Smoking and Cannabis Lease Clauses in Newfoundland and Labrador

Yes. The government guide says a landlord may prohibit smoking or growing cannabis as a condition of the rental agreement. It lists "No smoking (tobacco or cannabis)" and "No cultivation of plants" as reasonable terms. The Standard Rental Agreement has a section with checkboxes for no smoking tobacco, no smoking cannabis and no growing cannabis plants.

The ban works best when it is written into the lease before the tenant signs. A rule that is written down, reasonable and given to the tenant when the agreement is made is far easier to enforce than one you mention later.

The Smoke-free Environment Act, 2005 bans smoking in a common area of a multi-unit residential building, including corridors, lobbies, stairwells, elevators, eating areas and washrooms (section 4(1)(q)). "Smoking" under that Act covers ignited tobacco, ignited cannabis and vaping an e-cigarette. The research behind this guide did not find that the Act covers the inside of a rental unit. That is why a lease clause matters.

The Cannabis Control Act adds that a person may not consume cannabis in a public place or anywhere smoking is banned under the Smoke-free Environment Act, 2005. In a multi-unit building, that includes the common areas above.

The Cannabis Control Act limits a person to 4 cannabis plants. It also limits adults living together: if two or more people aged 19 or older ordinarily live in the same dwelling house, they cannot have more than 4 plants in total there at any one time.

A landlord may still ban growing altogether. The legal limit is the most a tenant could have, not a right to grow in your unit. If you want no plants, say so in the lease. If you allow some, set your own limit in writing and keep it within the law.

1. Tick the smoking and growing choices on the Standard Rental Agreement, form RT-2018-00044, or add the same terms to your own version.
2. Say what the ban covers: tobacco, cannabis, vaping, balconies, patios and common areas.
3. Say whether growing is banned or capped.
4. Give the tenant a copy of any building rules at signing, together with any later amendments.
5. Keep the lease terms consistent with the Act. A term that goes against the Act is void.

Read the Newfoundland lease agreements guide and how to write a lease agreement for the rest of the lease. The forms guide explains the required statutory conditions.

No government source read for this guide says whether a landlord can add a new no-smoking rule to an existing tenancy. No section of the Act lets a landlord change the terms of an existing agreement alone. The few changes the Act addresses are rent increases under section 16 and a new paid service, such as parking, which needs both sides to agree in writing.

The safe route is to ask the tenant to agree to the new term in writing. If the tenant refuses, ask the Residential Tenancies Office before you treat the rule as binding. For a new tenant, put the ban in the lease at signing.

Government policy lists "No smoking" as an example of a material term. A breach of a material term follows the process in section 20 of the Act:

1. Give the tenant written notice of the breach.
2. If the tenant does not fix it within a reasonable time, give a termination notice, which the government guide sets at not less than one month before the end of the rental period.
3. If the tenant stays, apply to the Residential Tenancies Office for an order of possession.

The breach of material term policy explains the process. Keep dated notes, photographs and any complaints. See what to do if a tenant violates the lease and how to evict a tenant in Newfoundland.

Medical cannabis. The government guide points to the Human Rights Commission for medical cannabis questions. The Commission's guidelines say a landlord may have little or no duty to accommodate a need to smoke if that would be undue hardship, so get advice before you refuse.

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