On October 17, 2018, non-medical cannabis was legalized under the federal Cannabis Act and section 14 of the provincial Cannabis Control and Licensing Act.
Changes to the Residential Tenancy Act and the Manufactured Home Park Tenancy Act around growing and smoking of recreational cannabis came into force when non-medical cannabis was legalized:
1. Existing “no-smoking” clauses will apply to cannabis smoking
If a tenancy agreement was entered into prior to the legalization of non-medical cannabis and had a “no-smoking” clause, it would include smoking cannabis (but not vapourizing cannabis) in the same way.
2. Existing tenancy agreements will be deemed to include a no-grow clause
All existing tenancy agreements are considered to include a term prohibiting growing cannabis (meaning to cultivate, propagate, or harvest) in or on the residential rental property, or the common areas of a manufactured home park and outdoor areas of a manufactured home site unless:
- the tenant is authorized under applicable federal law to grow medical cannabis, and
- the tenant is in compliance with the requirements under that law; or
- the tenancy agreement specifically allows growing;
With the legalization of non-medical cannabis, landlords will be able to include terms in new agreements prohibiting growing and smoking. It is the landlords responsibility to ensure these prohibitions are clear in tenancy agreements.
The Residential Tenancy Act allows landlords and tenants to agree to terms in new tenancy agreements as long as they do not violate the Act.
The Act also allows landlords to evict tenants for cause. Cause includes things like:
- causing damage to the landlord's property;
- putting the landlord's property at significant risk.
The content on this website is periodically reviewed and updated by the Province of British Columbia as per the date noted on each page: December 12, 2018