Implementing a No-Smoking Policy

To implement a no-smoking policy:

  • Insert details of the no-smoking policy into Section 10 of the Standard Lease and application form for new and renewing tenants.
  • Have tenants initial the no-smoking clause when they sign the lease–if the policy is enforced at the Landlord and Tenant Board, this makes it more difficult to claim they were not aware of the policy when they moved in.
  • Be clear to new tenants exactly what the no-smoking policy means. If there will be no-smoking floors, let them know which ones they will eventually be. If the goal is for the entire building to be 100% smoke-free, be clear about the transition before a lease is signed. Inform potential tenants that:
    • There are grandfathered tenants who are permitted to smoke in the building and you can’t guarantee a 100% smoke-free environment until the transition is complete.
    • While smoking is permitted in grandfathered units, complaints of second-hand smoke will still be addressed if there is a significant amount of smoke entering units.
  • While you cannot ban smoking in existing tenancies, you can offer all existing tenants the opportunity to sign a no-smoking addendum to their current tenancy agreement.
  • Develop communication materials to notify existing tenants by tenant notification letter. Explain that on the stated effective date, the no-smoking policy will be in effect for new tenants.
  • Inform existing staff, property/service managers and superintendents by letter. While existing resident managers are ‘grandfathered’ while off-duty in their rental units, all new resident managers must abide by your no-smoking policy. The Smoke-Free Ontario Act continues to apply to resident managers while on duty.
  • Post signage in appropriate locations. If your policy applies to the entire property, consider a sign by the parking lot, on the outside of the building and indoors that says “Welcome to Our Smoke-Free Property.”
  • Post the policy on the building website.
  • Remove ashtrays from areas where smoking is prohibited.
  • Consider issuing a press release. Earned media is a great way to advertise.
  • Advertise smoke-free units in directories or websites where your building is listed.
  • Once your policy has been in place for six months to a year, consider a survey to get feedback on what your tenants think. Feedback can be useful to make improvements and positive comments can be used to promote your smoke-free building.
  • Consider providing support for smokers who may wish to quit. Contact your local public health unit for support.

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Disclaimer – The information in this section is of a general nature and is to be used for informational purposes only. This information is not legal advice. If you are unclear about your rights or responsibilities, we highly recommend that you seek legal advice from an appropriate professional.
Smoke-Free Housing Ontario