By P.A. Neena Gupta, Sebastien Pepin

On October 17, 2018, Canada will legalize the possession and the consumption of small amounts of cannabis for personal use. What does this mean for landlords? Eighty-five percent of landlords who were surveyed in the summer expressed a concern about the legalization of cannabis. Although the criminal law is federal, the laws with respect to the landlord-tenant relationship are based in provincial law. Each province has a different response to the challenges created by the legalization of cannabis. This article focuses on the law in Ontario.

In Ontario, the Smoke-Free Ontario Act, 2006 and the Electronic Cigarettes Act make it illegal for anyone to smoke in any enclosed public space, any enclosed workplace and designated public spaces. These laws do not cover cannabis in other forms, such as oils or edibles.