The Régie du logement and the medical use of cannabis

The subject of extensive media coverage, the Cannabis Regulation Act (CQLR, C-5.3, hereinafter the "Act") allows residential building owners to modify the conditions of their leases by adding a prohibition against smoking cannabis, which a lessee may then refuse for medical reasons:

107. A lessor may, until 15 January 2019, modify the conditions of the lease of a dwelling by adding a prohibition against smoking cannabis.

To that end, the lessor must give the lessee a notice of modification describing the prohibition against smoking cannabis applicable to the use of the leased premises.

The lessee may refuse the modification for medical reasons. The lessee must do so by informing the lessor of the refusal within 30 days after receiving the notice of modification. In such a case, the lessor may apply to the Régie du logement, within 30 days after receiving the notice of refusal, for a ruling on the modification of the lease.

In the absence of a refusal, the prohibition is deemed entered in the lease 30 days after the lessee received the notice of modification.

However, the Act does not define the terms medical reasons, thus leaving the task up to a judge.

On March 7, 2019, the Régie du logement adopted a broad interpretation of the concept (Gestion Immobilière Langlois inc. c. Brodeur 2019 QCRDL 6783*).

A lessee refused a notice of modification of her lease, claiming she uses cannabis for medical reasons. She stated that she suffers from diet- and sleep-related health issues for which she has been receiving medical treatment for several years and affirmed that cannabis helps her achieve a sound balance in her sleeping and eating habits.

However, the lessee did not have a medical document authorizing her to use cannabis for medical purposes to treat her condition. Indeed, her primary care physician allegedly admitted that he would not prescribe cannabis in her particular case.

Still, the physician provided a statement: "This patient uses cannabis and affirms that it helps with her appetite and insomnia." [Translation]

The Régie du logement found that the lessee did not need to provide a medical prescription to prove she consumed cannabis for medical reasons. It therefore refused to modify the lease to prohibit her from using cannabis in her home.

Essentially, the main conclusion to be retained from the decision is that the Régie du logement appears to have adopted a broad interpretation of the notion of medical reasons, and proof of a prescription, though ideal, is not required to demonstrate the medical use of cannabis.

Still, even in the absence of a clause prohibiting the use of cannabis, the lessor retains all rights in the event of a disturbance or contravention of the Act or any obligations under the lease.

Should you have any questions regarding your rights and obligations as they pertain to dwelling leases, do not hesitate to contact one of our real estate law experts.

*At the time of writing, the period to file an appeal had not yet expired, and the decision may be appealed.