resident has a disability which requires the use of cannabis for
medical reasons, residences that restrict usage will have a duty
to accommodate that person.
However, protection against discrimination only applies
when the use of cannabis is required for a medicinal purpose. In
other words, smoking recreational cannabis in your condo is not
a right protected by the government.
CANNABIS IN THE WORKPLACE
It’s also important to recognize that multifamily residences are
places of employment for many people. Many questions arise:
What if allergies to cannabis exist? How do I ensure that building staff are “fit for work?” How can maintenance staff enter an
apartment where cannabis is being used?
Although it should be common sense not to enter the workplace under the influence, some building staff may be under the
false impression that the legalization of cannabis allows them a
“free pass” to consume it anywhere, at any time, and even grow
cannabis plants within apartments provided by landlords or
boards of directors. Properties with an employee conduct policy
will now be forced to update their drug and alcohol policies.
Safety concerns still exist when cannabis is prescribed. Property managers will be faced with critical decisions defining what
By legalizing cannabis, Canada has introduced new burdens to
society at large and in particular to the property management
industry, which is positioned at critical points where people’s
lives overlap. It is evident at this early stage that it will take time
for the “smoke to clear” to understand the day-to-day impacts of
legalization on Canadians, and the impacts will depend on the
jurisdiction. Managers throughout the country will have to be
proactive to avoid negative consequences, yet at the same time
balance the protection of individual rights with reasonable and
Joel Berkovitz is an associate in Shibley Righton LLP’s condominium
law and business law groups.
Derek Brovold is director of operations for non-profit housing at
Greenwin Inc. in Toronto.
Robert Buckler is a licensed real estate broker with Century 21
Heritage Group Ltd., as well as a condominium consultant and
licensed condominium manager in Ontario who provides a variety of
services to condominium management providers and developers.
WITH MORE SPECIFIC
RULES SO THAT
RESIDENTS HAVE A
OF THEIR LEGAL
IN MANY CASES
THE EXISTING ANTI-NUISANCE PROVISIONS