The Legalization of Marijuana – What this Means for Ontario Condominiums

The legalization of recreational marijuana in Canada is expected to come into force on July 1, 2018, and the Ontario government has also enacted the Cannabis Act, 2017 which establishes provincial rules respecting the possession, cultivation and use of cannabis. Condominium corporations should review their declaration and rules to ensure they contain provisions that will allow them to regulate the use and cultivation of marijuana on the condominium property. The Ontario government is also considering draft regulations which will restrict the smoking of marijuana in indoor or outdoor common areas in condominiums but will allow condominium corporations to designate outdoor areas for the consumption of recreational marijuana. Condominium boards have expressed concerns about marijuana smoke migrating into the common elements or into other units. Condominium corporations can enact rules or amend the condominium declaration to regulate or restrict marijuana use and cultivation.

Amending the declaration requires the written approval of at least eighty per cent of the units in the corporation. Rules made by the board of directors become effective after 30 days notice, unless the owners requisition a meeting and vote against them. Some corporations may allow smoking in units only if smoke does not migrate to other units or the common elements. Corporations should consider creating a designated outdoor area for marijuana smoking, making reasonable accommodations for residents with disabilities, enacting rules before the legislation legalizing marijuana becomes effective, and consulting with legal counsel to assist with the development of marijuana rules.