Unveiling the Cannabis Act: Navigating Legalization and Regulations

 
Considering the
Cannabis Act
 
Seeing through the smoke and mirrors
 
 
 
PRESENTATION BY:
C. Grant Haddock
Haddock & Company Lawyers
 
1
 
2
 
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
 
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4
 
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 cannabis. At
the end of the presentation, we’ll invite you to share your
best practices, lessons learned and top tips.
 
6
 
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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
 
Legislative Overview
 
The proposed effective date is October 17, 2018.
 
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
 
Legislative Overview
 
Controlled Access:
 
When the 
Cannabis Act
 comes into force and subject to restrictions imposed
by Provincial legislation, 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 seedlings;
 
 
make
 cannabis products, such as food and drinks, at home
    provided that organic solvents are not used.
 
12
 
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.  There will be both public and
private retail stores.  The B.C. Government will solely operate online sales.
Supplies for growing can be sold at other retailers, like gardening stores.
 
13
 
Legislative Overview
 
Cannabis Control and Licensing Act (CCLA)
 
This 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
 
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
 
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 that 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
 
New Challenges for Co-operatives
 
 
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 cannabis 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
cannabis 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 sub-
metered) which are required in great quantities to grow cannabis plants.
 
20
 
Industry Reaction
 
Increased fire hazards due to people drying cannabis 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
 
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
 
Industry Reaction
 
The Insurance Industry has reacted with alarm.
 
Growing cannabis in homes creates all sorts of risk (water,
moisture, electrical) and could attract crime.
 
Insurers may have clauses in their policies that state they
will not insure properties used for the production of
cannabis.
 
24
 
Industry Reaction
 
The Banking Industry has also reacted with alarm.
 
Grows ops or disclosure of cannabis growth at a property
tends to reduce the value, thus reducing the equity
protection of lender.
 
Growing may violate the lender’s mortgage terms.
 
25
 
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The rumour among co-operatives and landlords is that the 
Cannabis
Act 
and CCLA grants a member t
he
 unfettered right to smoke and
grow – Not true!
 
You can, subject to human rights concerns, ban smoking and growing
of cannabis
 
 
27
 
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.
 
28
 
Prevention
 
Haddock & Company Additions to the CHF BC Annotated Model Rules 2.0
 
7.05
 
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:
 
 
 
 
29
 
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.
 
30
 
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 
Cannabis Control & Licensing Act
 regulates the use of
recreational cannabis and also permits persons to grown a certain
amount of plants for personal use.  There are many negative factors
associated with the production of cannabis and Co-ops are permitted to
ban their members from cultivating cannabis.  Consider a ban under
this optional clause.
 
31
 
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.
 
32
 
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.
 
33
 
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
 
34
 
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.
 
35
 
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.
 
 
36
 
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;
 
 
37
 
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)
 
38
 
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.
 
 
 
39
 
Prevention
 
Smoking does not lend itself to a breach of material
condition termination because of the curative clause.
 
40
 
Creative Ways to Avoid Disturbing your Neighbour
 
1.
   
Buy or make a Smoke Buddy
 
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.
 
2.
   
ONA
 
Cannabis growers and dispensers will Ona to neutralize smells and users can too.
 
 
 
 
 
41
 
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.
 
42
 
Prevention
 
OVERVIEW
 
Cannabis smoking is to be treated the same as cigarette smoking and
dealt with as you would any other type of nuisance.
 
43
 
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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
 
M
ake a plan and start the engagement now that you have time
 
45
 
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
 
46
 
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5
:
Human
Rights &
Accommodation
 
47
 
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 
I
ncome.
 
Is there a nexus between the disability claimed and the remedy sought.
 
48
 
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 accommodate the complainant 
without undue hardship
 
49
 
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”
 
50
 
Haddock &
Company
Lawyers
 
North Vancouver / Victoria, BC
www.haddock-co.ca
604.983.6670
info@haddock-co.ca
 
51
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"Explore the intricacies of the Cannabis Act through a comprehensive presentation covering different aspects such as legislative overview, prevention, remedies, human rights, and accommodation. Delve into the challenges and opportunities surrounding the legalization of cannabis in Canada, with a focus on protecting public health, reducing criminal activities, and legal production. Gain insights on the Controlled Drugs and Substances Act, Access to Cannabis for Medical Purposes Regulations, and the proposed Cannabis Act (Bill C-45), set to come into effect on October 17, 2018."


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  1. Considering the Cannabis Act Seeing through the smoke and mirrors PRESENTATION BY: C. Grant Haddock Haddock & Company Lawyers 1

  2. 2

  3. TODAYS 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

  4. Part 1 Part 1: Introductions 4

  5. Introductions Grant Haddock Who are your members? What kind of housing do you operate? Family Townhouse Apartment style 5

  6. Introductions Your Experience Some of you may have already struggled with balancing member needs because of access to medical cannabis. At the end of the presentation, we ll invite you to share your best practices, lessons learned and top tips. 6

  7. Part 2 Part 2: Legislative Overview 7

  8. 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

  9. Legislative Overview The proposed effective date is October 17, 2018. 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

  10. 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

  11. Legislative Overview Controlled Access: When the Cannabis Act comes into force and subject to restrictions imposed by Provincial legislation, 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

  12. 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 seedlings; make cannabis products, such as food and drinks, at home provided that organic solvents are not used. 12

  13. 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. There will be both public and private retail stores. The B.C. Government will solely operate online sales. Supplies for growing can be sold at other retailers, like gardening stores. 13

  14. Legislative Overview Cannabis Control and Licensing Act (CCLA) This 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

  15. 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

  16. 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

  17. 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 that 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

  18. 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

  19. New Challenges for Co-operatives 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

  20. Industry Reaction The Canadian Federation of Apartment Owners Association has raised concerns about the production of cannabis 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 cannabis 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 sub- metered) which are required in great quantities to grow cannabis plants. 20

  21. Industry Reaction Increased fire hazards due to people drying cannabis in a household stove and sometimes patchy electrical modifications; Odours from plants getting into other people s units. 21

  22. 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

  23. 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

  24. Industry Reaction The Insurance Industry has reacted with alarm. Growing cannabis in homes creates all sorts of risk (water, moisture, electrical) and could attract crime. Insurers may have clauses in their policies that state they will not insure properties used for the production of cannabis. 24

  25. Industry Reaction The Banking Industry has also reacted with alarm. Grows ops or disclosure of cannabis growth at a property tends to reduce the value, thus reducing the equity protection of lender. Growing may violate the lender s mortgage terms. 25

  26. Part 3 Part 3: Prevention 26

  27. Prevention The rumour among co-operatives and landlords is that the Cannabis Act and CCLA 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 27

  28. 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. 28

  29. Prevention Haddock & Company Additions to the CHF BC Annotated Model Rules 2.0 7.05 Vaping COMMENT: 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. Vaping is also a new addition in the OA. Vaping was not popular when the 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: 29

  30. Prevention [a] Vaping is prohibited: [1] [2] [3] [4] [5] [6] in a unit on the interior common areas, including but not limited to in hallways, elevators, parking garages, electrical and mechanical rooms, stairs, storage locker areas; on patios and balconies within six meters of a door, window or air intake; and within twenty-five feet of the playground area; and outdoor space designated as part of the Unit for the exclusive use of the Member. 30

  31. 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 Cannabis Control & Licensing Act regulates the use of recreational cannabis and also permits persons to grown a certain amount of plants for personal use. There are many negative factors associated with the production of cannabis and Co-ops are permitted to ban their members from cultivating cannabis. Consider a ban under this optional clause. 31

  32. 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. 32

  33. 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. 33

  34. 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 34

  35. 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. 35

  36. 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. 36

  37. 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: in a Unit; on the interior common areas, including but not limited to in hallways, elevators, parking garages, electrical and mechanical rooms, stairs, storage locker areas; 1) 2) 37

  38. Prevention on patios and balconies; within six metres of a door, window or air intake; within twenty-five metres of the playground area; and outdoor space designated as part of the Unit for the exclusive use of the Member. 3) 4) 5) 6) [b] Smoking shall include the inhaling, exhaling, burning or ordinary use of any tobacco or product whose use generates smoke. (Grandfathering clauses follow) 38

  39. 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. 39

  40. Prevention Smoking does not lend itself to a breach of material condition termination because of the curative clause. 40

  41. Creative Ways to Avoid Disturbing your Neighbour 1. Buy or make a Smoke Buddy 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. 2. ONA Cannabis growers and dispensers will Ona to neutralize smells and users can too. 41

  42. Creative Ways to Avoid Disturbing your Neighbour Choose to vaporize and not smoke 3. 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. 42

  43. Prevention OVERVIEW Cannabis smoking is to be treated the same as cigarette smoking and dealt with as you would any other type of nuisance. 43

  44. Part 4 Part 4: Remedies/ Recourses 44

  45. 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 45

  46. 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 46

  47. Part 5 Part 5: Human Rights & Accommodation 47

  48. 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. 48

  49. 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 accommodate the complainant without undue hardship 49

  50. 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 50

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