No one should ignore the law... and section 107 of the Cannabis Regulation Act

January 2019

No one should ignore the law... and section 107 of the Cannabis Regulation Act

 

Aubie J. Herscovitch
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514.878.3272

 

in collaboration with Mayya Mihaylova
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514.878.7621 

 

No one should ignore the law... and section 107 of the Cannabis Regulation Act

In a recent decision of the Régie du logement rendered on December 21, 2018 Aguilar c. Hébert, 2018 QCRDL 42318, landlords were authorized to amend an existing lease in order to include a clause prohibiting the use of cannabis in the leased premises and the common indoor and outdoor areas of the building in which the leased premises were situated. This decision further explains the application of section 107 of the Cannabis Regulation Act (chapter C-5.3) (the "Act") which came into force on October 17, 2018. The aforementioned decision specifies that the Act allows the landlord to unilaterally amend the lease duly signed between the parties, in order to include a clause prohibiting smoking of cannabis, even during the term of the lease. The Régie du logement relies on the argument that prior to the adoption of the Act cannabis use in general was prohibited by many federal laws. Thus, since the legalization of the smoking of cannabis use, section 107 of the Act now allows the landlord to unilaterally amend the lease and prohibit this practice in the dwelling.

For more information about the decision, click here (French version only).

For further information about the context of the legislation, read our paper "Legalization of cannabis : measures to be taken".

This bulletin provides general comments on recent developments in the law. It does not constitute and should not be viewed as legal advice. No legal action should be taken on the basis of the information contained herein.

 

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