Pubdate: Wed, 29 Mar 2017
Source: Globe and Mail (Canada)
Copyright: 2017 The Globe and Mail Company
Contact:  http://www.theglobeandmail.com/
Details: http://www.mapinc.org/media/168
Author: Andrea Woo
Page: S1

LANDLORDS AIM TO CURB GROW-OPS AHEAD OF CANNABIS LEGALIZATION

Federal legislation to legalize recreational marijuana is expected to
allow Canadians to grow up to four plants at home, but B.C. landlords
- - wary of safety hazards, damage and liability - hope to nip those
concerns in the bud by adding restrictions into rental agreements on
grow-ops.

Ottawa signalled this weekend that it expects to introduce legislation
before April 20 - a day cannabis is celebrated around the world - and
the recreational use of the drug would reportedly be legalized by July
1, 2018. A federal task force struck to inform the government's
approach to legalization made 80 recommendations, including that
Canadians be allowed to grow up to four plants per residence.

But B.C. landlords say that growing marijuana - particularly in a
multi-unit building - carries more risks than smoking it. Potential
dangers include fire hazards from high-wattage lamps; mould growth
from higher temperatures and humidity; and offensive smells,
particularly during the flowering and drying phases.

David Hutniak, chief executive of the advocacy group Landlord BC, said
such issues could result in the cancellation of a building's insurance
or the pulling of its mortgage.

It's already become a source of conflict for medical-marijuana
patients, who aren't required to inform their landlords that they are
licensed by Health Canada to grow their own cannabis. About 30,000
people across Canada currently have permits to grow marijuana for
medical use.

Mr. Hutniak thinks landlords will have more flexibility when it comes
to recreational marijuana.

"It's a tough one," Mr. Hutniak said. "[Medical marijuana] is a
therapy that some people need, but we really struggle with the fact
that they can start a little grow-op in a rented premises.
Legalization will make it more readily available. Our hope is that
people won't have to grow their own, or at least not in a rented
premises, I guess."

Mr. Hutniak said his association will be modifying its tenancy
agreements to include language regarding marijuana, which will be
restricted like pets. As well, the Canadian Federation of Apartment
Associations, of which he is the board chair, last month submitted to
Health Canada a 10-page document outlining concerns and
recommendations relating to marijuana legalization. It has not
received a response.

Darryl Spencer, a landlord in Kamloops, rented the downstairs suite of
a home to a tenant in December, 2015. Investigating a complaint from
an upstairs tenant the following September, he learned the downstairs
tenant held a medical-marijuana licence and was growing pot in his
suite.

In an inspection, Mr. Spencer discovered 60 plants growing in a tented
enclosure, 400-watt lights hanging from the rafters and several fans
blowing. The upstairs neighbour complained of breakers going off and
heat coming through the walls.

When the landlord informed his insurance company, his insurance was
promptly cancelled.

Under federal regulations introduced last August, medical marijuana
licence holders are not required to notify or seek the consent of
their landlords, "as such requirements would likely infringe on their
right to reasonable access to cannabis for medical purposes,"
according to Health Canada.

Mr. Spencer says he has no problem with people growing and using
marijuana - he supports legalization - but says that tenants should be
required to seek permission from their landlords, who should then be
allowed to refuse.

"What's happening now is landlords that are taking on tenants are
beefing up their tenancy agreements, saying no smoking, no marijuana
growing - all those things in there," he said. "The problem and the
conversation right now is that even if you have that in your
agreement, you may not be able to enforce it."

Landlord BC is advising members who are concerned about the legality
of grow-operations in suites - medical now, or recreational in the
future - to check the authenticity of medical-marijuana licences and
investigate whether applicable rules are being followed.

Vancouver City Councillor Kerry Jang, a point person on the city's
cannabis issues, said the city has "made it loud and clear" that if it
is expected to enforce any new marijuana-related rules, the federal
government must provide all necessary resources.

"We will not accept any downloads from the province or the federal
government on this file," he said. "If you want our cops to go in and
check houses, then you better provide money because we're not going to
be raising property taxes to pay for that."
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MAP posted-by: Matt