Banning Smoking and Cannabis in Quebec Condos

Updated as of 2026-06-15

Tobacco or cannabis smoke causes real nuisances in divided co-ownership: lingering odours, infiltration through ventilation systems, complaints between neighbours, nicotine deposits and increased fire risks on balconies. Many syndicates therefore want to ban smoking in private portions and common portions to preserve the peace and quiet and the residential purpose of the building.

If you are searching for “Quebec condo smoking and cannabis ban,” here is a clear guide for the board of directors and co-owners. We explain what the law allows, how to draft a strong by-law of the immovable and how to enforce it without overstepping, using a rigorous adoption and enforcement process.

Before going further, remember that a well-designed ban rests on three pillars: a clear legal framework, a well-drafted by-law and a rigorous adoption and enforcement process (annual general meeting, notices, evidence and reasonable fines).

The legal framework in Quebec: tobacco, cannabis and condos

Several statutes govern smoking and cannabis use. In divided co-ownership, they overlap.

• Civil Code of Quebec (C.c.Q.) — divided co-ownership: the by-laws of the immovable may govern the use of common and private portions, as long as the rules respect the purpose of the building and co-owners’ rights (including, in particular, compliant use and respect for other co-owners). Reference: Civil Code of Quebec.
• Act to control tobacco use: already prohibits smoking in several locations, including indoor common portions of residential buildings and near certain openings. Reference: L-6.2.
• Cannabis Regulation Act: permits and restricts use in various contexts; a syndicate may go further by regulating use in condos to prevent nuisances. Reference: C-5.3.

In practice, indoor common portions (corridors, lobbies, elevators, exercise rooms and garages) are already smoke-free by law. Outdoor areas near doors, windows and air intakes are also subject to a provincial minimum distance within which smoking is prohibited. The by-laws of the immovable may then ban smoke in units, on balconies and terraces, and in any other portion if the syndicate considers that this protects the purpose and quality of life of the building.

For tenant co-occupants, the co-owner-landlord remains responsible for ensuring that the tenant complies with the by-laws. The landlord must provide the tenant with the declaration of co-ownership (DCV) and the by-laws when the lease is signed and take action in the event of a violation.

By-laws of the immovable: what you can prohibit

A well-drafted by-law eliminates uncertainty and makes enforcement easier. It must specify the scope, locations, products covered, penalties and procedure.

Scope of the ban

• Products: tobacco, cannabis and, if desired, vaping or vaporization products, if applicable (to be specified).
• Locations: indoor and outdoor common portions, balconies and terraces, parking spaces and mechanical rooms. Private portions (units) may also be covered to prevent smoke migration and odours.
• People: co-owners, occupants, tenants, guests and contractors.
• Time: at all times, regardless of the weather or time of day.
• Related nuisances: lingering odours, the accumulation of cigarette butts and risks to cleanliness and sanitation may also be addressed in separate clauses.

Designated areas and signage

Even with an extensive ban, some syndicates choose to identify an outdoor smoking area that is clearly marked and complies with the minimum distances required under provincial law. This reduces gatherings near entrances and limits odours drawn into the building.

Plan for:

• clear signage at entrances, in the lobby and near elevators;
• a visual reminder in the welcome booklet for new co-owners and tenants;
• adding the rules to the register and the declaration of co-ownership, and distributing them by email or through the media library to co-owners.

Need help structuring your documents? See our administrative management services and our package offerings.

Adoption and amendment: majority, notice and annual general meeting

To be enforceable against everyone, the ban must be properly adopted, recorded in the minutes and communicated to everyone.

• Drafting by the board of directors: prepare a proposed amendment to the by-laws of the immovable, with recitals (nuisances, health, cleanliness and sanitation, and the residential purpose).
• Notice of meeting: include the proposed text, the reasons for it and its effect on common and private portions.
• Vote at a meeting (annual general meeting or special meeting): an amendment to the by-laws is generally adopted by a majority of the votes of co-owners present or represented, in accordance with the Civil Code of Quebec and your declaration of co-ownership. Always verify the thresholds and formalities set out in your declaration.
• Effective date: upon adoption, unless the text provides for a transition period (for example, a few weeks to install signage and notify tenants).
• Internal communication: publish the minutes, update the register, send the by-laws to co-owners and, if necessary, to building managers and regular contractors.

For a smooth process, rely on a clear agenda, a question period and a frequently asked questions document attached to the notice of meeting. MultiRent regularly assists syndicates with these steps, including meeting logistics and document updates. See our blog for more practical guides.

Enforcement and evidence: complaints, findings and sanctions

Once adopted, the ban must be enforced consistently and fairly. The key is to provide for a graduated response, reasonable means of gathering evidence and proportionate fines.

• Receiving complaints: record the date and time, location, nature of the nuisance and witnesses, and, if possible, take photos (for example, cigarette butts on a balcony). A standard form helps make data collection consistent.
• Preliminary finding by the board of directors or condominium manager: send the occupant concerned a courteous written reminder of the rule, with a copy to the co-owner if the person is a tenant.
• Notice of non-compliance: if the situation continues, send a formal notice citing the applicable clauses of the by-laws and declaration of co-ownership, with a deadline for compliance.
• Fine provided for in the by-laws: in the event of a repeat violation, apply the prescribed fine. It must be reasonable and intended to deter, not to generate profit. Avoid disproportionate amounts.
• Formal demand: for persistent cases or serious nuisances, a formal demand may precede legal proceedings (for example, an injunction to stop a nuisance), in accordance with the Civil Code of Quebec and your declaration of co-ownership.

Be careful with evidence: smoke and odours are volatile. Keep more dated notes and neighbour testimony, document repeated findings and, if necessary, retain an air-quality expert. Respect privacy; video surveillance in common portions must be limited to site security and to what is authorized by the by-laws and the law.

In a co-ownership under our management, installing clear signage and sending an illustrated memo after the by-laws were adopted significantly reduced complaints in less than one quarter, without resorting to litigation. Consistent follow-up often makes the difference.

For on-the-ground implementation (signage, reminders to contractors and maintenance of outdoor areas), our operations management team can support your syndicate.

Exceptions, accommodations and health concerns

• Medical aids: having a prescription does not create a right to smoke cannabis in a location where it is prohibited; alternative methods of administration (non-smoking) may be considered.
• Accommodations: a reasonable accommodation concerns access to services, not authorization to disturb neighbours. Assess each case individually, prioritizing solutions that do not impose smoke on other occupants.
• Grandfathered rights? In divided co-ownership, a duly adopted by-law binds all co-owners and occupants. Unless there is a clear contractual provision to the contrary, there is generally no “grandfathered right to smoke” in a unit if the by-law prohibits smoke to preserve the purpose and peace and quiet of the building (see the principles of the Civil Code of Quebec).
• Cleaning and sanitation: include clauses on balcony cleanliness and cigarette-butt disposal; additional cleaning costs attributable to a non-compliant occupant may be claimed in accordance with the declaration of co-ownership and the rules on common expenses, if there is documented prejudice.

For additional guidance on best practices in co-ownership, consult the RGCQ.

Frequently asked questions

Q1. Can smoking be banned in units that are already occupied?
A. Yes, if the ban is adopted in accordance with the rules and is intended to protect the purpose of the building and prevent nuisances. A short implementation period may be provided, but it is not mandatory. Reference: C.c.Q.

Q2. Are balconies private or common portions?
A. It depends on your declaration of co-ownership. Many declarations classify balconies as common portions for restricted use. The by-laws may prohibit smoking there to prevent nuisances to neighbouring floors.

Q3. How can a violation be proven without entering someone’s home?
A. Gather findings from common portions (odour, visible smoke and cigarette butts), consistent testimony, photos taken from common portions and dated notes. Avoid entering a private portion without consent or legal authorization.

Useful references:

• Civil Code of Quebec (C.c.Q.)
• Act to control tobacco use
• Cannabis Regulation Act
• Regroupement des gestionnaires et copropriétaires du Québec (RGCQ)

This article provides general information and does not constitute legal advice. Consult a lawyer or notary regarding your situation.

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