Is There Still a Purpose for a No Smoking Rule?
In my view, the answer is: Yes, there are still important reasons to consider a No Smoking Rule.
If a condominium corporation does not have a No Smoking Rule, it’s true that the corporation can (and in fact has an obligation to) still enforce the prohibition against nuisances caused by unreasonable odour or smoke found in Section 117(2)(b) of the Act and Section 26 of Regulation 48/01. Therefore, the condominium corporation might still be able to require a smoker to take steps to prevent their smoke from bothering others. [This might, for example, include a requirement that the smoker use and/or upgrade exhaust fans or air purifiers, or that the smoker improve the perimeter seals of the unit, or even that the smoker stop smoking.]
However: Depending upon the circumstances, this might require certain evidence. For instance,
- It might be important to establish the cause of the smoke transfer.
- It might be important to show that the smoke transfer is not due to any common element deficiency.
- It might be important to show that the smoking is “unreasonable” or excessive.
- It might be important to establish the resulting impact of the smoke transfer (upon other residents who are disturbed by the smoke transfer).
On the other hand, if the condominium corporation has a No Smoking Rule, it may only be necessary to show that the smoker is indeed smoking (in contravention of the Rule).
So in summary: It may often be easier – with a No Smoking Rule – to prove a violation.
For that reason, condominium corporations may still be interested in No Smoking Rules (despite the above provisions in the Act and Regulations).
As always, stay tuned to Condo Law News to keep up to date on the latest developments in condominium law!