Smoking and Cannabis Rules in a Saskatchewan Lease

Yes, by written rules. Under The Residential Tenancies Act, 2006, a landlord may establish and enforce rules about the tenant's use, occupancy or maintenance of the unit and property. The Act expressly says those rules can prohibit the possession, use, selling or distribution of cannabis, and the growing and possession of cannabis plants in the rental unit. The rules apply if they are in writing, made known to the tenant and reasonable. A tenant can ask the Office of Residential Tenancies (ORT) to decide whether a rule is reasonable.

Provincial law does not ban smoking inside a person's own home, and the government's tobacco and vapour products page says people are free to use these products inside their home. It adds that your property may have further restrictions, and tells people to check their lease and apartment policies. So the lease or written rules are where an in-unit ban lives.

The same government page says you cannot smoke or vape in common areas such as a lobby, laundry area or hallways. It also says smoking and vaping are banned within three metres of doorways, windows and air intakes connected to those areas. That comes from The Tobacco and Vapour Products Control Act. The research did not read the statute itself, so no section number is given here.

Two practical points follow. First, you do not need a lease clause to enforce the common-area ban, though a clause helps tenants understand it. Second, the Residential Tenancies Act does not mention vaping, so name vaping, e-cigarettes and vapour products in your clause rather than relying on the word "smoking".

If the building is a condominium, condo boards can pass bylaws about smoking or growing cannabis, so check them before you write your clause.

Put the rule in the lease and in any written house rules, and give both to the tenant. The ORT's sample Fixed Term Tenancy Agreement has a clause for additional tenant obligations that gives "no pets, no smoking, no vaping" as examples. A good clause covers:

• What is banned: smoking tobacco, smoking cannabis, vaping, and other burning or inhaled products, by the tenant and by guests.
• Where: inside the unit, and any balcony, patio or yard you choose to include.
• Cannabis growing: whether plants may be grown or kept in the unit at all.
• What happens on breach: a written reminder first, then the notice process described below.

Remember three limits. The standard conditions of every tenancy cannot be changed or removed. A term is unenforceable if it is inconsistent with the Act, unconscionable, or not expressed clearly. And a written lease is required only for a fixed term of three months or longer, so write the rule down even for a month to month tenancy, since the rules must be in writing in any case. Give the tenant a copy of the signed agreement within 20 days. See the Saskatchewan lease agreements guide.

This is the grey area. Two parts of the Act pull in different directions. For lease terms, the Act says an agreement can be amended to add or change a term, other than a standard condition, only if both landlord and tenant agree. Separately, the section on landlord rules lets you make and enforce rules without the tenant's agreement if they are written, known to the tenant and reasonable, and nothing in that section limits rules to the start of a tenancy.

The research found no official page that says directly whether a new no-smoking rule binds an existing tenant. So the careful route is to ask the tenant to sign a short written agreement. If they refuse and you issue a written rule anyway, expect that the tenant may challenge whether it is reasonable at the ORT, and be ready to show why it is.

Work in steps and keep records:

1. Note dates, what you saw or smelled, and who else noticed. Do not enter the unit without proper written notice, 24 hours to seven days ahead with a reasonable purpose.
2. Send a written reminder that quotes the clause and sets a reasonable deadline to stop.
3. If it continues, you may serve a notice to end the tenancy. A repeated violation of your written rules is a listed ground, as is an unremedied breach of a material provision after written notice. For those grounds the Act requires a reasonable period to remedy where the problem can be fixed.
4. Notice on these grounds takes effect not earlier than one month after the tenant receives it. The tenant has 15 days to dispute in writing, and if they do, you must apply to the ORT and prove your case.

There is one special ground for smoking itself. It applies only where the rental is in a detached house that is also your principal residence, you gave written notice that any smoking will end the tenancy, and the tenant or a guest then smoked there. That ground has no remedy period. Outside that case, rely on the rules route above. See the landlord guide to ending a tenancy in Saskatchewan and what to do if a tenant violates the lease.

The government's cannabis use page gives the general rules: the legal age is 19, the limit is four cannabis plants per household, and use in public places is restricted. Those are the provincial limits, and they do not force you to allow growing. Your written rules may prohibit growing and possessing cannabis plants in the unit. If you do allow it, say so in the lease and set the number.

Keep the cannabis clause as specific as the smoking clause. Say whether it covers smoking, vaping, edibles stored in the unit, and plants. This guide explains the rules in general terms; for a specific case, ask the tribunal or a licensed legal professional.