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Cannabis in Condominiums

Agenda

New Cannabis Legislation Smoking Restrictions Smoke Migration Enforcement

New Cannabis Legislation

Federal: Ontario:

Cannabis Act, 2017 (Ontario) Ontario Cannabis Retail Corporation Act, 2017 Smoke-Free Ontario Act, 2017

Bill C-45 Bill C-46

Federal Role

• Set minimum requirements:
• Types of cannabis products allowed for sale
• Packaging and labelling requirements
• Serving sizes and potency
• Prohibited ingredients
• Production practices
• Cannabis tracking
• Restrictions on promotion

Provincial Role

• Licence and oversee distribution and sale
• Ability to create legislation to:
• Increase the minimum age
• Lower the personal possession limit
• Create additional rules for growing cannabis at home (e.g. lower the number of

plants per household)

• Restrict where adults can consume cannabis

Municipal Role

• Support oversight and regulation of cannabis distribution and sales
• Enforce local by-laws and standards, including:
• Zoning restrictions on cannabis-related businesses
• Public nuisance complaints

Bill C-45

• Purpose: legalize access to recreational cannabis and control and

regulate its production, distribution, and sale

• Objectives:
• Prevent young people from accessing cannabis
• Protect public health and safety
• Deter criminal activity (e.g. criminal penalties)
• Prevent organized crime from continuing to profit from illegal cannabis

market

Bill C-45

• Once in force, adults will be allowed to legally:
• Buy cannabis from certain regulated or licensed retailers and

producers

• Possess up to 30 grams dried cannabis (or equivalent in non-dried

form) in public

• Share up to 30 grams dried cannabis (or equivalent in non-dried form)

with other adults

• Cultivate up to 4 plants in their own residence (4 plants total per

household)

• Alter cannabis at home to prepare non-dangerous cannabis products

(e.g. edibles) for personal use

Ontario Cannabis Legislation

• 19+ only
• Not permitted to use in public, workplaces, or vehicles
• OCS will oversee retail and online sales
• Stand-alone stores
• Legal to smoke cannabis in units unless prohibited by

condominium documents

Odour Migration in Multi-Residential Buildings

• Focus on High-rise and Mid-rise Buildings

(Townhomes can also have problems, but much less likely)

• Building Code Requirements
• How Do Odours Travel in Buildings?
• Diagnosis and Management

Building Code Requirements

• No specific Building Code requirement to limit or prevent air

movement between suites

• No significant code requirements for effective separation of suites for

smoke/fire until 1980’s.

• Suites in multi-residential buildings are designed as interconnected air

spaces

How Do Odours Travel in Buildings? Odour transmission = Air Movement 2 requirements for air movement:

• 1. Driving force
• Push (positive pressure)
• Pull (negative pressure)
• 2. Pathway(s)
• Route(s) for air to travel

How Does Air Travel in Buildings?

• 1. Air Movement in Buildings
• 2. Air movement between suites

Air Movement In Buildings Driving Forces 3 Main Forces

• Stack Effect Pressure
• Wind Pressure
• Mechanical Systems

Air Movement In Buildings Driving Forces

• Stack Effect (Chimney)
• Result of density of

colder outside air

• Higher pressures at top

and bottom

• Medium pressures

(varies with temperature and height of building)

Air Movement In Buildings Driving Forces

• Wind Pressure
• Windward Side = Pushing =

Infiltration

• Leeward Side = Pulling =

Exfiltration

• Increases with height
• Potentially very large pressures
• Townhouses

Air Movement In Buildings Driving Forces

• Mechanical Systems
• Corridor Make-up Air = Pushing from

corridor

• Exhaust Fans = Pulling from suite to

exterior

• Low pressures
• Townhouse

Air Movement In Buildings Driving Forces - Summary Taller buildings and more severe climates will exaggerate natural forces. Mechanical Systems can NOT practically compensate for natural forces.

Air Movement In Buildings

Pathways for Air Movement

• Many Pathways
• Corridors
• Mechanical / Electrical Penetrations
• Floor to Floor Leaks at Exterior Walls
• Penetrations at Party Walls
• Exterior Pathways (out one window and into another)
• Older Buildings are Typically Worse
• Leaky Windows and Walls
• Little to No Sealing of Penetrations Between Suites

Air Movement In Buildings Pathways for Air Movement

• Corridors
• Around suite entry doors
• Driven by pressure differences

Air Movement In Buildings Pathways for Air Movement

• Mechanical and Electrical Penetrations
• 1950’s to 1970’s

no firestops and many interconnected spaces

• 1980’s

minimal firestops required in mid 1980’s but still not air- tight

• 1990’s to present

firestops required but workmanship problems are commonplace

Air Movement In Buildings Pathways for Air Movement

• Mechanical and Electrical Penetrations

Air Movement In Buildings Pathways for Air Movement

• Floor to Floor Leaks at Exterior Walls

Air Movement In Buildings Pathways for Air Movement - Summary Pathways can be reduced but can NOT be eliminated More pathways can be expected in older buildings (no requirement to retroactively firestop suites on older building)

Diagnostics and Management Diagnostics

• Need to understand both Driving Forces & Pathways
• Preliminary Review
• Interviews - Understand the Problem
• Drawing Review - Understand the Building
• Non-Destructive Visual Review
• Look for pathways without cutting holes
• Boroscope (flexible camera system)
• Remove wall plates
• Basic checks for air movement

Diagnostics and Management Diagnostics (continued)

• Destructive Review
• Cut holes in ceilings and walls to verify hidden conditions
• Check for air movement
• Air Movement Testing
• Verify or confirm odour and air transmission
• Use blower door to pressurize/depressurize suites
• Use tracer gas or recognizable source odour

Diagnostics and Management

Diagnostics (continued)

Diagnostics and Management

Management Strategies

• Educate and Coach building users
• Manage Expectations
• Provide Supplemental Equipment
• Verify Building Systems are Functioning as

Expected

• Complete Mitigation Repairs
• Act Quickly

Diagnostics and Management Management Strategies

• Educate and “Coach”

Diagnostics and Management Management Strategies

• Educate and “Coach”

Diagnostics and Management Management Strategies

• Educate and “Coach”

Diagnostics and Management Management Strategies

• Manage Expectations (we can make it better...but)

Diagnostics and Management Management Strategies

• Verify Function of Building System (Make-up Air, Exhaust etc..)

Diagnostics and Management Management Strategies

• Supplemental Equipment

Diagnostics and Management Management Strategies

• Supplemental Equipment

Diagnostics and Management Management Strategies

• Complete Mitigation Repairs… but remember:
• Mechanical system can’t overwhelm nature
• Can’t block all pathways
• Blocking pathways is expensive
• Still need to manage expectations

What Can Be Done Within Your Condominium Corporation?

• Statutory Framework in Ontario
• Condominium Hierarchy
• Declaration
• By-Laws
• Rules
• Fines?
• WHAT WILL NOT FLY?

Existing Restrictions

• No smoking in enclosed public places/indoor common

elements

• Smoke-Free Ontario Act, 2017
• Declaration or Rules typically already prohibit nuisances and

dangerous conditions

Additional Restrictions

• Declaration or Rules can restrict smoking on common

elements, exclusive-use common elements (e.g. balconies) or in units

• Declaration or Rules can restrict cannabis use or cultivation of

plants

Declaration Amendment

• Board resolution, owners’ meeting to consider

proposed amendment, and written consent of at least 80% of units

• Registration on title

Rules

• Board resolution and notice to owners
• Owners' meeting to vote on rules required if owners

requisition meeting within 30 days of notice

• Rules must be reasonable
• Rules must either:
• Promote the safety, security or welfare of the owners; or
• Prevent unreasonable interference with the use and enjoyment of

the units, the common elements and the assets of the condominium corporation

Grandfathering

• Grandfathering exception for pre-existing smokers
• Grandfathering may not apply to cannabis smokers
• Why? -> If Rule is passed before cannabis use becomes legal
• "Grandfathered" smoker must still adhere to nuisance

provisions

• E.g. may be asked to stop smoking on the property altogether if

complaints about their smoking are received from other residents

Medical Use & Duty to Accommodate

• Exception for medical cannabis use
• Accommodation for disability-related needs up to the point of undue hardship
• Managing tension between the right of accommodation and the right to

a smoke-free residence

• Potential for competing disabilities
• Balance rights to best accommodate as many residents as possible

Bias Awareness

• Importance of value-neutral approach
• Consider all options:
• One size does not fit all
• Decide which tools you want to use
• What are the risks you have to manage?

ENFORCEMENT

Step One: Talk it Out Once a complaint is received, a good first step is to talk to the individual complained about It may not be effective, but it never hurts to try and could save a lot of time, money, and hard feelings

ENFORCEMENT

Step Two: Compliance Letter If talking does not resolve the matter, or if the behaviour is more serious, a letter from the Corporation should be sent, setting out:

• The conduct complained of;
• What part of the Act/Declaration/Bylaws/Rules is being breached; and
• Potential consequences, including getting a lawyer involved (and

associated legal costs, which may be charged back to the unit owner)

ENFORCEMENT

Step Three: Lawyer’s Letter If the letter from the Corporation does not work, the next step is to get the Corporation’s lawyer involved. Sometimes people will take lawyer letters more seriously. Again, the lawyer’s letter should set out:

• The conduct complained of;
• What part of the Act/Declaration/Bylaws/Rules is being breached; and
• Potential consequences, usually mediation/arbitration or court application (and

associated legal costs, which may be charged back to the unit owner)

ENFORCEMENT

Step Four: Mediation/Arbitration or Court Application Section 132(4): a disagreement between Corporation and unit owner must go to mediation/arbitration if disagreement re declaration, bylaws, or rules. If breach of Act (e.g. s. 117, damage to property or injury to individual), then can bring a court application. Can still do mediation/arbitration, and may want to consider it – is a less antagonistic procedure (especially mediation) and can go more quickly than court.

ENFORCEMENT

Tenants If the person committing the breach is a tenant, the steps are slightly different. Step One: Talk to the tenant and the landlord/unit owner

• It is the landlord’s responsibility to ensure that tenants comply with

declaration/bylaws/rules, but Corporation can choose to enforce if landlord can’t/won’t Steps Two and Three: Same as for unit owners – Corporation letter (to tenant and landlord), then lawyer’s letter Step Four: no mandatory mediation/arbitration, can go straight to court application – but again, may want to consider med/arb

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