In addition to the various laws that are available, strata corporations can consider the option of adopting a specific non-smoking bylaw to address the problem of second-hand smoke in their complex.

It is legal for a strata corporation to adopt a bylaw that limits smoking to certain areas or that prohibits smoking completely.

Non-smoking bylaws can include many variations, but it is important to clearly stipulate which areas will be designated as non-smoking. Examples of non-smoking bylaws include:

• “Smoking Prohibition Bylaw” that bans smoking on the common property, limited common property such as balconies; and in strata lots.
• “Smoking Limitation Bylaw” that bans smoking on the interior common property, but not in individual strata lots or on the limited common property (balconies).
• “Smoking Limitation Bylaw” that bans smoking on the interior common property and on limited common property (balconies), but not inside strata lots.

However, regardless of which bylaw is chosen, the bylaw must comply with all legislation, including the:

• Strata Property Act
• Residential Tenancy Act
• Human Rights Code

It is recommended that restrictions and prohibitions be reasonably connected to the purpose of protecting the health and/or comfort of non-smokers. Strata corporations should seek legal advice before enacting a non-smoking bylaw. (See legal opinion)

Click here for information on creating a non-smoking bylaw in a strata complex.