Landlords Push to Ban Personal Cultivation over Insurance Concerns
Proposed Legislation and Personal Cultivation
Currently, the federal draft legislation allows the growing of up to four plants in private
homes. Provinces will have the authority to regulate home grows, however they will not be allowed to actually ban them. As a recent document released by the federal justice department states:
" A lower plant limit may be set in provincial legislation that is consistent with the federal objectives and allows for dual compliance with both provincial and federal limits, however a complete provincial prohibition on personal cultivation could be seen as frustrating the federal objective and thus be deemed inoperable ”.
However this has not stopped LandlordBC- an industry lobby group, from pushing the B.C government to ban the cultivation of marijuana in rental housing. In a 2017 submission to the Cannabis Legalization and Regulations Secretariat, LandlordBC noted:
" Insurance companies currently tend to cancel insurance policies when they learn any marijuana has been grown. That leaves a landlord with no liability insurance. That also leaves the landlord and the mortgage holder with no coverage if the building is destroyed or damaged by fire, even if the fire is unrelated to the marijuana,”.
What Does This Mean for Landlords?
It is unclear as to if the provinces will be permitted to fully-ban the personal cultivation of marijuana in private homes. As many landlords have experienced, maintaining coverage for your rental or commercial property is nearly impossible once the insurance company has discovered marijuana being grown.
Fortunately, we have developed a program custom-tailored to the additional risks imposed upon landlords. Although we are one of the few brokerages in Canada offering this coverage, we suspect more insurers will begin easing their fears and entering the industry as legislation becomes law.
If you’re a landlord looking for cannabis specific coverage, please don’t hesitate to give us a call. Our dedicated team of brokers are eager to provide you with comprehensive coverage tailored to the scope of your operations.