Smoking and Cannabis in BC Rentals

Yes, with a clause. The BC government says landlords can ban smoking, vaping and the growing of cannabis plants in rental units, and the requirement must be stated in the tenancy agreement. If the agreement has no no-smoking or no-vaping clause, tenants may smoke or vape in their units and on balconies.

The ban must still fit the Residential Tenancy Act. A term is unenforceable if it is inconsistent with the Act, unconscionable, or not clearly expressed (s.6(3)), so state exactly what is banned. See the BC smoking and cannabis page.

The cleanest time is at signing. Put the clause in the written agreement as an additional term before the tenant signs. The standard terms cannot be changed, but other terms can be added (Act s.14).

No section of the Act deals directly with adding a ban mid-tenancy. Reading s.14(2) and Schedule s.1(2) of the Residential Tenancy Regulation together, a new term needs the tenant's agreement, in writing and initialled by both of you. A tenant who refuses cannot be forced to accept it. The government page also notes that a building with a newer no-smoking policy may still have existing residents who are allowed to smoke because they lived there before the policy began.

For agreements made before October 17, 2018, a term that bans or limits smoking tobacco is deemed to cover smoking cannabis too, unless the agreement expressly permits it (Act s.21.1). It does not cover vaping cannabis. Those agreements are also deemed to ban growing cannabis plants, apart from some federally authorized medical growing already under way.

Provincial law already bans some smoking regardless of your lease. Tobacco smoking and vaping are banned in the common areas of apartment buildings, condominiums and dormitories, and within 6 metres of a doorway, window or air intake of those places (Tobacco and Vapour Products Control Act s.2.3; Regulation s.4.21 and s.4.22). Smoking and vaping cannabis are banned in the same common areas, and within a prescribed distance of their openings (Cannabis Control and Licensing Act s.64). The government smoking page gives that distance as 6 metres.

Those are separate from your lease. A lease clause is what covers a tenant's own unit and balcony. See the Tobacco and Vapour Products Control Act and the Cannabis Control and Licensing Act.

An adult may grow no more than 4 non-medical cannabis plants per dwelling house, and the plants must not be visible from a public place (Cannabis Control and Licensing Act s.56). That is the legal ceiling for the home, not a right a tenant has against your lease. The government says landlords can restrict tenants from growing cannabis plants in or around rental units, and the tenancy agreement should clearly state whether growing is permitted.

1. Say what is covered: tobacco, e-cigarettes and vapes, and cannabis smoking and vaping.
2. Name the places: the unit, balconies and other outdoor areas you control.
3. State whether growing cannabis plants is allowed, and if so how many.
4. Have the tenant initial the clause so it is clearly agreed.
5. Keep a signed copy, and give the tenant theirs within 21 days (Act s.13).

Our guide on BC landlord forms explains the standard terms and Form RTB-1. For general lease writing, see the Ask page on how to write a lease agreement, and the BC condo rental rules if the unit is in a strata.

Tenants may have to pay for smoking-related damage to the unit, or the landlord can choose to end the tenancy. You can apply to the Residential Tenancy Branch (RTB) for dispute resolution to claim compensation; the filing fee is $100. If you want to end the tenancy for breaking the agreement, the form is the One Month Notice, RTB-33, and the tenant has 10 days to dispute it. An arbitrator then decides whether your notice is lawful. See notices to end a tenancy in BC and the Ask page on a tenant who violates the lease.

A neighbour who complains of smoke may argue a breach of quiet enjoyment. They must prove the smoke is ongoing and affecting their health and enjoyment of the unit.

This guide explains the rules in general terms; for a specific case, ask the tribunal or a licensed legal professional.