No-Smoking Clauses in Leases, Province by Province

A landlord can write a smoking ban into a rental agreement in the provinces whose governments have published guidance on it, as of 27 October 2026. The ban has to be written down. What it cannot do easily is reach backwards: for tenants already living there, most provinces require consent or notice, and the details differ.

What do the provinces say?

Province	Can the landlord ban smoking?	Existing tenants
British Columbia	Yes. The requirement must be stated in the tenancy agreement.	Without a clause, tenants may smoke or vape in units and on balconies. The province also notes that some buildings with a no-smoking policy still have residents who moved in before it and may smoke.
Alberta	Yes. A landlord or condo board may prohibit smoking of all substances in buildings or on properties.	New rules during a tenancy need the tenants’ written consent; otherwise they apply when the tenancy ends.
Quebec	Yes, in new leases. Lessors may include clauses prohibiting smoking cannabis, as they can for cigarettes.	For a one-time window in 2018-19 lessors could send a notice adding a cannabis-smoking ban; the lessee could refuse only for medical reasons. The page we read does not describe other mid-lease changes.
Nova Scotia	Yes. Landlords can add smoking rules, and can allow tobacco but not cannabis if the rules say so specifically.	Written notice at least 4 months before the lease anniversary. The tenant may then end the tenancy on Form C.
Ontario	The government page says smoking in a private home is allowed unless a lease, agreement or condo bylaw says otherwise.	It does not set out notice rules for adding a ban.
Manitoba	A building no-smoking policy binds tenants; without one, smoking in a unit or on a balcony is permitted.	It does not set out notice rules.

The pattern is consistent. Canadian law has no “smoker’s right”, as Manitoba’s government puts it, but a landlord’s power to forbid comes from the contract. If the contract is silent, the tenant generally may smoke inside.

How should a ban be added to a new lease?

Put it in the agreement itself. In Nova Scotia, no separate notice is needed for a new lease, but the landlord must give the tenant a copy of the rules before signing. Quebec’s tribunal confirms lessors may include a clause in new leases. If you are drafting one, our smoke-free lease clause generator gives sample wording, and the landlord and property manager toolkit covers the surrounding policy.

Be specific about what is banned. Nova Scotia’s page says a landlord who wants to allow tobacco but not cannabis must state that specifically in the rules. B.C. notes that a no-smoking clause written before 17 October 2018 covers smoking cannabis but not vaping it, so older leases may not cover everything a landlord assumes.

Can a landlord change the rules mid-lease?

Not freely. Alberta’s handbook says landlords can change or add rules during the tenancy only with the written consent of the tenants. Nova Scotia is the opposite approach: notice of at least four months before the anniversary date lets a landlord add the rule, and the tenant who disagrees can end the tenancy. Delivery counts too; Nova Scotia lists personal delivery, mail slot, registered mail, courier and, if the lease allows it, email.

What if a tenant smokes against the lease?

In British Columbia smoking where the agreement bans it is a breach. The tenant may have to pay for smoke damage, and the landlord should first talk to the tenant; if the problem continues, the landlord can end the tenancy. Alberta’s handbook says that if a tenant keeps violating the rule, it may be a substantial breach and the landlord may apply to terminate. In Nova Scotia the landlord can apply to a Residential Tenancies hearing to end a tenancy when lease terms are broken.

A ban also changes the tenant side of a complaint about a neighbour. For that, see where to complain about smoke in an apartment and the tenants’ guide to smoke-free housing. A building-wide approach can be written up with the smoke-free building policy template. This is general information, not legal advice.