Cannabis legalization: homeowners' concern rises

According to a vast survey conducted in recent days by CORPIQ (1), 85% of Quebec housing owners say they are "rather worried" (28%) or "very worried" (57%) of the impacts of the legalization of cannabis on the management of their rental property.

This is a sharp increase of 11 percentage points since the same question was asked in January 2017. At that time 73.5% were concerned about this legalization, while the federal bill had not yet been revealed.

A few days before the June 2018 survey, the Quebec government has nevertheless passed a relatively reassuring law that prohibits the cultivation of cannabis in its territory, in addition to allowing homeowners who wish to modify their leases to prohibit cannabis use, as requested by CORPIQ.

However, the uncompromising federal Liberal government has refused to recognize the right of provinces to ban the production of cannabis in homes. Bill C-45 was passed June 19. Confident, the Trudeau government clearly suggests that the courts will decide which law, federal or provincial, takes precedence over the other. Quebec and Manitoba are the two provinces that have chosen to ban home cultivation. The legalization of cannabis in Canada will come into effect on October 17.

In addition to what the laws say on paper, homeowners are concerned about their ability to effectively enforce a ban on cultivating and using cannabis in their building to maintain peace between tenants, as well as the integrity their apartments. It is unclear whether Quebec police officers will respond to complaints in order to issue statements of offense to those who cultivate illegally. On the other hand, we know very well that the Régie du lodgement judicial delays are unacceptable, as when used to enforce the conditions of the lease.

As part of the management of your residential buildings, what is your opinion on the possible legalization of cannabis for recreational purposes?

1) Survey carried out from June 15 to June 20, 2018 among owners of rental housing buildings representative of the Quebec market. 1535 respondents. Margin of error of 2.5%, 19 times out of 20. Due to rounding, the total may not be 100%.