Can a Condo Ban Smoking Inside Your Unit?

A condo can restrict smoking inside owners’ units in the provinces we checked, but the legal tool differs. In British Columbia a strata corporation needs a bylaw passed by a 3/4 vote of owners to reach inside strata lots. In Ontario the restriction normally lives in the condominium’s declaration or rules. This page reflects official guidance as of 27 October 2026 and covers only British Columbia, Ontario and Alberta, the provinces where we found official condo guidance.

What is the difference between a bylaw and a rule in B.C.?

British Columbia’s government draws a clear line. A strata can create a bylaw, by a 3/4 vote of owners, or create a rule to limit or ban smoking and vaping. A bylaw can cover the strata lot as well as common property and limited common property. A rule can only limit or prohibit smoking on common property.

So if the goal is to stop smoking in living rooms, a rule will not do it. The province also suggests talking to a knowledgeable strata lawyer before adopting a bylaw that explicitly limits or bans smoking or vaping.

Can a strata act without a smoking bylaw?

Possibly. The province says almost all stratas already have bylaws against causing a nuisance or hazard, or unreasonably interfering with others’ use and enjoyment of property. Those can be used for second-hand smoke or vapour problems. The standard bylaws (Standard Bylaw 3) address nuisance and unreasonable interference.

The province also reminds stratas of their human rights duty to accommodate residents, owners and tenants who use medical cannabis. Non-medical cannabis users, by contrast, must follow any strata bylaw that bans or limits smoking.

Where do Ontario condos put smoking rules?

The Condominium Authority of Ontario says each corporation’s provisions differ, and they are most likely found in the declaration or the rules. By-laws and rules must be consistent with the declaration and must be reasonable. Read your own documents before you assume anything; a building next door may allow what yours bans.

Separately, the Smoke-Free Ontario Act, 2017 already bans smoking and vaping in the indoor common areas of condos, such as lobbies, stairwells and parking garages. That is a statute, not a condo rule.

When is smoke a nuisance, whatever the documents say?

Ontario’s Condominium Act, 1998 prohibits anyone from carrying on or allowing an activity that causes a nuisance (section 117(2)). The Authority says unreasonable smoke or vapour can be a nuisance regardless of what the governing documents say. Whether it is unreasonable depends on its source, amount, duration, frequency and whether it affects someone’s use and enjoyment of their property.

The Condominium Authority Tribunal can hear smoke and vapour nuisance disputes even if the documents do not mention them. It cannot take issues likely to cause illness or injury. Corporations must take all reasonable steps to ensure compliance (section 17(3)), and owners may act against a corporation that does not do so.

Who can use the Tribunal, and what about tenants?

Only owners and condo corporations can file Ontario Tribunal cases. A tenant or other non-owner occupant contacts the unit owner. In Alberta, section 53 of the Condominium Property Act requires tenants renting a condo to comply with all condo bylaws, whether or not they are in the tenancy agreement, according to the government’s tenancy handbook.

If you are an owner drafting a policy, see the smoke-free building policy template. Tenants of condo units will find the complaint route in where to complain about smoke in an apartment, and outdoor spaces are covered under smoking on balconies and patios. Keep dated records, as described in how to document smoke drift. This is general information, not legal advice.