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Difference between revisions of "Tenancy Agreements (19:II)"
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Tenancy Agreements (19:II) (view source)
Revision as of 22:02, 15 November 2022
, 22:02, 15 November 2022→3. Cannabis Legalization
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As of October 17, 2018, personal possession of cannabis became legal within Canada. Accordingly, changes to the ''RTA'' were implemented around growing and smoking cannabis. | As of October 17, 2018, personal possession of cannabis became legal within Canada. Accordingly, changes to the ''RTA'' were implemented around growing and smoking cannabis. | ||
*If a tenancy agreement included a “no smoking” clause and did not explicitly allow for smoking cannabis, then the “no smoking” clause is deemed to apply to smoking cannabis. This also applies to any clauses that restrict or regulates smoking. (''RTA'' s 21.1 (2)) | *If a tenancy agreement entered into prior to legalization included a “no smoking” clause and did not explicitly allow for smoking cannabis, then the “no smoking” clause is deemed to apply to smoking cannabis. This also applies to any clauses that restrict or regulates smoking. (''RTA'' s 21.1 (2)) | ||
:(1) For the purpose of ''RTA'' s 21.1 (2), vaporizing a substance containing cannabis is not “smoking cannabis.” | ::(1) For the purpose of ''RTA'' s 21.1 (2), vaporizing a substance containing cannabis is not “smoking cannabis.” | ||
*All existing tenancy agreements would be implied to have terms prohibiting growing cannabis unless: | *All existing tenancy agreements would be implied to have terms prohibiting growing cannabis unless: | ||
:(1) the tenant is growing in or on the residential property one or more cannabis plants that are medical cannabis, | ::(1) the tenant is growing in or on the residential property one or more cannabis plants that are medical cannabis, | ||
:(2) growing the plants is not contrary to a term of the tenancy agreement, AND | ::(2) growing the plants is not contrary to a term of the tenancy agreement, AND | ||
:(3) the tenant is authorized under applicable federal law to grow the plants in or on the residential property and the tenant is in compliance with the requirements under that law with respect to the medical cannabis. | ::(3) the tenant is authorized under applicable federal law to grow the plants in or on the residential property and the tenant is in compliance with the requirements under that law with respect to the medical cannabis. | ||
:'''NOTE:''' The RTA allows for landlords and tenants to agree upon terms in new tenancy agreements as long as they do not violate the RTA. | :'''NOTE:''' The RTA allows for landlords and tenants to agree upon terms in new tenancy agreements as long as they do not violate the RTA. | ||
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