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Cannabis in Condominiums
Agenda New Cannabis Smoking Legislation Restrictions Smoke Enforcement Migration
New Cannabis Legislation Federal: Bill C-45 Bill C-46 Ontario: Ontario Cannabis Cannabis Act, 2017 Smoke-Free Ontario Retail Corporation (Ontario) Act, 2017 Act, 2017
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 • 1950’s to 1970’s • Mechanical and Electrical Penetrations 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
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