Tribunal administratif du logement
Friday, 15 June, 2018
The legalization of cannabis in Canada, in 2018, and the passage of a bill regulating the use of cannabis in Québec raise a number of questions.
The Régie du logement is taking this opportunity to point out the main legislative provisions concerning the use of cannabis in rental residential buildings and the modification of the conditions of a lease that could apply.
In order to rigorously regulate the non-medical use of cannabis in Québec and to implement various measures aimed at protecting the health and safety of the population, the members of the National Assembly of Québec passed, on June 12, 2018, Bill 157: An Act to constitute the Société québécoise du cannabis, to enact the Cannabis Regulation Act and to amend various highway safety-related provisions .
Under one of the sections of the Act, lessors may modify the conditions of a lease of a dwelling by adding a clause that prohibits the smoking of cannabis, within 90 days of its coming into force. To do so, the lessor must, within that time period, give the lessee a notice describing the prohibition from smoking cannabis.
If cannabis use is justified by medical reasons, the lessee may then, within the following 30 days, notify the lessor of his or her refusal. If the lessee refuses, the lessor has 30 days to ask the Régie to rule on the modification of the lease. If the lessee does not refuse the modification, the lease is modified 30 days after receipt of the lessor’s notice by the lessee.
It should be noted that, although the Act has passed, it will come into force by order of the government on a later date, which has not yet been determined.
Moreover, under the provincial act, it is completely prohibited to cultivate non-medical cannabis for personal purposes and to possess more than 150 grams of dried cannabis at home.
Under the Act, cannabis smoking is also prohibited in the common areas of residential buildings comprising two or more dwellings and in those of private seniors’ résidences.