Hastings and Prince Edward Counties Health Unit

Smoke-free apartments legal in Ontario

In Ontario, landlords have the legal right to designate specific apartment units or entire buildings smoke-free.

Landlords may legally include “no smoking “clauses in all new tenancy agreements. A smoke-free policy is no different than a no-pets rule or policy that prohibits loud music. For smokers already in buildings, landlords can initiate a grandfather clause that allows them to stay. Once the smoker moves out, smoking will no longer be permitted in that unit.

Global Agencies, based in Winnipeg, designated over 5000 units smoke-free and used the grandfather clause for existing tenants. They now have a waiting list for their smoke-free buildings.

Canadians spend two-thirds of their time indoors. Yet people who live in apartments and condominiums have no protection from drifting second-hand smoke (SHS). That’s a serious health risk that society needs to recognize. There is no safe level of exposure to second-hand smoke. Since May 31, 2006, under the Smoke-Free Ontario Act smoking is prohibited in common areas of apartment buildings and condominiums. This includes elevators, stairwells and hallways, parking garages, laundry rooms, lobbies and exercise and party rooms.

There are many benefits to landlords who make their buildings smoke-free:
• Protects the health of tenants from the effects of poisonous second-hand smoke.
• Decreases maintenance costs and fire damage.
• Meets market demand for smoke-free buildings.
• May reduce insurance costs.
• Reduces turnover rates because of dissatisfied residents.

Ontarians are now protected from SHS in public places and workplaces throughout the province, but many remain unwillingly exposed to SHS in public places and their own homes. According to a 2006 Ipsos Reid survey on drifting second-hand smoke in multi-unit dwellings, two-thirds of Ontario residents would prefer to live in a smoke-free building. With over 80 per cent of Ontarians being non-smokers there is a growing demand for smoke-free buildings. In response to increasing demands for smoke-free accommodation, landlords in Ontario and across Canada are raising the bar and adopting policies that go beyond provincial legislation.

There are two very good web sites available to assist you in developing a no-smoking policy:
Smoke Free Housing Ontario

Smoke-Free Housing Canada

They will provide landlords and tenants with all the information needed to create smoke-free policies, including:
• A how-to-guide for adopting a no-smoking policy
• Tools to make your transition easier
• Important information on laws and legal issues, including legal opinion
• Survey data regarding multi-unit residences experiences with second-hand smoke intrusions.

Other Related Links:

The Smoke-Free Ontario Act

Non-Smokers’ Rights Association

The Landlord and Tenant Board

SmokeFree East

Other Resources:

• Smoke-Free Living in Multi-Unit Dwellings pamphlet (TUP – 5)
• Smoke-Free Ontario Act –fact sheet
How the Act Affects: Condominiums, Apartment Buildings and College and University Residences
• A Landlord’s Guide to No Smoking Policies in Ontario
• Information Packages for Landlords – contains the above documents, Smoke-Free Ontario Act fact sheet, no smoking signs for windows and walls and Smoke-Free Living in Multi-Unit Dwellings pamphlet