Difference between revisions of "Tenancy Agreements (19:II)"

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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))   
1. 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))   
     


      o For the purpose of RTA s 21.1 (2), vaporizing a substance containing cannabis is not “smoking cannabis.”


*    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:
2. All existing tenancy agreements would be implied to have terms prohibiting growing cannabis unless:




      o the tenant is growing in or on the residential property one or more cannabis plants that are medical cannabis,
*    the tenant is growing in or on the residential property one or more cannabis plants that are medical cannabis,




      o growing the plants is not contrary to a term of the tenancy agreement, AND
*    growing the plants is not contrary to a term of the tenancy agreement, AND
 
 
      o 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.
*    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.