Cannabis and safe communities

Public safety and health are vital to B.C. employers. And the Province has strong occupational health and safety regulations. Employers must determine if employees are fit for work. If an employee is impaired by cannabis at work, the employer must ask the impaired person to stop work and leave the grounds. WorkSafeBC encourages employers to use legalization of non-medical cannabis as an opportunity to assess how they manage workplace impairment issues.

Employers can review the following resources: WorkSafeBC’s Substance Use and Impairment in the Workplace webpage; Workplace Strategies: Risk of Impairment from Cannabis (PDF, 364KB), a resource for employers developed by the Canadian Centre for Occupational Health and Safety; and the Construction Industry of British Columbia Substance Abuse Testing & Treatment Program Policy, developed by the Construction Labour Relations Association of BC and the Bargaining Council of BC Building Trades Unions.

Landlords and strata corporations can restrict or ban growing and smoking non-medical cannabis on their properties as set out below.

Tenants and landlords

The Residential Tenancy Act and Manufactured Home Park Tenancy Act have been updated to reflect the following rule changes:

• If tobacco smoking is banned in your tenancy agreement (lease or contract) entered into before October 17, 2018, this means that cannabis smoking is also banned
• All tenancy agreements entered into before October 17, 2018 will automatically ban growing non-medical cannabis at home

For any new tenancy agreement after legalization, the landlord and tenant must negotiate whether those sections are included.

Resources for renters and landlords

• Residential Tenancies in B.C.
• Landlord BC
• Tenant Resource and Advisory Centre
• BC Human Rights Tribunal

Strata corporations

Strata corporations can pass a bylaw, by a 3/4 vote of owners, to restrict or ban smoking or growing non-medical cannabis. Learn more about amending strata bylaws and passing a non-smoking strata bylaw at the Province’s strata housing website. Strata corporations may find it helpful to seek legal advice before passing bylaws. Learn more about getting legal advice on stratas.

Many strata corporations and owners find it helpful to belong to a strata association. These associations provide member support, workshops, resources and advice for a fee. Some information is freely available on the strata associations’ websites.

For more information on how to accommodate the medical use of cannabis under human rights legislation, contact a strata association or a strata lawyer about the proper steps to take.

Local and Indigenous governments have the power to make decisions based on the needs and priorities of their communities including creating bylaws or other laws with respect to property, public health and safety and nuisances. Rules around where you can use or grow non-medical cannabis may vary from community to community. Some communities may choose to restrict these activities. In addition, the Province will not issue a licence to sell non-medical cannabis without support from the local government or Indigenous nation.

To find out the rules and regulations in your community, please check with your local government or Indigenous government.

Sport organizations may want to consider how legalization of non-medical cannabis impacts their sport environment. ViaSport British Columbia has summarized elements of cannabis legislation relevant to sport organizations in B.C.