La Presse quotes Montréal lawyer Karine Fournier inan article about banning smoking in housing.
Lawyer Karine Fournier’s conclusions are clear: yes, a landlord can prohibit a new tenant from smoking in their home. Landlords cannot refuse to rent to a tenant who smokes, but they have the right to require that tenants not smoke in their accommodation.
Ms. Fournier’s legal opinion states that “there is no legislative provision prohibiting landlords from banning smoking in their accommodation. The lease is a contract and the parties are free to negotiate the terms.” The ban may include housing, “and all property belonging to the landlord”—a balcony, for example.