5 Things to know about the new Cannabis Act
|Watch the video: https://youtu.be/_bbo5A6zPHg
By Mark Weisleder
I am already receiving calls about how sellers, buyers and real estate agents are to prepare for the new Cannabis Act, now scheduled to become law in October of 2018. I have already booked seminars at real estate boards throughout the GTA over the next few months to explain this in more detail. Here are 5 things you need to know:
4 Cannabis plants may be grown in each residence. This includes apartment or condominium units. Under Federal legislation, this could also include an outside garden that is part of a home. The Provinces will each determine whether to permit this outside growing.
Right now there do not appear to be any regulations in place. You will undoubtedly see “tool kits” or “indoor tents” being marketed for this purpose, with marketing claiming that this will not create mold behind the walls, for example. Still, professional electricians will likely be required for this, including preparing proper ventilation from the plants to the outside, as additional protection against mold.
In my opinion this will be an issue as to whether it can be classified as a material latent defect, which would have to be disclosed. Since mold behind the walls that the seller knows about could satisfy this test, there will likely be litigation when it is not disclosed and problems arise after closing.
Even though it is legal, you can include a clause in a lease to stop any tenant from smoking or growing Cannabis on the premises. This should be inserted into every lease. If the tenant then smokes, it will be easier to evict them. While medical Cannabis users may raise human rights issues, it is still better to have this clause in the lease right from the start to have a defence.
Some condominiums are already passing rules to stop any kind of smoking, whether cigarettes or Cannabis and growing of any Cannabis Plant. Others may set aside an area of the building for users, or just for medical Cannabis users. Others may just wait and see and attempt to rely on provisions in Condominium Law that you cannot commit a nuisance to your neighbours. Then, if the smoking is bothering your neighbours, they can bring action to get you to stop.
If you have any question on Cannabis or want to schedule a seminar in your area or brokerage, please contact me at 1-888-876-5529 or at firstname.lastname@example.org
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FOR IMMEDIATE RELEASE
June 20, 2018
OREA Statement on Federal Government’s Refusal to Allow Provinces the Ability to Ban Home Growth of Cannabis
Ontario Realtors are disappointed the federal government rejected the Senate recommendation that would have allowed provinces to ban home growth of cannabis. Provinces should have the ability to protect home owners and communities from the problems associated with former grow ops. Quebec and Manitoba have committed to standing firm on this issue and the ambiguity in the legislation has opened the door to court challenges. We look forward to working with Premier-Designate Ford to address Realtor concerns and ensure we protect Ontario homes and families.
Former cannabis grow operations, even on a small scale, can pose significant health and safety issues for unsuspecting home buyers – in particular young children and the elderly. These risks are often masked by owners of existing grow operations when the property is sold making it very difficult for home buyers and Realtors to detect. Every day Realtors work with Ontarians who have spent years saving up for a home where they can raise their families. They want to know exactly what they’re buying with their hard-earned money. And, they deserve to know.
With the legalization of cannabis going ahead, governments must take steps to protect home owners and prospective home buyers against the health and safety risks associated with former marijuana grow operations. That’s why Ontario Realtors have put forward a five-point action plan for cannabis legalization, which, if implemented, will create a regulatory shield for home owners and unsuspecting buyers against the ill effects of former grow ops and also homes where marijuana was grown legally.
– Tim Hudak, CEO for the Ontario Real Estate Association
Contact: Katarina Markovinovic-Praljak
Head of Communications & Media Relations
RECO regularly receives complaints from consumers and registrants regarding early or unauthorized access to properties via lockboxes. A new Registrar’s Bulletin explains the procedures registrants must follow when using lockboxes.
All registrants should review the bulletin thoroughly to ensure they are fulfilling their duty to promote the best interests of their clients and to provide conscientious and competent service