Smoking and Cannabis Lease Clauses in Manitoba

Two layers apply. The first is provincial law that bans smoking in certain places. The second is your own lease or house rules.

Common areas are covered by law. Under The Smoking and Vapour Products Control Act, no one may smoke or use an e-cigarette in an enclosed public place. The definition includes the common areas of a residential building and elevators. "Smoke" includes smoking tobacco or cannabis. The proprietor of the place must make sure no one smokes or vapes there (s. 2).

The Residential Tenancies Branch (RTB) says that hallways, elevators and group-use spaces in a residential building must be smoke-free and that landlords must make sure tenants comply. Its guide still uses the older name of the Act, The Non-Smokers Health Protection Act. The current Act lists that as a former name.

Inside a unit, no provincial ban was found. The research found no provincial rule that bans smoking inside a rental unit. That means a ban inside the unit comes from your lease or house rules, not from the Act.

A no-smoking clause is treated as a house rule. Under The Residential Tenancies Act, a landlord may set and enforce rules on the tenant's use and occupancy of the unit and complex if the rules are in writing, made known to the tenant and reasonable in all the circumstances (s. 11(2)). The Manitoba Human Rights Commission lists smoking among the topics landlords may reasonably set rules about.

At signing is the cleanest route. Put the rule in the lease or hand over the written rules before the tenant signs. Extra lease terms must not be inconsistent with the form or the Act, and any obligation on the tenant must be reasonable (s. 11(1)).

Mid-tenancy is less certain. The RTB says a landlord can add or change rules during a tenancy, should give reasonable notice for a significant change, and a tenant who faces hardship can ask the Branch whether the change is reasonable. The research found no smoking-specific answer on whether this lets you ban smoking for a tenant who already smokes in the unit. Treat that as open. If you want a new ban for an existing tenant, ask the RTB first.

The Act applies whatever the lease says, so a clause cannot take away rights the Act gives. Keep the clause simple and tied to what the research supports.

1. Say what is covered. Name smoking tobacco, smoking cannabis and vaping, so the rule is not left to argument.
2. Say where it applies. The unit, balcony or patio if you intend that, and the common areas. The common-area ban is already law, so state it as a reminder.
3. Put it in writing and show it to the tenant. A rule only counts if it is in writing and made known. Add it to the lease or attach a signed rules sheet.
4. Keep it reasonable. A rule that is clear and tied to your building is easier to defend if the RTB has to decide.
5. Give a copy. For a written lease you must give the tenant a signed copy within 21 days.

Form 1 itself says additional rules must be in writing, reasonable and consistent with the Act. If you use a different lease, the form's terms are deemed part of it, and anything inconsistent is void. See the Manitoba forms and wording guide and the lease agreements guide.

Smoking cannabis is covered by the same rules as tobacco. It is banned in common areas, and a ban in the unit would be a house rule. Using cannabis in a public place is also banned unless permitted by regulation or the smoking Act.

Growing is where the research is thin. Under The Liquor, Gaming and Cannabis Control Act, a person 19 or older may grow up to four cannabis plants in their residence (s. 101.26.1). That Act has no landlord or tenancy provision. The research did not find an RTB page or a section saying whether a lease or house rule can ban growing. Because of that, do not assume a ban on growing will be enforced. Confirm with the RTB before you rely on one.

Selling. Unlawful sale of cannabis in a rental is deemed a safety risk that allows a five-day notice (s. 96(3.1)).

Medical use. The Human Rights Code protects disability, and the Manitoba Human Rights Commission says a landlord should ask for information showing that cannabis use is part of a treatment plan and consider whether vaping or another form would work. Think about this before enforcing a ban against a tenant who uses cannabis medically.

• Smoking in a common area. You must make sure tenants comply, so act on a report. Talk to the tenant and follow up in writing.
• Smoke drifting between units. The RTB suggests discussing it with the landlord. A landlord may be able to seal the unit more tightly or allow the tenant to move to another unit.
• Repeated breach of a lease rule. The cause route in the research starts with a written warning to fix the problem within a reasonable time. If it continues, a notice of one rental payment period applies (s. 96). The research did not confirm which ground fits a breach of a house rule, so ask the RTB before serving a notice.
• Going to the RTB. If the tenant stays after a valid notice, you apply for an order of possession. The Branch will not grant one on an invalid notice.

Move-out. The RTB says it is not unreasonable to expect walls and ceilings to be left reasonably clean. A tenant is not liable for reasonable wear and tear (s. 72(2)). For claims against a deposit, see the Manitoba security deposit guide and what to do if a tenant violates the lease.

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