Smoking and Cannabis Clauses in a Nova Scotia Lease

Yes, for the inside of a unit, the lease is where you set the rule. The Smoke-free Places Act covers an "enclosed place", and that definition excludes a private residence. So no provincial statute bans smoking inside a rented unit. Whether it is allowed there is up to the lease and the landlord's rules. Smoke-free Places Act

The Act's word "smoke" is broad. It covers tobacco, electronic cigarettes and other devices that burn or heat cannabis or another substance meant to be smoked or inhaled. A clause that names smoking, vaping and cannabis follows the same logic.

Common areas are different. Smoking there is banned by law, whatever your lease says. The next section explains that. For the lease itself, read Nova Scotia lease agreements for the tenant's view and how to write a lease agreement for the general approach.

The Smoke-free Places Act bans smoking in the common area of a multiunit residential building, including corridors, lobbies, stairwells, elevators, eating areas and washrooms (s. 5(1)(n)). The "manager" of the place, which includes the owner, must not permit anyone to smoke there (s. 5(3A), s. 2(d)).

• An individual who smokes there can be fined up to $2,000.
• A manager can be fined up to $2,000 for a first offence, $5,000 for a second and $10,000 for a third or later (s. 14).
• If another authority, such as a municipal by-law, is stricter, the more restrictive rule prevails to the extent of the conflict (s. 16(2)).

As an owner, you are the one who answers for common areas. Post the rule, tell tenants about it and deal with complaints in writing.

At signing. Form P is the mandatory standard lease. Extra terms are allowed if they do not conflict with the Act (s. 8(1)), but they are void unless they appear on both parties' copies (s. 8(2)). Put the smoking and cannabis wording in the lease you both sign and give the tenant a signed copy. Residential Tenancies Act

During a tenancy. No section of the Act on smoking rules was found. The general rule-change process in s. 9A is the closest fit:

• Rules may be changed or repealed on four months' notice to the tenant before the anniversary date in any year (s. 9A(2)).
• A rule must be reasonable (s. 9A(3)): it must aim to promote fair distribution of services, promote the safety, comfort or welfare of occupants, or protect the landlord's property; relate to that purpose; apply to all tenants fairly; and be clearly expressed.
• A rule cannot remove obligations of either side under the Act or the standard lease.

That is the research's reading, not a statement from a Nova Scotia guide. No official page says in terms that a mid-tenancy smoking ban goes through s. 9A. Confirm with the Residential Tenancies Program before you rely on it. The Renting Guide also says a fixed-term lease can only be changed if both sides agree, preferably in writing.

The one-time window for cannabis rules is over. A landlord could add rules on cannabis smoking or growing on four months' notice only if the notice was given before April 30, 2019 (Cannabis Control Act, s. 35(2)).

The Cannabis Control Act does not set a home plant limit that the research found, and the federal limit was not checked, so this guide does not state a number. What it does say:

• A person under 19 may not grow cannabis.
• Since 2026, a landlord may not authorize or permit a premises to be used in contravention of the Act or its regulations (s. 23A). There is a defence if you exercised all due diligence to prevent the offence.
• The fine for that landlord offence is $5,000 to $25,000 (s. 32(6)).

Cannabis Control Act The practical point: if growing is not allowed in your lease, say so clearly and act when you learn of it. A signed clause and a written record of what you did are the best evidence of due diligence. Because the one-time cannabis window is closed, a mid-tenancy change would use the general rule process described above.

A short checklist for the clause:

1. Say what is banned: smoking, vaping and cannabis, in plain words.
2. Say where it applies: inside the unit, and the common areas where the law already bans it.
3. State whether growing any cannabis is allowed.
4. Apply it to the tenant and to people the tenant permits on the premises.
5. Make sure the clause is on both signed copies.

If a tenant breaches it. Start with a dated written reminder that quotes the clause. The research does not say that smoking, by itself, is a breach of the statutory conditions, so check before you serve a notice. The Act does allow a notice to quit, effective no earlier than 15 days after it is given, for breach of Statutory Condition 3 (good behaviour) or 4 (cleanliness and damage), and the tenant may apply to set it aside. A landlord may also apply to the Director if a tenant or guest has significantly interfered with or unreasonably disturbed others, or caused extraordinary damage (s. 10AF). Damage found after the tenancy ends is handled through the deposit: file a Form R claim within 10 days. See ending a tenancy as a Nova Scotia landlord 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.