Sample Smoke-Free Building Policy for Landlords and Boards

General information only. This is a sample, not legal advice and not a substitute for your lease, bylaws or your province’s tenancy rules. It cites no law on purpose. Replace the bracketed parts, delete the options you do not use, and have a lawyer or your provincial tenancy office check the result before you issue it. Start with the landlord and property manager toolkit for the reasoning behind each choice.

How to use this template

Three points from official sources shape the wording. In British Columbia a no-smoking rule must be stated in the tenancy agreement. Toronto Public Health says landlords cannot change current tenancy agreements, so the rule normally starts with new tenancies. And Toronto Public Health recommends involving both smokers and non-smokers when you develop the policy. The options below let you phase the change.

The sample policy

[Building or property name] Smoke-Free Policy

1. Purpose. [Owner / board name] wants every resident to be able to breathe clean air in their home and in shared spaces. This policy sets where smoking and vaping are not allowed on the property.

2. What the policy covers. In this policy, “smoking” means holding or using lit tobacco or cannabis. “Vaping” means using an electronic cigarette or any device that produces an aerosol for inhalation. Both are covered wherever this policy says smoking is not allowed.

3. Where smoking is not allowed. Choose one.

• Option A, shared spaces: in hallways, lobbies, stairwells, elevators, laundry rooms, parking garages and other indoor shared areas.
• Option B, shared spaces plus outdoor areas: everything in Option A, plus balconies, patios, entrances and the grounds, and within [distance] metres of doors, windows and air intakes.
• Option C, whole property: everything in Option B, plus inside every unit.

4. Who must follow it. Residents, their guests, staff, contractors and visitors. Residents are responsible for their guests.

5. When it starts and who it applies to. This policy starts on [date]. It applies to every new tenancy or occupancy agreement signed on or after that date, and the rule is written into the agreement. [Existing residents: describe how, if at all, the policy applies to them, and confirm that this is allowed where you are.]

6. Signs. [Owner / manager] will post no-smoking signs at entrances and in shared areas covered by this policy.

7. Complaints. A resident who is bothered by smoke or vapour should tell [contact name and method] in writing, with dates and times. We will acknowledge the complaint within [number] days, look into it, and tell the resident what we decided. We will keep a record of each complaint and what we did.

8. If someone does not follow the policy. Step 1, a friendly reminder. Step 2, a written notice. Step 3, further action as the agreement and the law in [province] allow. Residents are responsible for smoke damage that results from breaking this policy, as the agreement and the law allow.

9. Support to quit. Residents who want to stop smoking can call the toll-free quit line 1-866-366-3667 to talk to a quit coach, or look up their province’s service. [Add local services.]

10. Fairness. This is a no-smoking policy, not a ban on smokers. People who smoke are welcome to live here and must follow the rules above. If a resident has a health or disability-related concern about this policy, they can raise it with [contact], and we will consider it carefully.

11. Review. [Owner / board] will review this policy every [number] months and consult residents, smokers and non-smokers, before changes.

Signed: [name, title, date]

Before you issue it

• Check whether your province lets you add the rule to a tenancy that is already running. We did not find official guidance for every province, so ask your tenancy office.
• Keep wording consistent with the lease or condo bylaw. If they conflict, the dispute will turn on the signed document.
• Do not describe ventilation as a fix. Health Canada says there is no level or type of ventilation that eliminates the harmful effects of second-hand smoke.
• Add the policy to move-in packages and renewals.

To draft a clause for the lease itself, use the smoke-free lease clause generator. Tenants reading a policy like this can find their options in the guide to smoke-free housing.