To draft a policy that works for your building, you will need to consider and spell out exactly who will be bound by the policy, where it will apply, what will be regulated, when it will come into effect and how it will be enforced.
As you begin developing the policy itself, you must decide who will be bound under the policy, where the policy will be in force, what the policy will prohibit and when it will come into effect.
Download a sample rental building policy.
A smoke-free policy should always apply to residents, managers, caretakers, staff and service personnel working in the smoke-free building. Visitors and guests would also be expected to comply. The policy should indicate that tenants are responsible for advising their visitors and guests about where they can and cannot smoke.
New tenants can easily be bound under a smoke-free policy through a clause in the tenancy agreement that they would sign. When it comes to transitioning current tenants, your plan will likely depend on a number of factors, including the speed at which you want to achieve smoke-free status, the number of tenants currently smoking inside their units, the level of support for the policy, your ability to negotiate options with current tenants and the type of tenancy agreements that they currently fall under.
If you know that there are tenants currently smoking in areas that you intend to make smoke-free, you may want to negotiate an agreeable situation with them.
If you or your tenants are uninterested in negotiating, and your tenants are on fixed-term agreements, you have the option to simply amend the new contract that they would sign to renew their tenancy at the end of their lease. If tenants are on periodic leases, you may never get them to sign a policy; however, within Alberta’s legal landscape, a strong case can be made for the viability of a smoke-free policy, whether or not it is written into a tenant’s signed lease. A landlord or property manager could potentially enforce their smoke-free policy even if it isn’t included in some tenancy agreements (reference the legal topics of the frequently asked questions). However, doing so has yet to be tested in an Alberta court.
An alternate approach would be to exempt existing tenants indefinitely. While incorporating an exemption clause into your smoke-free policy may be the least confrontational approach, it is challenging to implement. Exemption clauses create a lengthy limbo period when new tenants are subject to the policy while still not reaping the benefits of a smoke-free environment because exempted tenants are still exposing them to second-hand smoke. This can make it harder to attract new tenants who are truly seeking smoke-free housing. And, landlords and property managers will still have to spend time and money addressing complaints, and deal with clean-up costs at the end of the exemption period or tenancy.
A smoke-free policy can apply to a number of different spaces on a multi-unit housing property, including inside individual units, on patios, balconies and in outdoor recreational spaces. Some smoke-free policies designate one or two specific outdoor spaces where smoking is allowed, or they may require people to leave property grounds altogether before lighting up.
When determining which areas will be included in your smoke-free policy, consider the size of your property and the way it is used. If you have logged resident complaints about second-hand smoke exposure, consider the spaces that would need to be addressed in order to mitigate those issues. If at all possible, keep designated smoking areas away from recreational spaces that are meant for all residents to enjoy.
It is also important when developing a smoke-free policy to ensure it aligns with the requirements of current tobacco-control legislation. The Alberta Tobacco and Smoking Reduction Act prohibits smoking in any structure or other enclosed common area of a multi-unit residential facility to which members of the public have access, including common patios, pools, other recreation areas and enclosed parking garages. The Act also prohibits smoking within five meters of a doorway, air intake or window that can be opened. Designated smoking areas should not infringe upon spaces designated as smoke-free by law.
If designated smoking areas are included in your smoke-free policy, have signage indicating that the area is a smoking area and have a clearly marked ashtray to safely dispose of butts in order to discourage litter and avoid fires. Conversely, remove any ashtrays currently located in spaces where smoking is banned to minimize confusion.
Carefully consider and include a clear definition of what will be regulated in your smoke-free policy. Some housing providers have expressed serious issues arising from residents using a range of smoking products, including herbal cigarettes, marijuana, pipes and waterpipes. Unclear definitions may not fully cover the scope of products causing concern.
The following comprehensive definition should cover any loopholes or unforeseen issues of second-hand smoke exposure. This definition would not prohibit the use of electronic cigarettes as they do not involve burning or the emission of smoke. If you want your smoke-free policy to have a different scope, you may want to have a lawyer draft a definition that will suit your needs.
Sample definition: ‘Smoke’ or ‘Smoking’ means to inhale, exhale, burn, or have control over a lighted cigarette, cigar, pipe, hookah pipe, or other lighted smoking implement designed to burn tobacco or any other weed or substance for the purpose of inhaling or tasting of its emissions.
Exposure to marijuana smoke can be a hot-button issue in multi-unit housing.
Regardless of whether marijuana is being smoked legally or illegally, the second-hand smoke emitted is still a health hazard and consideration for other residents is still important. A medical prescription to use marijuana does not give a person the right to smoke anywhere they choose. The user must abide by the rules of a smoke-free policy. By developing a smoke-free policy that is inclusive of products like marijuana, housing providers can eliminate any confusion on this issue.
Electronic smoking devices (ESDs; e.g., e-cigarettes or vaporizers) are relatively new and unregulated products in Canada. Currently, ESDs that contain nicotine are not permitted for use or sale by Health Canada and there is limited data on the health effects of their emissions, especially in the case of second-hand exposure. What is emitted from an ESD is not smoke and is currently understood to be significantly less harmful than tobacco smoke.
If you want to ban the use of ESDs on your property, you should consult with a lawyer to draft an effective policy and definition. Some ESDs may gain approval by Health Canada as regulated smoking-cessation devices in the future. Consider exempting any products that are government approved and regulated for use as cessation tools.
For more information on electronic smoking devices, please contact the Canadian Cancer Society or another health authority.
Timing is critical to the successful implementation of a smoke-free policy. Start engaging members and residents early in the process of developing your policy and give them ample time to adjust before your policy comes into effect. You may choose to implement your policy in phases, starting with individual units and progressively incorporating outdoor spaces. Whatever your plan, be sure to clearly communicate your timelines with all stakeholders who will be affected.
Choosing an implementation date in the spring or summer gives residents some time to adjust to smoking outside while the weather is favourable.
For more detailed information, download our comprehensive guidebook on smoke-free policies for rental properties or contact us to order a print copy.
