Second-Hand Smoke in Multi-Unit Dwellings

Over the past three years, the Clean Air Coalition, with funding from Health Canada, has worked with community partners to raise awareness about second-hand tobacco smoke drifting into private residences from neighbouring apartments and condominiums.

Second-hand smoke can drift from one residence to another through cracks in walls, doorways, plumbing and electrical systems, heating and air conditioning ducts and outdoor patios and balconies. It is a major problem for many BC residents living in multi-unit dwellings, especially those who suffer from chronic health conditions such as heart disease, asthma, allergies, diabetes, and respiratory illnesses.

For many people who are forced to breathe their neighbour's smoke, the only remedy is to move, but moving is not always an option for the elderly, or for people with limited incomes or disabilities.

As the serious health effects of second-hand smoke becomes better understood by the general public, more British Columbians are demanding to live in smoke-free housing. While 86% of British Columbians are non-smokers, there is a lack of smoke-free housing available in the province.

Key considerations for landlords and tenants

• Exposure to second-hand smoke is more than a nuisance. It's a scientifically proven health risk to non-smokers.

• Smoke-free policies are LEGAL and are no different than policies that ban pets or loud music.

• Smokers are not a protected class under the Canadian human rights legislation and there is no legal right to smoke.

• All tenants are entitled to "quiet enjoyment" of their premises, including the right to be free from the unreasonable disturbances of other tenants.

• There are a few precedent cases in BC where Residential Tenancy Office Arbitrators have ruled that drifting SHS constitutes an unreasonable disturbance. In one case, the arbitrator ruled that there had been a verbal agreement that the building was smoke-free and because the landlord did not enforce this policy, monitory remedies were awarded to the tenant (see precedent ruling below under important links).

PDF Downloads

		Brochure - Drifting Tobacco Smoke Provides information about protecting building tenants from exposure to second-hand smoke.
		Fact sheet - Adopting a No-Smoking Policy in Apartment Buildings
		Fact Sheet - Responsibilities and Options for Addressing Drifting Tobacco Smoke For apartment owners and property managers
		Fact Sheet - Responsibilities and Options for Addressing Drifting Tobacco Smoke For tenants
		Fact Sheet - Health effects of Exposure to Second-Hand Smoke
		Presentation on the Issue of Drifting Smoke For educating housing providers