Strata Smoking Bylaws
Many British Columbians have chosen a smoke-free lifestyle. More strata owners and residents are also choosing smoke-free environments by passing bylaws to restrict or ban smoking.
Strata Bylaws to Address Smoking
Strata corporations (or sections) can create a bylaw, by a 3/4 vote of owners, or create a rule to limit or ban smoking. A non-smoking bylaw can ban smoking in the strata lot as well as common property and limited common property. However, a rule can only limit or prohibit smoking on common property.
Even if a strata doesn’t have a bylaw which specifically addresses smoking, almost all stratas have bylaws ensuring owners and strata residents cannot cause a nuisance or hazard to another person or unreasonably interfere with the rights of other persons to use and enjoy the common property, common assets or another strata lot. These bylaws can be used to address second-hand smoke issues.
Many strata corporations use the Standard Bylaws in the Strata Property Act. Standard Bylaw 3 addresses owners, tenants, occupants or visitors creating a nuisance or unreasonably interfering with the rights of other persons to use and enjoy the common property, common assets or another strata lot.
In addition to strata bylaws there is also provincial legislation and local government bylaws which govern smoking.
- The Province's Tobacco and Vapour Products Control Act and Regulation. This legislation bans smoking in common enclosed areas of apartment buildings or condominiums (e.g. hallways and laundry rooms) and within six metres of a doorway, open windows or air intake of common enclosed areas.
- Human Rights Code, and the duty to accommodate, and
- the common law of nuisance
- many local governments (e.g. Campbell River, Penticton, Prince George, Vancouver, Victoria, Williams Lake) have bylaws to restrict smoking in public places.
Smoke-Free Housing BC
There is additional helpful information available at Smoke-Free Housing BC for strata owners and residents.
The information on this website about strata housing is provided for the user’s convenience as a basic starting point; it is not a substitute for getting legal advice. Learn more about the site’s purpose and limits. The content on this website is periodically reviewed and updated by the Province of British Columbia as per the date noted on each page: November 7, 2018.