Cannabis legalization: Where you can and can’t smoke

Legalized marijuana is less than two days away, but with the province’s new cannabis legislation introduced only late last month, it’s possible some in Ottawa might still feel hazy about where they will be allowed to smoke marijuana as of Oct. 17.

It’s important to note there are several different rule-setters at play here in the national capital.

The Progressive Conservative government’s bill regulating recreational pot, which is working its way through the legislature now, will allow adults 19 years and older to smoke marijuana wherever cigarette smoking is permitted and will match places that are off-limits with those set out in the Smoke-Free Ontario Act.

The city of Ottawa also has a no-smoking bylaw, which adds some extra restrictions on where people can light up any kind of substance within city limits. It’s possible the city might decide to add more down the road.

There’s also the National Capital Commission (NCC) to consider. The federal Crown corporation owns a number of parks and outdoor spaces in Ottawa, which aren’t governed by city bylaws. And post-secondary institutions in Ottawa, too, have rolled out their own cannabis policies.

(Before we hit the details, it’s worth mentioning that if the PCs’ new pot rules don’t receive royal assent by Wednesday, the rules technically set to go into effect that day are stricter ones passed by the former Liberal government, which limited pot smoking to private residences only. However, everyone is prepping for the regulations outlined in the new bill, expected to pass soon.)

With all that in mind, here is a (non-exhaustive) primer on where you can and cannot smoke pot in Ottawa as of Oct. 17.
Where smoking marijuana is allowed, once the provincial cannabis legislation passes

If you are a homeowner, you can smoke in your house and in your yard. But if you rent an apartment with a no-smoking clause in your lease, you have to abide by the contract
Designated smoking rooms in hotels, motels and inns
Parks and outdoor spaces that don’t belong to the city of Ottawa, including those owned by the National Capital Commission (scroll down for more information on the NCC’s approach)
Sidewalks
Parked vehicles and boats with passengers 16 years of age and older

Where smoking marijuana is not allowed

Any apartments and condominiums in buildings where the condo board has passed a no-smoking policy
Common areas in condo and apartment buildings, post-secondary residences, health care facilities, hotels, motels and inns (including lobbies, elevators, stairwells and hallways)
Municipal property (including city parks, beaches, ball diamonds and other playing and sports fields)
Enclosed workplaces and their common areas (including washrooms, lobbies and parking garages)
Bars and restaurants (including covered and uncovered outdoor patios)
At or near schools, both public and private
On or near children’s playgrounds
Licensed child care facilities (including when children are not present)
On hospitals grounds or near hospital entrances and exits, as well as areas were home health care workers work
Long-term, psychiatric and veterans’ care facilities (unless they have a controlled smoking area)
Moving vehicles and boats (in other words, don’t drive high)
Vehicles and boats (parked or moving) with passengers under the age of 16

The city of Ottawa has launched a website with more information on using recreation and medical marijuana, available here.

NCC working on cannabis policy

There are a number of parks and other outdoor spaces in Ottawa that belong to the NCC – including Confederation Park, Major’s Hill Park and Hog’s Back Park, to name a few – and therefore don’t fall within the city’s jurisdiction.

Mark Kristmanson, the head of the NCC, told reporters in September the commission is working on its own cannabis policy and ultimately wants it to be “as consistent as possible” with municipal pot smoking rules and restrictions.

In the meantime, however, NCC regulations don’t outright ban smoking in the areas it owns and manages, which leaves some interesting inconsistencies in the short term among outdoor smoking rules in the national capital.