Condo Smoking Rules in Ontario: Smoke, Vaping and Cannabis

By Eric Plant, Director, RCM, MBA

Why smoke complaints are hard for condo boards

Few complaints reach a condo board as often, or with as much frustration, as smoke. An owner smells cigarette smoke in their bedroom at night, cannabis odour in the corridor every evening, or vapour drifting up from the balcony below. In a high-rise, air moves through gaps around pipes and electrical boxes, along corridors and between stacked balconies, so one resident's habit can affect several suites.

Boards are caught between owners who expect action and owners who believe that what they do in their own unit is their business. The answer depends on several layers of law: a provincial smoke-free law for indoor common areas, the nuisance provisions of the Condominium Act, 1998, the corporation's own declaration and rules, human rights obligations and, if the dispute escalates, the Condominium Authority Tribunal (CAT). This article walks through each layer and offers a practical complaint process. It is general information, not legal advice.

Layer one: the Smoke-Free Ontario Act and indoor common areas

The Smoke-Free Ontario Act, 2017 sets a baseline every Ontario condominium must follow. Section 12 prohibits anyone from smoking or holding lighted tobacco, smoking or holding lighted cannabis, or using an electronic cigarette in listed places. One of those places is "any indoor common area in a condominium, apartment building or university or college residence", and the Act gives examples: elevators, hallways, parking garages, party or entertainment rooms, laundry facilities, lobbies and exercise areas.

Three points are worth noting for boards:

It covers vaping and cannabis, not just tobacco. The prohibition expressly includes lighted cannabis and electronic cigarettes, so a "no smoking" rule that mentions only cigarettes does not narrow what the law already prohibits.
It applies to indoor common areas. The interior of a unit is not an indoor common area, and for its workplace rules the Act treats private self-contained living quarters in a multi-unit building as primarily private dwellings. An outdoor balcony or terrace is not an indoor area either. The Act does not, on its own terms, ban smoking in either place.
The parking garage counts. Underground garages are named in the list, which matters because residents sometimes treat them as outdoors.

What the proprietor has to do

Section 15 of the Act places duties on the "proprietor" of a place listed in section 12, defined as "the owner, operator or person in charge". In a condominium that will usually point to the corporation and, depending on the arrangement, the people running the building for it. The proprietor must ensure compliance, give notice of the prohibitions, post the prescribed signs, make sure no ashtrays or similar equipment remain in the area, and ensure that a person who refuses to comply does not remain there.

The sign requirements are in Ontario Regulation 268/18. Section 16 requires a proprietor to post the government's tobacco and electronic cigarette signs for proprietors, or the single combined sign, at each entrance and exit of the area, in appropriate locations and in sufficient numbers so people know smoking and vaping are prohibited. Signs must be conspicuous and not obstructed. The sign files are published by the Government of Ontario.

Layer two: section 117 and smoke as a nuisance

Inside units and on balconies, the main tool is the Condominium Act, 1998 itself. Section 117(2) says no person shall carry on, or permit, an activity in a unit, the common elements or the corporation's assets that results in the creation or continuation of unreasonable noise, or any other prescribed nuisance, annoyance or disruption to an individual in a unit, the common elements or the assets.

Section 26 of Ontario Regulation 48/01 prescribes five such nuisances, "if it is unreasonable": odour, smoke, vapour, light and vibration. Since January 1, 2022, smoke, vapour and odour have therefore been addressed in the Act the same way as noise. If you have read our article on noise and nuisance in Toronto condominiums, the framework will look familiar.

The key word is "unreasonable". The Act does not prohibit all smoke or odour. Whether a particular situation crosses the line depends on the facts: how often it happens, how strong it is, how long it lasts, the time of day, where it is noticed and how it affects the people living with it. Good records matter more than strongly worded letters.

When smoke is a health or safety issue

Section 117(1) is a separate prohibition. No person shall, through an act or omission, cause a condition to exist or an activity to take place that is likely to damage the property or the assets, or to cause an injury or an illness to an individual. A balcony fire risk from discarded cigarettes, or a cannabis grow operation causing moisture damage, may raise section 117(1) rather than, or as well as, a nuisance issue. As discussed below, this distinction affects which forum can hear the dispute.

Layer three: your declaration and rules

Many Ontario declarations say nothing about smoking. Newer ones sometimes prohibit smoking in units, on balconies or both, and some older corporations have adopted rules on the subject. Our guide to the declaration, by-laws and rules explains how these documents fit together. For smoking, the questions are usually these:

What does the declaration already say? A prohibition in the declaration is the strongest position. Changing the declaration is a formal process under section 107 of the Act that requires a board resolution, a meeting of owners and the written consent of a high percentage of owners, so it is not a quick fix.
Can a rule do the job? Section 58 lets the board make rules respecting the use of the units, the common elements and the assets to promote safety, security or welfare, or to prevent unreasonable interference with the use and enjoyment of the units and common elements. Rules must be reasonable and consistent with the Act, the declaration and the by-laws. Whether a full in-suite smoking ban made by rule would hold up depends on the corporation's documents and circumstances, so get legal advice before drafting one.
Should existing smokers be grandfathered? Some corporations phase in a restriction for future owners and residents while allowing a registered exemption for existing ones. This can reduce conflict, but it must be drafted carefully and applied consistently.

How a new rule takes effect

Under section 58(6), when the board makes, amends or repeals a rule it must give owners notice that includes a copy of the rule, the proposed effective date, a statement that owners have the right to requisition a meeting under section 46, and the text of sections 46 and 58. Under section 58(7), the rule is not effective until 30 days after notice if no requisition is received. If owners do requisition a meeting within that time, it becomes effective if quorum is not present at the first attempt to hold the meeting, or if quorum is present and the owners do not vote against it. Owners can also amend or repeal a rule at a meeting called for that purpose.

Cannabis: what is different

For condo purposes, smoking or vaping cannabis is treated much like tobacco. The Smoke-Free Ontario Act, 2017 prohibition on smoking or holding lighted cannabis in indoor common areas sits alongside the tobacco prohibition, and cannabis smoke, vapour and odour fall within the same section 117(2) and section 26 framework when unreasonable. A few issues come up more often with cannabis:

Odour from non-smoked cannabis. Strong odour from storage, drying or cultivation can be a nuisance even without smoking, because odour is a prescribed nuisance on its own.
Home cultivation. Growing cannabis at home is governed by federal and provincial law, but declarations and rules may also address it, and moisture, mould, ventilation and electrical load can raise property damage concerns under section 117(1).

Medical cannabis and the duty to accommodate

Boards sometimes receive a request from an owner or tenant who uses cannabis for medical reasons and asks to be exempted from a smoking rule. The Human Rights Code gives every person a right to equal treatment with respect to the occupancy of accommodation, without discrimination because of disability, among other grounds. Where a rule has an adverse effect on a person because of a disability, the corporation may have a duty to accommodate them to the point of undue hardship, considering cost, outside sources of funding and health and safety requirements.

This does not mean any medical document automatically permits smoking anywhere. Accommodation is individual. Options may include using a non-smoked form, a time or location arrangement, or measures that reduce smoke transfer to neighbours, who may have their own health concerns. Because the analysis depends on the facts and the information provided, boards should handle these requests confidentially, document the process and get legal advice.

A practical process for smoke complaints

A consistent process protects the corporation and treats everyone fairly. In our experience, it works best in steps:

Intake. Ask the complainant to record dates, times, duration, where they noticed it, what it smelled like and any effect. A simple log is far more useful than a single email.
Investigate the source. Smoke is often blamed on the wrong suite. Staff can check corridors, stairwells and garage areas, and where appropriate arrange an inspection of the possible source and the affected unit. Section 19 of the Act allows the corporation or a person it authorizes to enter a unit or exclusive-use common element area at a reasonable time on giving reasonable notice to perform the corporation's objects and duties.
Look at the building. Gaps around pipes, failed weatherstripping on suite doors, or ventilation and corridor pressurization problems can move smoke between units. Sealing and balancing work sometimes solves a problem that letters cannot.
Communicate with the source. Start with a courteous letter that describes the concern and refers to section 117 and any relevant rule.
Escalate in proportion. If the issue continues, a firmer compliance letter, often from the corporation's lawyer, may follow. Section 119 requires every owner and occupier to comply with the Act, declaration, by-laws and rules, and requires an owner to take all reasonable steps to ensure their occupiers and invitees comply, so landlords of rented units should be copied.
Keep the file. Logs, letters, inspection notes and photographs of signage form the record a tribunal will want to see.

Boards dealing with other recurring use issues will notice the same pattern in our article on pet rules: clear documents, fair process and early communication prevent most disputes from escalating.

When the dispute goes to the Condominium Authority Tribunal

Since January 1, 2022, the CAT has heard nuisance disputes. Under section 1 of Ontario Regulation 179/17, its jurisdiction includes disputes about section 117(2) of the Act and section 26 of Ontario Regulation 48/01, and disputes about declaration, by-law and rule provisions that prohibit, restrict or otherwise govern those activities or any other nuisance, annoyance or disruption. That covers most smoke, vapour and odour complaints.

There is an important exception. Under section 1(3) of the regulation, these nuisance categories do not apply to a dispute that is also about section 117(1). If the core allegation is that a condition is likely to damage the property or cause injury or illness, the matter may belong in court instead. Framing the complaint correctly at the outset saves time.

The CAT can make the orders set out in section 1.44 of the Act, including an order directing a party to comply, an order requiring a party to take or stop a particular action, compensation for damages caused by non-compliance up to $25,000 (rising to $50,000 on July 1, 2027 under an amendment to Ontario Regulation 179/17), and costs under its rules. Our article on mediation, arbitration or the CAT explains how to choose the right route when a dispute does not settle.

A short checklist for boards

Confirm signs comply with the Smoke-Free Ontario regulation at every indoor common area entrance and exit, including the garage.
Review what your declaration and rules say about smoking, vaping and cannabis, and whether that still reflects owners' expectations.
Adopt a written complaint process with a standard log.
Budget for building fixes, such as suite door seals and ventilation balancing, that reduce smoke transfer.
Route accommodation requests through a confidential, documented process with legal advice.

How Brilliant Property Management can help

Brilliant Property Management has supported Ontario condominium boards since 2002. We run consistent complaint and compliance processes, coordinate the building investigations that often find the real source of smoke, keep the records boards need if a matter reaches the CAT, and work with corporation counsel when rules or accommodation requests need legal input. Learn more about our condo property management in Toronto, review our management services, or request a proposal for your building.

Frequently asked questions

Is smoking allowed in condo hallways and lobbies in Ontario?

No. The Smoke-Free Ontario Act, 2017 prohibits smoking or holding lighted tobacco or cannabis, and using an electronic cigarette, in any indoor common area of a condominium. The Act lists examples including elevators, hallways, parking garages, party rooms, laundry facilities, lobbies and exercise areas.

Can an Ontario condo ban smoking inside units or on balconies?

The provincial smoke-free law does not, by its own terms, reach the inside of a unit or an outdoor balcony. Whether a corporation can restrict smoking there depends on its declaration and on rules made under section 58 of the Condominium Act, 1998, which must be reasonable and consistent with the Act, the declaration and the by-laws. Many corporations get legal advice on whether a rule or a declaration amendment is the right tool.

Can the Condominium Authority Tribunal hear a smoke or cannabis odour complaint?

Generally yes. Ontario Regulation 179/17 gives the CAT jurisdiction over disputes about section 117(2) of the Act and the nuisances prescribed in section 26 of Ontario Regulation 48/01, which include smoke, vapour and odour when unreasonable, and over declaration, by-law and rule provisions governing those nuisances. A dispute that is also about section 117(1), such as a condition likely to cause injury or illness, falls outside that jurisdiction.

Does a medical cannabis user have to be allowed to smoke in their unit?

Not automatically. The Human Rights Code protects equal treatment in the occupancy of accommodation without discrimination because of disability, and a corporation may have a duty to accommodate a documented need short of undue hardship. Accommodation is assessed case by case and may involve alternatives that also protect neighbours, so boards should get legal advice before deciding.

This article is general information about the Condominium Act, 1998, Ontario Regulations 48/01 and 179/17, the Smoke-Free Ontario Act, 2017 and Ontario Regulation 268/18, and the Human Rights Code, current as of October 2026. It is not legal advice. Your obligations depend on your declaration, by-laws, rules and circumstances. Consult your condominium lawyer about your corporation's situation.