Cannabis Legalization in Vancouver: What Landlords Need to Know

On October 17, 2018, Canadians will be allowed to legally buy and smoke recreational marijuana. People across the country have mixed feelings about the new legislation, but we can all agree on one thing: the new cannabis laws spell inevitable change for Canadian citizens.

There are many rules that vary considerably from province-to-province that regulate how cannabis can be sold, where stores may be located, and how stores must be operated.

But how will the new Cannabis laws affect you as a landlord in Vancouver? Once the Cannabis Control and Licensing Act (CCLA) or Bill C-30 comes into play, this will ensure changes to the residential tenancy act too.

Read on to discover what you need to know as a landlord.


Cannabis Laws: Amendments to The Residential Tenancy Act

One main reason that the residential tenancy act was put into place is to protect a landlord’s right to their property and tenants’ right to privacy. This considered, it’s important to be respectful of your tenants space once marijuana is legalized.

So how to you do this while ensuring that your property is kept in tip-top condition? Your best bet is to understand the rules and ask the right questions, especially when it comes to tenants smoking and growing cannabis.



As a landlord, you want to avoid smoke damage, frustrated neighbours, and most importantly, breaking the law.

The residential tenancy act now includes Section 21.1, which addresses the issue of smoking marijuana in residential homes.

If you’ve already been protecting your property by implementing a no-smoking clause, we have good news for you. Smoking cannabis will be prohibited in residences if your tenancy agreement already includes a non-smoking clause. However, if your agreement allows tenants to smoke tobacco then they are also permitted to smoke marijuana on your property.

This applies to any agreements entered into before the date of legalization. If you want to restrict use of cannabis in the future, make sure to include a prohibition in your tenancy agreement that specifically restricts smoking and vaporizing cannabis.



Morals set aside, there are several good reasons to prevent your tenants from growing pot.

The ideal environment that facilitates a happy crop can be detrimental to the condition of your property. Growing quality cannabis requires high-humidity and poor humidity control can result in mold and spider mites. Additionally, the pungent smell that’s associated with growing marijuana can be off-putting to neighbours or potential renters.

So just how exactly can you prevent your tenants from growing cannabis?

Until the CCLA comes into effect, tenants are not allowed to grow cannabis on residential property unless:

-the plants are medical cannabis

-Your tenancy agreement is not breached as a result of tenants growing the plants; and

-The tenant is permitted to grow cannabis under federal law.

Moving forward, the best thing you can do to prevent new tenants from growing cannabis on your property is to include a section in your tenancy agreement that prohibits it.


Final Thoughts

When it comes to landlord concerns about the new cannabis laws, the best precautionary measure is to include a section in your residential tenancy agreement that specifically prohibits growing, smoking, and vaping marijuana in your property.

Still concerned about your property and the new cannabis laws? Noble & Associates Property Management is dedicated to helping landlords manage properties better. Feel free to contact us today - we’ll gladly answer your questions.