Second-Hand Smoke Laws

                              DURAND VILLAGE TENANT ASSOCIATION

                                         Not-for-profit & Unincorporated                        

                                                   dvtassociation@gmail.com.

                                                       dvtassociation.blogspot.ca 

SECOND-HAND SMOKE IN 

                            MULTI-UNIT HOUSING :  

                                      Smoke-Free Housing Ontario 

Attention:  All Tenants

"What does the law say about smoking in multi-unit housing?

Under the Smoke-Free Ontario Act, smoking tobacco, or cannabis, and the use of electronic cigarette (vaping) is prohibited in the enclosed common areas including lobbies, elevators, hallways, parking garages, etc*.  It is the responsibillity of the landlord to post required 'No Smoking' signs and to ensure that the law is followed.

The Residential Tenancies Act balances the rights and responsibilities of the landlords and tenants and provides the opportunity for dispute resolution at the Landlord and Tenant Board.  Under the law, tenants have a right to reasonable enjoyment, which is the right to use and enjoy their unit and to be protected against interference by the landlord or other tenants."

"Is a no-smoking policy discriminatory?

 

No. Neither the Canadian Charter of Rights and Freedoms nor the Ontario Human Rights Code explicitly protects smokers as a class. Smoking is not a human right."

"Is it legal for a landlord to adopt a no-smoking policy for private rental units and balconies?
 

Yes. It is absolutely legal for landlords to adopt no-smoking policies. Neither the Residential Tenancies Act, 2006 nor the Social Housing Reform Act, 2000, or any other Ontario legislation prohibits a landlord from instituting a no-smoking policy that prohibits tenants or guests of tenants or anyone else from smoking inside a leased residential unit. Landlords have the right to impose additional obligations or restrictions on tenants beyond the standard lease agreement, as long as these requirements do not conflict with the Residential Tenancies Act, the Human Rights Code or any other federal law. Landlords have the right to protect their investment and designate all or part of a building as no-smoking, including individual units, balconies or the entire property."

DVTA President
Doreen South 
August 7, 2019