Landlord and Manager Toolkit for a Smoke-Free Building

Yes, a landlord or property manager can adopt a smoke-free policy, and the official sources we read treat it as lawful. The catch is how the rule reaches a unit that is already rented. This toolkit is current to 27 October 2026 and draws on British Columbia, Ontario and Toronto Public Health material, because those were the official pages we could read. Your own province’s tenancy rules decide what you can do.

What is already banned by law?

Before adding anything, know what the law already covers. Ontario bans smoking and vaping in any common indoor areas of condos, apartment buildings and college and university residences, with elevators, hallways and laundry rooms as examples. Alberta’s Act counts the common areas of a multi-unit residential facility, including patios, pools and enclosed parking garages, as a public place. Saskatchewan treats common areas of multi-unit residential buildings as enclosed public places. British Columbia keeps tenants of multi-unit buildings 6 metres from doorways, open windows and air intakes connected to common areas.

Inside a unit it is different. Ontario says that unless a lease, agreement or condo bylaw says otherwise, a person can smoke or vape in their private home. The Northwest Territories tells renters to check with the landlord. So a policy fills a real gap.

Can you ban smoking in the units?

Toronto Public Health says it is legal for landlords, condo or co-op members or owners to make a building 100% smoke-free, in all or part of it, including units, patios and balconies. It adds that the change can come in stages.

In British Columbia the rule must be stated in the tenancy agreement. Without a no-smoking or no-vaping term, tenants can smoke or vape in their units and on balconies. One wording trap: an agreement with a no-smoking clause signed before 17 October 2018 covers smoking cannabis but not vaping it, so older clauses may need updating for new tenancies.

What about tenants who already live there?

Toronto Public Health is direct: landlords cannot change current tenancy agreements. A non-smoking clause goes into new agreements, which means existing tenants may keep smoking until they move out, and units become smoke-free as they turn over. British Columbia describes the same pattern, noting that some buildings have a policy but still allow residents who lived there before it began.

We did not find official guidance on amending a running tenancy in other provinces. Before you try, ask your provincial tenancy office. The smoke-free lease clause generator produces wording to edit, and the building policy template is a plain starting text.

How do you roll a policy out?

1. Pick the scope. Common areas only, common areas plus balconies and patios, or the whole property including units.
2. Consult residents. Toronto Public Health recommends including both smokers and non-smokers in meetings or committees.
3. Write it down. Put the rule in the tenancy agreement or condo bylaw, with the date it starts and who it applies to.
4. Post signs. In Alberta the manager of a place where smoking is prohibited must post signs, and common areas are covered. Signs are good practice elsewhere.
5. Give quit help. Link residents to free quit-smoking help by province.
6. Keep records. Dates of notices, complaints and repairs matter if a dispute reaches a tribunal.

How should you handle complaints?

Take them seriously and in writing. Toronto Public Health says landlords must act on all reasonable complaints, and that a landlord who knows about a problem and does nothing may face a claim for breach of reasonable enjoyment. British Columbia says landlords must address concerns from non-smoking tenants in buildings that allow smoking, or risk dispute resolution. A tenant who says smoke breaches their quiet enjoyment must show the problem is ongoing and affects their health and enjoyment of the unit.

In Ontario a landlord may apply to evict a tenant whose smoking interferes with the reasonable enjoyment of other tenants or seriously impairs safety, and the Landlord and Tenant Board decides each case on its facts. A tenant’s side of this process is in the tenants’ guide to smoke-free housing.

Who pays for smoke damage?

In British Columbia, tenants are financially responsible for smoke damage. The landlord should speak to the tenant first and, if the damage is not repaired, can seek dispute resolution for payment. Smoking in a unit where it is banned is a breach, and if talking does not stop it the landlord can end the tenancy. The page does not set amounts or deposit rules.

Does a ban discriminate against smokers?

Toronto Public Health says a no-smoking policy is not a no-smoker policy. A landlord cannot refuse a tenancy to, or evict, someone for being a smoker. It notes that residents with health conditions have claimed discrimination and that tenants have won cases at the Landlord and Tenant Board. The Ontario Human Rights Commission’s rental housing policy says landlords have a legal duty to accommodate tenants when legitimate concerns arise based on Code grounds and must balance the legitimate concerns of all tenants. The page we read does not discuss smoking, so take advice if a tenant raises a disability.

Will ventilation fix it?

Health Canada says there is no level or type of ventilation that eliminates the harmful effects of second-hand smoke. Toronto Public Health says smoke can travel through electrical outlets, duct work, cable or phone jacks, pipes and gaps in walls, floors and ceilings, and that some buildings share systems that force smoke from one unit into another. It suggests sealing cracks, weather stripping doors and upgrading ventilation systems as repairs. Treat those as support for a policy, not a replacement. Health Canada also lists lower fire risk and lower cleaning and repainting costs among the benefits of a smoke-free home.

This toolkit is general information, not legal advice. Tenancy law differs by province and changes, so confirm with your provincial tenancy office or a lawyer.