Studies and briefs
Public hearings were held between February 12 and February 20 in relation to Bill No. 2 tightening the regulation of cannabis, tabled by the Minister Delegate for Health and Social Services, Lionel Carmant. This bill would, if enacted in its current form, bring amendments to the law passed by the previous government, which could impact owners.
Attentive to any new development, CORPIQ has produced a memoir for members of the parliamentary committee assigned to study this bill. Your association has formulated or reiterated six new recommendations that would provide better protection for property owners.
Here is a summary.
CORPIQ would like the intended fines for possession of cannabis plants and cultivation for personal use to be multiplied by ten, in order to make them truly dissuasive and consistent with the other penalties provided by law.
In fact, Manitoba, one of the three provinces that banned home cultivation, has already passed legislation allowing a minimum fine of $ 2,500 for anyone who cultivates cannabis for personal use. This fine varies from $ 250 to $ 750 in Quebec. How can the government hope to deter illegal cannabis producers when their harvest will be, in most cases, sufficient to cover this fine?
CORPIQ wants the new law to allow inspectors to enter a dwelling, at a reasonable time, if there is reason to believe that cannabis is being cultivated without right.
Currently, a landlord must provide a 24-hour notice to the tenant before making an inspection of his dwelling, which gives him plenty of time to move his cannabis plants. Worse, tenants operating illegally can refuse entry to their dwelling, despite a formal notice and the right of the owner. The latter can only ask the Régie du logement for an access order, which may take more than a month.
Owners must be allowed to require a security deposit from the tenant upon signing of the lease, to promote accountability and prevent potential damage.
Take for example the case of illegal production in a rental housing, even a cautious landlord will always face damage to his apartment. A damage deposit would, among other things, permit to obtain a certain amount, which would at least cover part of the costs incurred.
A tenant who is denied the right to cultivate or smoke cannabis by the court must be required to reimburse all the damages suffered by the owner of his dwelling.
In fact, the abusive delays of the Régie can lead to a worsening of relations between the various tenants and the landlord. The latter therefore risks suffering the consequences of the harmful behavior of a single occupant, while he did everything in his power to limit his nuisance. CORPIQ wishes that the tenant at the origin of the problem be held accountable for the expenses incurred by the owner, such as reduction of rent granted to other occupants, a neighboring unit impossible to re-rent because of odors, etc.
A tenant invoking his right to smoke cannabis for medical purposes must be required to provide the owner with a medical certificate recognized and issued by a professional member of the Collège des médecins du Québec.
An owner must be allowed to demand that the tenant be evaluated by a doctor of his choice in order to rule on the need for this tenant to consume cannabis for medical purposes.
CORPIQ is of the opinion that an owner must have the opportunity to request a second medical opinion from a specialist practicing only in Quebec, to ensure that the medical certificate is not one of convenience. The association is basing this request on the Act on Industrial Accidents and Occupational Diseases (LATMP), which offers this possibility to employers.
Finally, CORPIQ spoke about the government's desire to prohibit the use of cannabis in public spaces. This will effectively force the renters who consume to make a choice between opposing the law or the rules and regulations of their lease. Mechanically, property owners will see an increase in cannabis use in their dwellings, even if the lease prohibits it.
This is why CORPIQ is calling on the government to consider alternative solutions, such as coffee shops already in place in several other cities and countries, in order to let cannabis users exercise their rights in the best possible conditions.
Download CORPIQ’s full memoir (in French) by clicking on the link below.