electrical outlets for safety sake and will also increase power consumption (which may be paid by the landlord.) 4. The impact of marijuana smoke on tenants in adjacent units, especially if the landlord is trying to provide a smoke-free building. The federal Task Force notes that most of the concerns arise from the experience with large-scale illegal marijuana grow operations. As to the impact of marijuana smoke, tobacco smoke also impacts neighbouring tenants, and landlords have significant ability to deal with that even though smoking tobacco is generally legal. The Task Force recommends that smoking marijuana be banned wherever smoking tobacco is banned. Rental housing provider preferences Many landlords would prefer: Concerns of rental housing providers Rental housing providers are concerned about the impact of marijuana production and consumption on their buildings, for the following reasons: 1. Marijuana plants produce seven to 10 times as much moisture as ordinary houseplants. For medical uses the courts see adding “point source ventilation” as an issue that “can be handled without undue difficulty or complexity” (Allard v. Canada, 2016 FC 236, p. 43.) Damage to buildings can easily occur due to mold, and building owners are required to remediate under municipal bylaws about marijuana grow operations (MGOs). 2. Insurance may not cover damage due to marijuana production, since many (more economical) property insurance policies do not cover damage due to illegal activity. This issue will be mitigated in that if limited marijuana production for personal or medical use is made legal, then the policy exclusions about illegal acts will not apply unless there are violations of valid municipal bylaws, and perhaps not even then. 3. Enhanced marijuana plant growth in Canada benefits from additional light sources, which may require additional
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1. No home growing of marijuana, or at least no home-growing inside any rental building. 2. If home-growing in rental units is allowed, then no homegrowing without the landlord’s consent, or at least the landlord’s knowledge. 3. The ability to terminate tenancies to prevent and stop interference by marijuana smokers or producers with the reasonable enjoyment of other tenants. Issues 1 and 2 are largely federal, but may involve the provinces and municipalities. Issue 3 is largely a question of the provincial laws on landlordtenant rights; and for medical users, the interaction of landlord-tenant law and the Human Rights Codes (which protect and shelter people with disabilities, such as diseases for which marijuana is a prescribed medication.) CFAA will make a submission to the agencies of the federal government which are charged with responding to the Report of the Task Force by creating new federal legislation. Those agencies are the Health Department, the Attorney General of Canada and the Ministry of Public Safety. CFAA may also take further steps to lobby about the legislation to be introduced in about April 2017. (Continued on next page)