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Landlords > Laws & Legal Issues

It is completely legal for a landlord to adopt a no-smoking policy for all new tenancies.

While existing tenants must be grandfathered, Landlords can ban smoking in individual rental units, including outdoor balconies, or any areas of the residential property.

A no-smoking policy is no different than a policy that prohibits pets or barbeques. Yet many landlords are unaware of this important fact.

This section describes the laws and legal issues related to the regulation of smoking in residential rental buildings, offering valuable information about:

Laws in BC		Various laws impact the landlord and tenant relationship, including: local and provincial laws; residential tenancy laws; and human rights laws. Read more.

Quiet Enjoyment		The Residential Tenancy Act stipulates that tenants are entitled to quiet enjoyment of their property, which includes the right to be free from unreasonable disturbances by other tenants. This can include second-hand smoke. Read more.

Legal Opinion		In March of 2008, The Heart and Stroke Foundation of B.C. & Yukon commissioned a legal opinion to determine the legality, process and challenges for creating and implementing a no-smoking policy in multi-unit dwellings in compliance with the British Columbia Residential Tenancy Act. Read more.

Case Law		There is an emerging body of case law and dispute resolution decisions in BC in various jurisdictions across Canada concerning second-hand smoke in multi-unit dwellings. Read more.