Smoking and Cannabis in New Brunswick Rentals

Yes, with limits. The Residential Tenancies Act says nothing about smoking, so the lease does the work. The government says landlords can restrict smoking and growing cannabis inside their units but cannot restrict consuming cannabis in other ways.

Three points matter:

• Unless the lease specifically says smoking or growing cannabis is prohibited, it is allowed in the unit.
• If you allow smoking in a unit, you cannot bar smoking cannabis there.
• A "no smoking" rule is enough to cover cannabis, so you do not have to rewrite it.

These statements come from the government's cannabis page for landlords and tenants.

The Smoke-free Places Act adds rules that apply whatever your lease says. The common areas of a multi-unit residential building count as an enclosed public place, and smoking is banned there. Smoking is also banned within 9 metres of a door, an air intake or a window of an enclosed public place. The usual allowance for smoking in and around a private residence does not apply to a multi-unit residential building.

"Smoke" includes vaping from an activated electronic cigarette. The Cannabis Control Act also bars smoking cannabis anywhere the Smoke-free Places Act bans smoking.

Under the Cannabis Control Act, an adult aged 19 or older may grow cannabis only in their own dwelling-house. Indoor plants must be in a separate locked space. Outdoor plants must be inside a locked enclosure at least 1.52 m high. The research did not confirm a plant count for New Brunswick, so none is stated here.

Consuming cannabis in a private dwelling needs the consent of the owner or occupant, and an occupant includes a tenant under a lease. Cannabis must be stored in a secure space that people under 19 cannot reach. Since 2024, a landlord may not knowingly allow premises to be used for illegal cannabis distribution or sale.

If you do not want plants in your unit, the lease must say so. Silence means growing is allowed.

The easy time to add a ban is when you sign. The Standard Form of Lease has a box in section 2E: "The premises or a portion of the premises are smoke-free (specify)." Tick it and say what is covered. See New Brunswick lease agreements.

During a tenancy it is harder. The research found no rule written for adding a no-smoking clause mid-tenancy. Under section 9 of the Act, you may add to the lease only if the tenant agrees, and the addition must appear on both originals. Other changes to the form are void. The one exception is a tenancy where the same tenant has lived there for five consecutive years or more. There you may alter a term other than the rent on at least three months' written notice if the change does not conflict with the Act and is reasonable and fair. The tenant has 15 days to ask an officer to review it.

Whether a smoking ban fits that five-year route has not been confirmed, so ask the Tenant and Landlord Relations Office first.

1. Tick the smoke-free box in section 2E and specify the unit, balcony and any other area covered.
2. Say that smoking includes tobacco, cannabis and vaping.
3. If you want no plants, say that growing cannabis is prohibited.
4. Remind the tenant that smoking is banned in the common areas of a multi-unit building and within 9 metres of doors, windows and air intakes.

Keep additions short and do not cancel any right the Act gives the tenant. An addition that changes a right or duty in the Act is not valid.

Treat it as a breach of a lease term. Start with a written notice stating the complaint. A conduct complaint must be fixed immediately, and other complaints within seven days. If the tenant does not comply, you report to the Tenant and Landlord Relations Office, and an officer can order compliance. See ending a tenancy in New Brunswick and what to do if a tenant violates the lease.

The government also lists extensive damage, a health or safety risk and illegal activity as reasons to apply to end a lease early. Do not change the locks or cut utilities to enforce a rule. Only an officer or a judge can evict.

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