Many landlords tell us that they would love to be able to implement a no-smoking policy, but don’t want to include anything in the lease that they can’t enforce. Others are under the impression that no-smoking policies are illegal or discriminatory. The good news is that no-smoking policies are legal, non-discriminatory AND enforceable.
This section aims to simplify and clarify the issue by presenting information on:
- the laws that have a bearing on the problem of second-hand smoke infiltration in multi-unit dwellings in Ontario;
- a legal opinion on the prevention of smoking in multi-unit dwellings in Ontario by Perley-Robertson, Hill & McDougall
- relevant case law from the Ontario Landlord and Tenant Board.
Landlords and tenants who cannot resolve their differences amicably can file applications for adjudication at the Landlord and Tenant Board.
The Landlord and Tenant Board (LTB) was created by the Residential Tenancies Act (RTA) on January 31, 2007. The RTA gives residential landlords and tenants rights and responsibilities, and sets out a process for enforcing them. The RTA also sets out the process for resolving non-profit housing co-operative (“co-op”) eviction disputes.
The role of the LTB is to:
- resolve disputes between landlords and tenants through mediation or adjudication
- resolve eviction applications from co-ops
- provide information to landlords and tenants about their rights and responsibilities under the RTA
Ontario landlords are increasingly willing to take their second-hand smoke issues to the Board. We have a modest collection of such decisions, including some recent applications involving landlords successfully enforcing their no-smoking policies.