May 15th, 2020
Oct 17th, 2018
By Daniel Frajman
Residential landlords take note: with the coming into force on October 17, 2018 of legislation legalizing the use of cannabis in certain circumstances, new cannabis-related rules affecting residential leases in Quebec also come into force. One such new rule (at section 107 of the Quebec Cannabis Regulation Act indicates that landlords have 90 days from October 17, 2018 (i.e., until January 15, 2019) to send a notice to existing tenants where there is not a no-smoking rule already in place, if the landlord wishes to add a prohibition against smoking cannabis. The tenant can only refuse the prohibition on medical grounds and subject to review of the medical grounds by the Régie du logement if the landlord challenges the refusal. In all events, the tenant (even in leases where such smoking is allowed) cannot interfere with the peaceable enjoyment of the building by other tenants.
Please do not hesitate to contact us if you need any assistance in preparing the relevant notices, or relating to any other real estate-related questions.