Frequently Asked Questions

Smoke-free housing is the best option for your health and will save you time and money. Find out the facts and stats and benefits of smoke-free housing.

Second-hand tobacco smoke is a major, preventable contributor to acute and chronic adverse health outcomes that affect all Albertans. There is no safe level of exposure to second-hand smoke. Second-hand smoke has more than 50 cancer-causing chemicals and has been identified as a toxic air contaminate and known carcinogen.

People who breathe second-hand smoke are at increased risk for:

• heart disease
• lung cancer
• emphysema
• acute respiratory problems (like asthma)
• chest infections
• excessive coughing
• throat irritation

Unborn babies are at extra risk for:

• low birth weight and slow growth
• decreased blood flow, affecting the heart, lungs, digestive system and central nervous system

Babies and children are at extra risk for:

• sudden infant death syndrome (SIDS)
• asthma (200 to 400% increased risk if parents smoke)
• pneumonia
• bronchitis
• croup and coughs
• ear infections
• problems with cognition (thinking things through)

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. Once smoke enters your home, many of the dangerous chemicals remain in the air and settle on surfaces in the room, like walls, drapes, carpets, furniture and clothes. This residue, often called third-hand smoke, contains toxic, cancer causing substances.

Over a third of Albertans living in multi-unit dwellings have experienced second-hand smoke infiltrating their homes from neighbouring units. Unfortunately, most never lodge formal complaints with their property managers because they feel that nothing can be done. In reality, there are quite a few steps you can take to reduce or eliminate your secondhand smoke exposure including taking measures to better seal or ventilate your unit.

While they can help, air filters, purifiers and ventilation systems cannot eliminate second-hand smoke. Some of the smoke and larger particles from the air may be removed, but they will not remove the smaller particles or gases found in second-hand smoke. In 2005, James Repace, an internationally recognized second-hand smoke physicist, conducted a review for ASHRAE about mitigating tobacco smoke. He concluded that, “ventilation technology cannot possibly achieve acceptable indoor air quality in the presence of smoking, leaving smoking bans as the only alternative.”

Other options include working with the smoker to find a mutually agreeable solution, working with your board or property manager to negotiate a solution, or taking legal action. If some of these steps sound daunting, don’t be discouraged.  This website contains many tools and resources to help along the way.  Start by reading our Tips on taking action when exposed to a neighbors smoking.

Under the Condominium Property Act, section 37(1) a condo corporation is responsible for the enforcement of its bylaws and the control, management and administration of its property. 

This includes properly maintaining and keeping the real and personal property of the corporation and the common property in a state of good and serviceable repair. Thus, residents affected by second-hand smoke may have legal grounds to hold the corporation accountable for mitigating second-hand smoke migration between units as part of their duty to maintain the property. 

Individual condo bylaws will have subtle differences based on when the condo corporation was incorporated and what members have chosen to repeal or replace from the initial bylaws set out under the Act. Regardless, most bylaws will contain a clause forbidding owners from using their unit in a manner that will cause a nuisance or hazard to any other owner or occupant.  In certain circumstances, a resident could also argue that second-hand smoke exposure constitutes a nuisance or hazard and expect the corporation to take action to enforce the bylaw even without the existence of a specific smoke-free policy.  

The initial bylaws of a condo corporation incorporated on or after May 16, 1978 also include clause 36(1)(g) prohibiting owners from doing, bringing, or keeping anything on the property that would in any way increase the risk of fire or result in an increase of any insurance premiums payable by the corporation.   Smoking in a unit may be construed as a violation of this bylaw as well. 

Second-hand tobacco smoke is a major, preventable contributor to acute and chronic adverse health outcomes. There is no safe level of exposure to second-hand tobacco smoke. Second-hand smoke has over 50 cancer-causing chemicals and has been identified as a toxic air contaminant that is classified as a known carcinogen. In several Canadian court cases second-hand smoke has been found to cause injury. Thus, second-hand tobacco smoke can be viewed as hazard and therefore a condo board has an obligation to protect residents from second-hand smoke exposure. 

It is important to note that there is no Alberta-specific case law to indicate how such a situation may unfold if argued before the courts.

Legal information provided on this site is based on a professional legal opinion available here.

The “right to clean air” is not enshrined anywhere in Canadian law.

However, Condo owners and occupants have a right to reasonable enjoyment of their premises, which includes the right to be free from unreasonable disturbances, nuisances or hazards. This could include being free from breathing toxic substances such as second-hand smoke on a frequent and on-going basis.

Legal information provided on this site is based on a professional legal opinion available here.

There is no right to smoke guaranteed in law. However, Arbitrators in many provinces have generally found that in the absence of a no-smoking bylaw, residents have the right to smoke in their suites.

It should be stressed that these rights are not absolute, and are limited by the right to quiet enjoyment of neighbouring residents. Cases already exist in BC and Ontario where residents have filed and won legal complaints against condo corporations for neglecting to effectively protect them from secondhand smoke exposure, even in situations where smoking isn’t prohibited. The legal precedent for such cases is growing.

If there is evidence that second-hand smoke is infiltrating your home from a neighbouring unit or balcony on a frequent and on-going basis, and substantially interfering with your use and enjoyment of your home, then your property manager/condo board has a responsibility to take steps to correct the problem.

Legal information provided on this site is based on a professional legal opinion available here.

Tell your property manager. Under the Tobacco and Smoking Reduction Act, property managers have a responsibility to:

• Ensure that everyone is aware that smoking is prohibited in indoor common areas;
• Ensure that no one smokes in the common areas of these residences;
• Post a sufficient number of “no-smoking” signs.

This website provides guides, tools and resources to help walk housing providers through the process of developing a smoke free policy.  If you think your board, or property manager may be willing to consider creating a smoke-free policy for you building, you can start by directing them to this website or you can request a print copy of one of our guidebooks to give to them.  If you think they may need more convincing, you could also try rallying support from other residents by collecting signatures on a petition. There are sample petitions for condo residents in our tools and resources.

Are you doubtful that there are others who feel the same way you do in your building? You may be surprised.  Seven out of ten Albertans who currently live in multi-unit housing prefer to live in smoke-free buildings.  Learn more about what Albertans think about smoke-free policies and other important facts here.

If you want to live in a 100% smoke-free building, ensure that there is a no-smoking clause written into your bylaws that states the entire building is smoke-free, including the private units, and outdoor balconies and patios. It is not enough for the unit to be simply advertised as smoke-free, or for you to have seen this mentioned in an application form. There must be a policy in the bylaws, and it must apply to all units in the building.

When talking to property managers or developers, here are some questions to ask about the no-smoking policy:

• Does it apply to all units in the building?
• If there are existing owners who have been “grandfathered” (and are permitted to smoke), how many are grandfathered and where are they located?
• How is the policy enforced?
• Is there a designated smoking area on the property? If so, is it far enough away to ensure that smoke cannot travel into private units or balconies?
• Did the previous owner or tenant smoke in the unit you are considering? If so, what steps were taken to remove the odor and residue from walls, carpets and drapery?

Our smoke-free housing directory is a great place to start your search for smoke-free housing. We are pleased to offer a combined list of private sector, non-profits, condominiums, cooperatives and rentals that have either gone smoke-free or are in the process of doing so. When you're looking to rent or buy housing, ask the property manager about their smoke-free status and review the policy they have in place to understand its reach and limitations before you commit.

There are many resources available to help Albertans quit smoking. For local cessation tools and resources, visit albertaquits.ca and cancer.ca.