Reason for the new Rules Regarding Cannabis and Smoking at PSCC 960
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1. Why did the Board of Directors decide to act on the changes to the legislation regarding the personal use of cannabis?
At the Annual General Meeting held in January of 2019, owners of suites at PSCC 960 asked the Board of Directors to look into the issue of cannabis and cigarette smoking within 3985 Grand Park Drive. With assistance from the Corporation’s Solicitor, the Board of Directors created a survey on this topic that was handed out to all owners to complete and return to Property Management. Based on the results of this survey, the Board of Directors has created rules for cannabis and tobacco smoking at PSCC 960.
2. Are there currently any ongoing issues regarding smoking?
YES. While the board recognizes that some smokers do so responsibly and with great consideration to other residents, some smokers do not. Some of the ongoing issues are:
â–ª Resident Complaints – The Property Manager routinely receives complaints from residents regarding smoke migrating between various units. There are also complaints regarding smoke migrating from the courtyard through open windows and into the units that face into that area. Additionally, there are complaints regarding smoke migrating between smokers and non-smokers at the roof top tables.
â–ª Personal Safety and Damage to Corporation Assets – Many cigarette butts have been discarded by being thrown from balconies. These butts have landed on other balconies, causing damage to personal property
â–ª Litter – Cigarette butts are often discarded from balconies or terraces and have caused personal injury to residents and damage to personal items. Cigarette butts are often found on exclusive use common elements (unit balconies) as well as Corporation Common Elements.
3. I am a smoker. Does this mean that I can no longer smoke in my own home?
NO. Smokers who register to be “grandfathered” will be exempt from portions of the new rules and can continue to smoke inside their own unit and within the designated outdoor smoking areas.
For the time being, the outdoor spaces will remain as previously designated but with some additional guidelines. These are:
â–ª within the exclusive use common area balconies and terraces of registered smokers who have been grandfathered,
â–ª within the designated area of the second-floor terrace near the “Smokers Pole,” and
â–ª outside the entrances to staircases A-B-C located near the Loading area garage door.
It should also be noted that, just because a unit resident has been grandfathered to smoke (whether tobacco or cannabis), that does not absolve the unit resident of the need to do so in a way that does not interfere with other unit residents’ reasonable enjoyment of their respective units. If a unit resident’s smoking causes a nuisance to other unit residents, the smoker may have their right to smoke revoked. Even before the amendments to the smoking rule, this provision was already in effect and it continues to be the Board of Directors’ obligation to enforce it.
4. As a smoker, how can I better prepare myself so that my smoking does not interfere with other residents’ reasonable enjoyment of their respective units and of the common elements.
Smokers should ensure that their unit’s ventilation system, including the fans and exhaust ducts, are maintained in good operating condition. The system should be turned on to assist in controlling smoke odors. Additionally, smokers can purchase a good quality smoke-eliminating air purification appliance and endeavour to maintain it in good operating condition. These are now readily available at many hardware stores. One can also the follow the example of the responsible smokers by smoking only in designated areas and by discarding their smoking materials respectfully and responsibly. Smoke migration will depend on a number of factors including but not limited to the number of smokers within the unit and the frequency in which they smoke. In implementing the above recommendations, this does not absolve the resident smoker from his/her responsibility to take further action. Smoke migration will depend on a number of factors including but not limited to the number of smokers within the unit and the frequency in which they smoke. In implementing the above recommendations, this does not absolve the resident smoker from his/her responsibility to take further action.
5. Will the new rules affect the personal consumption of edible cannabis products?
NO. The new legislation does not yet make it legal to possess or to consume edible cannabis products. Regardless of any further changes to the legislation, the consumption of edible cannabis products is beyond the scope of this initiative – the rules are being amended to address issues with smoke migration.
6. When do the amended rules become effective?
The new rules become effective 30 days from the posting of this notice. This will be May 1, 2019.
7. What can I do if I disagree with the amended rules?
An owner has the right to requisition a meeting for the purpose of expressing his/her disagreement with the amended rule. The requisition must be in writing within 30 days of the posting of this notice and must contain the signatures of at least 15% of the total unit owners. Upon receiving a requisition, the Board must then call and hold a meeting of owners within 35 days. Alternatively, if both the requisitioners and the Board consent, the business can be added to the agenda at the next annual general meeting. At the meeting, the requisitioners will be given the opportunity to discuss their objections on record, and to present an alternate strategy to manage the introduction of cannabis smoke. This would be an important meeting for all stakeholders to attend as a majority vote of the attendees at the meeting will determine if the amended rules become effective.