fee is charged. (b) a workplace within the meaning of the Occupational Health and Safety Act; (c) a vehicle or boat; or (d) any prescribed place. Smoking cannabis in common areas, including medical cannabis, will be restricted in the same way as tobacco CHF Canada Workshop 17

43 Ontario obligations on landlords 6 (1) No person shall sell cannabis, other than the Ontario cannabis retailer. 13 (1) No person shall knowingly permit a premises of which he or she is a landlord to be used in relation to an activity prohibited by section 6. landlord means, in respect of a premises, a person who is a lessor, owner or person permitting the occupation of the premises, and includes an owner of a premises that has not been vacated by the tenant despite the expiry of the tenant s lease or right of occupation. (2) It is a defence to a charge under subsection (1) that the defendant took reasonable measures to prevent the activity. Similar standard as required under Fire Code/Building Code?? Alberta Bill 121 An Act to Control and Regulate Cannabis Royal Assent Dec 5, 2017 Hybrid (public-private) distribution Age 18 rental agreements and condo by-laws (and presumably co-op by-laws) can restrict growing cannabis CHF Canada Workshop 18

44 British Columbia Grant Covered this Manitoba The Safe and Responsible Retailing of Cannabis Act, First reading Dec 5, 2017 age 19 to use and buy cannabis prohibited home growing The Cannabis Harm Prevention Act to regulate drug-impaired driving and public safety issues CHF Canada Workshop 19

45 New Brunswick Cannabis Control Act and Cannabis Management Corporation Act Received Royal Assent March 16, plants must be locked up inside and outside Government sales up to 20 stores Newfoundland Act to Amend the Liquor Corporation Act Received royal assent December 7, 2017 Cannabis NL distributor Private retailers CHF Canada Workshop 20

46 Northwest Territories Cannabis Legalization and Regulation Implementation Act Introduced Feb 28, 2018 Private property, smoking in public areas like trails and parks will be allowed with permission, unless the public space is being used for public events Nova Scotia Cannabis Control Act Royal Assent April 18, 2018 Provincial distributor law explicitly allows landlords to ban cannabis smoking on their properties CHF Canada Workshop 21

47 Nunavut Cannabis Act introduced May 24, 2018 Dry communities will have no cannabis smokers responsibilities no smoking - including medicinal - if smoke or vapour can be detected in others units or in common areas of condos and apartment buildings Prince Edward Island An Act to Respond to the Legalization of Cannabis Introduced April 10, 2018 Need landlord s consent to cultivate on site Provincial distribution - stand alone stores CHF Canada Workshop 22

48 Quebec Cannabis Regulation Act introduced November 16, 2017 Age 18 No one will be allowed to grow cannabis for personal use inside a dwelling Saskatchewan The Cannabis Control (Saskatchewan) Act first reading March 14, 2018 No public consumption Private distribution Landlords may set and enforce cannabis rules CHF Canada Workshop 23

49 Yukon Cannabis Control and Regulation Act Royal assent May 24, 2018 No smoking or growing in units where prohibited by lease or by condo by-law Human Rights Obligations: Medical Cannabis CHF Canada Workshop 24

50 NOW: medical cannabis law Access to Medical Cannabis for Medical Purposes Regulations (ACMPR) Government s response to successful challenges to the former medical cannabis regime Individuals authorized by health care practitioners using a Medical Document (like a prescription) Patients may apply to Health Canada to grow their medical cannabis Health Canada says 1 gram/day = 2 outdoor or 5 indoor plants Maybe some under previous Medical Marijuana Access Regulations to grow and possess medical cannabis Quantities prescribed generally larger Probably all expired if not now, soon The Cannabis Act medical cannabis Distinct framework under Cannabis Act to provide med cannabis largely unchanged from current framework Psb further regs to grow/use medical pot Grandfather existing users Medical users may purchase through recreational retailers CHF Canada Workshop 25

51 BUT medical use protected -- Human Rights Code right to use medicine as prescribed accommodating disability not necessarily a right to smoke in unit case-by-case accommodation to undue hardship prescribed non-smoking forms eating or tinctures Remember - Smoke-free Housing Act, 2017 prohibits smoking medical cannabis in common areas future Charter challenge??? Medicinal use of cannabis Non-smoking clause can include banning medical cannabis BUT consider requests for accommodation for medical use STEP 1: medicinal vs. recreational use? Dr s note STEP 2: smoking medical cannabis in unit? Dr s note with limitations and disability-related needs Smoking is necessary for treatment Symptoms that require use in unit STEP 3: appropriate accommodation short of undue hardship CHF Canada Workshop 26

52 Eviction for Smoking Medical Cannabis Potential grounds for eviction under RTA - Substantial interference with reasonable enjoyment or lawful right, privilege or interest of landlord or another tenant Serious impairment of safety (unlikely) Illegal act (s. 61 RTA) Willfully causing undue damage (unlikely) Consider - human rights complaint Case example - CEL eviction denied Tenant obligations - the smokers - the non-smokers CHF Canada Workshop 27

53 Obligations to smokers like any other legal activity smokers have rights to smoke providing it doesn t lead to substantial interference with reasonable enjoyment, damage, or otherwise something you can evict for e.g. people drink in units, become impaired problem if noise/violence results Obligation to non-smokers not illegal activity substantial interference with reasonable enjoyment like tobacco building-wide restrictions -- Smoke-Free Ontario Act, 2017 and leases to grandfather or not to grandfather revisit by-laws and policies re smoking (if any) - does smoking include cannabis in the policy? CHF Canada Workshop 28

54 Smoke-Free Policy? About the Smoking Not the Smoker Eviction for recreational pot smoking Potential grounds for eviction under RTA - Substantial interference with reasonable enjoyment or lawful right, privilege or interest of landlord or another tenant Serious impairment of safety (unlikely) Illegal act (s. 61 RTA) Willfully causing undue damage (unlikely) In absence of no smoking clause, threshold of substantial interference higher Case example - TNL eviction granted CHF Canada Workshop 29

55 Vapourizing Medical and recreational -- use vaporizers to consume No clear medical evidence of harm for e-cigs Consider policies/leases that restrict use in units recreational vapourizing - difficult to enforce at LTB vapourizing medical cannabis - remember Human Rights Code Building obligations - growin their own CHF Canada Workshop 30

56 Personal Cultivation Medical now requires Health Canada s OK application requires consent of site owner likely no human rights issue -- no case law (yet) Recreational up to 4 plants per residence not transferable age 19 possible further regulation Case example - SWL eviction denied Is it that hard to grow? (it s weed ) 4-6 weeks prevent flowers hrs light/day lamp - $25 - $200 at Home Depot + electrical modifications - a window & supplement with fluorescents then trigger flowering move to dark, control light, 12 hrs right soil; breathable pot; ph; nutrients; CHF Canada Workshop 31

57 Elsewhere? We are not alone CHF Canada Workshop 32

58 Impact of legalization on housing? One Oregon housing lawyer: I have seen a significant increase in the number of files I m handling, in which tenants are smoking marijuana and disturbing other tenants. Although recreational marijuana is legal in Oregon, tenants are not allowed to disturb other tenants. Further, there is a majority consensus that landlords are allowed to prohibit marijuana usage in their rental agreements, since marijuana is still illegal under federal law. Other interesting things reported No rise in use by youth but binge drinking college students are also bingeing on pot More driving under the influence of weed More previous pot convictions being set aside Legal weed = increased real estate prices (approx 6%) (home ads show photos of pot plants growing in the yard!) CHF Canada Workshop 33

59 Resources Smoke Free Housing Federal Bill C-45 The Cannabis Act Ontario Human Rights Commission : ohrc.on.ca Our blog: ilercampbell.com Trina Fraser Twitter handle CHF Canada Workshop 34

60 Key points 1. People already smoke cannabis will more smoke now? 2. Societal trend away from smokers rights this will surely not change 3. Prescribed cannabis right to smoke in unit 4. Prescribed cannabis duty to 5. Smoke of any kind can be substantial interference with reasonable enjoyment CHF Canada Workshop 35

61 Canada s recreational cannabis laws What you need to know as of May 30, 2018 Celia Chandler, Iler Campbell LLP cchandler@ilercampbell.com Minimum Age to use and buy: Federal minimum is 18 years of age o Followed by Alberta and Quebec Provinces and territories that have increased the min age to 19: BC, MB, NB, NL, NT, NS, NU, ON, PE, SK, YT Smoking Pot: Growing Pot: Federal limit is up to 4 plants per household, with a size of up to 100cm each o Followed by AB, BC, NB, NT, NS, ON, PE, SK, YT Quebec and Manitoba have prohibited home growing (except with medicinal licence in Manitoba) In Alberta, seeds for growing must be purchased from licensed cannabis retailers In BC, plants cannot be visible from public places, cannot grow in dwellings used as daycares In New Brunswick, plants must be locked up PEI requires landlords to consent to growing and allows condos to ban growing AB, BC, and NS governments have specifically said that housing providers like landlords and condo boards may restrict growing cannabis in their homes per the rules of their rental agreements and by-laws Possession limits: Federal limit for adult public possession is 30g, criminal penalties for youth who possess over 5g, and no possession of budding or flowering plants is allowed in public o Followed by AB, BC, NB, NS, ON, PE, QC, SK, YT In PEI, product must be in unopened packaging when transporting pot In NB, explicitly no limit on home possession In Quebec, possession at home limited to 150g Federal government will establish a mail order system if province doesn t have its own regime, otherwise provincial and territorial governments will regulate retail and distribution Each province has so far opted for its own model, some with government-run stores, others allowing private retail licenses, and others opting for a hybrid In Ontario, the province will run retail and online stores as a subsidiary of the LCBO, under the name, Ontario Cannabis Store (OCS) For informational purposes only. This does not constitute legal advice. Some provinces are banning smoking in public places (NB, NL, ON, PE, SK, YT) Others will allow smoking in some public spaces, but carve out exceptions for certain places where tobacco smoking is already prohibited, like hospitals, schools, playgrounds, parks, zoos, community beaches, as well as in vehicles (AB, BC, NS, QC) Ontario has banned smoking in public places, workplaces, vehicles, and boats Ontario will give municipalities $40 million dollars from its share of federal cannabis taxes to cover law enforcement and safety costs Ontario also said that smoking and vaping will be prohibited in indoor common areas of condos, apartment buildings, university or college residences including elevators, hallways, garages, party rooms, laundry rooms, lobbies, and exercise areas with some exemptions for long-term care facilities and hotels for medical users, in designated rooms NV smoking banned where detectable in others units Few provinces have explicitly said that landlords can ban cannabis use in leases e.g. AB, BC, NS, NV, and to the extent above, Ontario. Road Safety and Medical Use: Buying pot: In Ontario, 40 stores are expected to open by July 2018, 80 by July 2019, and 150 in 2020 Ontario s First Nations seeking consultation with govt Federal government has made it a criminal offence to drive with a blood drug concentration equal or higher than 2 nanograms per ml and allows provinces to regulate extra measures In Ontario, there will be a zero tolerance policy for driving high for young drivers aged 21 and under, drivers on notice, and commercial drivers Ontario will fund a new Cannabis Intelligence Co-ordination Centre to train police on drugged driving, support legal prosecution of drug-impaired drivers, and shut down illegal storefront pot dispensaries Health Canada will continue to regulate licenses, sale, and use of medical cannabis