Cannabis and the law

Cannabis: Rental properties and landlord responsibilities

Can a person smoke cannabis in an apartment unit?

People 19 and over can smoke cannabis in their unit or on their balcony unless their building’s rules say otherwise. The Landlord Tenant Board (Tribunals Ontario) is a source of additional information for your community.

Can a landlord ban cannabis use in an apartment unit?

People 19 and over are allowed to use cannabis in their unit or on their balcony unless their building’s rules say otherwise. The Landlord Tenant Board (Tribunals Ontario) is a source of additional information for your community.

Are landlords responsible for cannabis use in the public areas of their building?

Yes. As per the Smoke-Free Ontario Act 2017 (Government of Ontario), smoking and vaping cannabis is prohibited in any indoor common area of a multi-unit dwelling including but not limited to elevators, hallways, laundry facilities, parking garages, and lobbies. Landlords are responsible for establishing rules related to cannabis use and enforcing those rules in their rental units and on their outdoor property. Contact the property landlord for information about smoking cannabis in a rental unit or on outdoor rental property.

How can landlords implement a policy to prohibit cannabis use in their rental units and outdoor property?

Information to support the development of a smoke-free policy for rental units, condominiums, housing co-operatives, community, and social housing is available to landlords and tenants at Smoke-Free Housing Ontario’s website . In addition, the Ontario Tenancy Agreement (PDF) may be helpful.

Enforcement of cannabis legislation

What are the fines for smoking cannabis in a prohibited area?

Anyone in contravention of smoking cannabis in a prohibited area can face a maximum penalty of up to $1,000 on first offence and $5,000 thereafter. Public Health Sudbury & Districts’ enforcement officers conduct regular checks of prohibited property to ensure compliance with the Smoke-Free Ontario Act 2017 (Government of Ontario).

Who enforces cannabis legislation?

Cannabis possession, sale, and distribution is enforced by the local police service. Public Health Sudbury & Districts enforcement officers respond to complaints related to individuals smoking and vaping in enclosed workplaces, and public places, as well as on prohibited property to ensure compliance with the Smoke-Free Ontario Act (Government of Ontario). Anyone found to be using tobacco or cannabis, either through smoking or vape products, in an enclosed workplace or public place or on prohibited properties, could be charged with an offence under the Smoke-Free Ontario Act. Landlords, business owners, and proprietors are responsible for enforcing the rules on their own private property.

The Alcohol and Gaming Commission of Ontario (AGCO) is the provincial regulator authorized to grant store licenses and is responsible for monitoring sales at licensed stores.

Are proprietors responsible for enforcing smoke-free policies in their establishments (bar or restaurant)?

Yes. As per the Smoke-Free Ontario Act 2017 (Government of Ontario), and Smoke Free Ontario Act 2017 Regulation (Government of Ontario), it is against the law to vape, smoke, or hold lighted cannabis or tobacco in restaurants or bar patios (including within a 9-meter radius of a bar or restaurant patio). Proprietors are responsible for enforcing these rules on their premises.

Are employers responsible for enforcing smoke-free policies in their workplaces?

Yes. As per the Smoke-Free Ontario Act 2017 (Government of Ontario), and Smoke Free Ontario Act 2017 Regulation (Government of Ontario), it is against the law to vape, smoke, or hold lighted cannabis or tobacco in enclosed workplaces and workplace vehicles. Employers are responsible for enforcing these rules on their premises.

Are business owners, proprietors, and landlords required to post new signs that reflect the new legislation?

The current “No-Smoking” signs that are being utilized for tobacco can continue to be used to include smoking cannabis. “No Vaping” signs will be required for the prohibition of electronic cigarettes.

Where can business owners, proprietors, and landlords get “No-Smoking” and “No Vaping” signs?

Business owners, proprietors, and landlords can contact their local public health unit to acquire “No-Smoking” and “No Vaping” signs once they are available.

Prohibition on places of cannabis consumption

Where can’t I smoke/vape cannabis?

There are currently bylaws in Greater Sudbury that regulate smoking tobacco in designated public places and workplaces. The bylaws do not include cannabis at this time.

As per the Smoke-Free Ontario Act 2017 (Government of Ontario) and Smoke Free Ontario Act 2017 Regulation (Government of Ontario), it is illegal to vape, smoke, or hold lighted cannabis in:

enclosed public places and enclosed workplaces (includes workplace vehicles)
schools (includes the property) and a building or the grounds surrounding the building of a private school (including within 20 meters from the property of a school)
any indoor common area of a multi-unit dwelling
child care centres, home child care centres, and any place where an Early Years Program or service is provided
the reserved seating area of a sports arena or entertainment venue
hospitals (including the property), psychiatric care facilities (including the property), and long-term care facilities (any area indoors and within a 9-metre radius surrounding any entrance or exit)
restaurants or bar patios (including within a 9-meter radius of a bar or restaurant patio)
motor vehicles when a person who is less than 16 years of age is in the vehicle
children’s playgrounds and all public areas within 20 metres of any point on the perimeter of a children’s playground
sporting areas and public areas within 20 metres of any point on the perimeter of a sporting area or a spectator area adjacent to a sporting area (some exceptions apply to certain locations)
community recreational centre (includes the property and 20 meters from the property’s perimeter)

How far is the buffer zone around schools?

Public areas within 20 metres of any point on the perimeter of a school are prohibited vaping or smoking areas¹.

Are people allowed to consume cannabis on the street?

The Smoke-Free Ontario Act (Government of Ontario) does not prohibit people from consuming cannabis on the street if users are not within prohibited areas. Currently, there are no bylaws prohibiting people from consuming cannabis on the street.

Are people allowed to consume cannabis on patios at branches of the Royal Canadian Legion or other veterans’ organizations?

Cannabis cannot be smoked or vaped on patios, including those operated by a branch of the Royal Canadian Legion or another veterans’ organization¹.

Can a person consume cannabis while driving?

No. As per the Smoke-Free Ontario Act 2017 (Government of Ontario), it is illegal to smoke cannabis in any manner while driving or as a passenger in a vehicle or boat. Cannabis impairment can last, unknowingly, for a prolonged period of time. Driving after using cannabis can lead to an injury to yourself or someone you care about, a license suspension, an arrest, and even a criminal record. Impaired driving is 100% preventable.

Can cannabis be consumed in a boat?

The Smoke Free Ontario Act 2017 (Government of Ontario), and Smoke Free Ontario Act 2017 Regulation (Government of Ontario), prohibits the smoking of cannabis as a driver or passenger in a boat regardless of whether the boat is in motion. Cannabis can be consumed in a boat with permanent sleeping accommodations and permanent cooking and sanitary facilities, while the boat is at anchor or is secured to a dock or land and is being used as a residence. It is prohibited to smoke cannabis on boats that are being used to carry passengers for hire.

Can cannabis be consumed while driving a snow machine?

As per the Smoke Free Ontario Act 2017 (Government of Ontario), it is prohibited to smoke cannabis as a driver or passenger on a snow machine regardless of whether the snow machine is in motion.

Can cannabis be consumed in a recreational vehicle (RV)?

As per the Smoke-Free Ontario Act 2017 (Government of Ontario), and Smoke Free Ontario Act 2017 Regulation (Government of Ontario), cannabis can be smoked in a motor vehicle that is equipped with permanent sleeping accommodations and permanent cooking facilities, such as a recreational vehicle, while it is parked in a place that is not a highway and is being used as a residence.

Can cannabis be consumed in a houseboat?

As per the Smoke Free Ontario Act 2017 (Government of Ontario), and Smoke Free Ontario Act 2017 Regulation (Government of Ontario), cannabis can be consumed in a boat with permanent sleeping accommodations and permanent cooking and sanitary facilities, while the boat is at anchor or is secured to a dock or land and is being used as a residence. It is prohibited to smoke cannabis on boats that are being used to carry passengers for hire.

Can a home health care worker prevent a person from consuming cannabis in their presence?

Yes. Every home health care worker has the right to request a person not vape, smoke, or hold lighted cannabis in the home health care worker’s presence while they are providing health care services.¹

Reg. 268/18: GENERAL under Smoke-Free Ontario Act, 2017, S.O. 2017, c. 26, Sched. 3. https://www.ontario.ca/laws/regulation/180268.

Prohibition on sale, possession, and cultivation of cannabis

Is cannabis legal?

Yes, as of October 17, 2018, cannabis was legalized under the federal Cannabis Act.

Are cannabis edible products legal?

Yes, as of October 17, 2019, cannabis edible products (Government of Canada) and concentrates were legal for sale. In Ontario there are specific rules and regulations (Government of Ontario) which apply to cannabis edible products and concentrates.

What is the age of legal consumption?

In Ontario, the age of legal consumption is 19 and over. Public Health is advising the public to visit the Ontario Cannabis website (Government of Ontario) for more information.

Where can cannabis be purchased in Ontario?

Cannabis can be purchased (Government of Ontario) through an online retail store, the Ontario Cannabis Store, or at a licensed retailer in your area.

What rules surround opening a retail cannabis store?

The Alcohol and Gaming Commission of Ontario (AGCO) is the provincial regulator authorized to grant store licenses. The Ontario Cannabis Store is the exclusive wholesaler and distributor to private retail stores¹.

Government of Ontario. (2022, June 29). Buying recreational cannabis. https://www.ontario.ca/page/buying-recreational-cannabis#section-2

This item was last modified on September 10, 2024