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Prohibition against smoking cannabis in a dwelling – Section 107 of the Cannabis Regulation Act

Part of category Appartment

Wednesday, 25 September, 2019

Under section 107 of the Cannabis Regulation Act, lessors had until January 15, 2019 to send their lessees a notice of modification to include, during the term of the lease, a clause prohibiting the smoking of cannabis.

After receiving such a notice, lessees had 30 days during which they could refuse the modification of the lease, but only for medical reasons.

If a lessee refused the modification, the lessor could apply to the Régie du logement, within
30 days after receiving the refusal, to obtain a ruling on the modification in question.

In such a case, the lessee must show, to the tribunal’s satisfaction, that medical reasons justify the refusal.

The notion of medical reason is assessed on the basis of the evidence submitted by the lessee. Proof of medical reasons can be provided in many forms.

A medical prescription, for example, is one of the elements of proof that can be submitted to the tribunal to demonstrate that the lessee smokes cannabis for medical reasons.

The tribunal must assess the whole of the evidence presented. Therefore, it is possible for a certain element of proof to be treated differently from one decision to the next due to the entire evidence presented by all parties, which the administrative judge must analyze in the context of the case at hand. This does not mean, however, that such decisions are contradictory.

In each case, the tribunal must assess the sufficiency and quality of the evidence that is presented. Every case must be analyzed according to its particular circumstances and the evidence submitted before the tribunal.

It is therefore a question of evidence. It must be receivable, reliable and have probative value.

For additional information, take a look at section Cannabis.