Here’s what to do now that you’ve described your issue.

The declaration, by-laws and rules taken together make up your corporation’s governing documents. There are three main types of issues that these documents could have:

Start by contacting your board and management. They may agree with you about changing the governing documents.

If they don’t, you may also wish to seek legal advice from a paralegal or lawyer licensed by the Law Society of Ontario.

You may be interested in the Law Society Referral Service, which is an online service that connects people in need with licensed lawyers and paralegals. The service is free and you may receive up to a half-hour free consultation.

CAO cannot provide legal advice.

You can also send a templated letter if you are uncomfortable speaking to your board or if you have spoken to them and it has not worked. You will find templates at the bottom of this page. Make sure to keep copies of any letters you send them.

Here’s what to do now that you’ve identified your issue.

Did a neighbour or your condo corporation claim that you are causing an unreasonable smoke and vapour issue or are not complying with your condo’s governing documents? Here’s some suggested actions you can take depending on your situation:

You can read more about how to raise your concern with the board, but you must still comply with them in the meantime. Communicate with your board early and often about this so you may open the door for a quick resolution. Owners or condo corporations may file a Tribunal case against you if you do not comply.

You may wish to seek legal advice from a paralegal or lawyer licensed by the Law Society of Ontario.

Here’s what to do now that you’ve identified your issue.

Is the smoke and vapour caused by common elements, like a damaged ventilation system? Make sure to speak to your condo board or manager about your concerns. Your condo board may not know about the issue, so speaking to them about it may prompt them to respond quickly.

You can also send a templated letter if you are uncomfortable speaking to them or if you have spoken to them and it has not worked. You will find templates at the bottom of this page. Make sure to keep copies of any letters you send them.

Send a follow up letter if the other party does not respond to you after a reasonable amount of time passes after you send the first letter. Keep copies of any follow-up as well.

Here’s what to do now that you’ve identified your issue.

Your condo board may not know about the issue, so speaking to them about it may prompt them to respond quickly. Your board must take reasonable steps to ensure that everyone complies with both the Condo Act and the condo’s governing documents.

You can also send a templated letter if you are uncomfortable speaking to them or if you have spoken to them and it has not worked. You will find templates at the bottom of this page. Make sure to keep copies of any letters you send them.

Send a follow up letter if the other party does not respond to you after a reasonable amount of time passes after you send the first letter. Keep copies of any follow-up as well.

Here’s what to do now that you’ve identified your issue.

You should contact your condo board if you can’t determine the source of the smoke and vapour. Otherwise, find out who owns the unit that is causing the smoke and vapour and get in touch with them.

You can learn who owns a unit by reviewing a condo record called the Record of owners and mortgagees. This record includes the names and addresses of all unit owners in your condo corporation.

Owners are required to notify their condo if they rent out or lease their units. Condo corporations are required to maintain a record of the notices they receive under the Condo Act.

You can review these records to determine if the person causing the smoke and vapour is an owner or an occupant.

Your neighbour may not be aware that they are causing you an issue. The first step should always be to speak to them and see if you can quickly resolve the issue without needing to file an application with the Tribunal.

You can also send a templated letter if you are uncomfortable speaking to them or if you have spoken to them and it has not worked.

Send a follow up letter if the other party does not respond to you after a reasonable amount of time passes after you send the first letter. Keep copies of any follow-up as well.

You may be able to file an application with the Tribunal if you tried the previous steps and they did not work. The Tribunal’s online resolution system helps condo communities resolve condo disputes conveniently, quickly and affordably.

CAT uses a three-stage dispute resolution process:

• In Stage 1 – Negotiation, you will work with the other parties to try and resolve the dispute
• In Stage 2 – Mediation, you will work with a mediator to try and resolve the dispute
• In Stage 3 – Tribunal Decision, you will be able to make your case to a Tribunal member in an online hearing.

The Member will then issue a binding order.

Only unit owners, mortgagees and condo corporations can file, smoke and vapour application with the Tribunal.

The Tribunal can deal with two types of smoke and vapour disputes:

1. Disputes about activities that cause nuisances, disruptions or annoyances
   • You can file an application about an unreasonable smoke and vapour issue regardless of what your condo’s governing documents say.
   • The Tribunal can only deal with disputes about activities that cause these issues, such as a person smoking or vaping. The Tribunal cannot deal with disputes about conditions that cause these issues such as outstanding repair or maintenance issues.
2. Disputes about smoke and vapour provisions in your condo corporation’s governing documents. This includes disputes involving:
   • Compliance with provisions in the corporation’s governing documents related to smoke and vapour
   • The consistency or reasonableness of those provisions
   • The applicability of those provisions
   • Any related indemnification or compensation

Learn more about the Tribunal’s process and the Tribunal’s jurisdiction

You can read all the CAT’s previous orders and decisions to learn more about the types of smoke and vapour disputes seen at the Tribunal and how those were resolved.

Access the CAT’s previous decisions about smoke and vapour on our website.

Check out our legal resources page for more information on affordable legal advice, free legal information and legal expense insurance.

Identify your situation to get started and try out our tailored solutions before deciding if you need to escalate your issue.

The Condo Act prohibits anyone causing nuisances related to smoke and vapour. Corporations often also have similar restrictions in their governing documents.

In addition, there is federal and provincial legislation regarding cannabis and smoking that everyone must follow.

Smoke and vapour can be considered unreasonable and a nuisance if they interfere with someone’s right to use and enjoy their unit.

The Condo Act prohibits unreasonable smoke or vapour in units or common elements regardless of what the condo’s governing documents say.

Each condo corporation has unique provisions for dealing with smoke and vapour in the governing documents and what is allowed varies from community to community. Generally speaking, smoke and vapour provisions are intended to ensure residents enjoy their units in peace. Everyone must comply with the governing documents and boards must take reasonable steps to enforce compliance.

Examples of smoke and vapour provisions may include prohibiting the creation of smoke or vapour inside units and common elements.

Your first step should always be to check what your governing documents say if you are dealing with a smoke and vapour issue. Provisions on smoke and vapour are most likely to be in the declaration or rules.

Poor maintenance of the condo can also lead to smoke and vapour issues, such as smoke or vapour leaking from a neighbouring unit or from the ventilation system. You need to determine who is responsible for repairs before you can address the smoke and vapour. Your condo’s declaration will outline responsibilities for repairs and maintenance. Generally, condos are responsible for repairing common elements.

Federal and provincial legislation governs the lawful production, possession, and use of cannabis for recreational purposes in private residences. Ontario adults who are at least 19 years old can:

• Use recreational cannabis
• Grow up to four plants per residence for recreational use

This does not mean that unit owners or occupants have an absolute right to grow or consume cannabis in their units or common elements. Check your condo’s governing documents to understand what exactly is allowed in your building

Some individuals may create or consume smoke or vapour for cultural purposes or medical reasons. These activities are protected under the Ontario Human Rights Code, which safeguards people from discrimination on certain grounds including race, colour, sex, sexual orientation and disability.

Condo corporations may have a duty to accommodate owners or occupants to the point of undue hardship, even if a condo’s governing documents prohibit the creation of smoke or vapour.

Corporations should work closely with residents to ensure they are treated fairly and free from discrimination.

Visit the Ontario Human Rights Commission’s webpage for more information.

Condo boards or owners may take legal action against residents that cause unreasonable smoke and vapour, including by filing an application with the Condominium Authority Tribunal.

Owners can also act against a condo corporation that is not taking adequate steps to address smoke and vapour concern created by other residents.

Only owners and condo corporations can file cases with the Tribunal. Tenants or other non-owner occupants should contact the unit owner if they have a smoke and vapour issue.

Here’s what to do now that you’ve identified your issue.

Take a moment to review the information available on the Ontario Human Rights Commission’s website so you can understand if you need to grant accommodation under the Human Rights Code.

You may also want to review information on our website regarding the Ontario Human Rights Code.

It is helpful to discuss the accommodation with the requestor before making a final decision. You may be able to work with the requestor to identify an accommodation that works for everyone.

Make sure to respond in writing and outline if:

• You are willing to grant the accommodation
• You need more information about the accommodation
• You want to discuss possible accommodations
• You are refusing to grant the accommodation.

You may wish to seek legal advice if you are unsure of how to respond.

Here’s what to do now that you’ve identified your issue.

The board’s first step is to identify the kind of change that is needed and in which governing document.

You can modify the governing documents by adding, removing or changing provisions. Provisions related to vehicles will most likely be included under the declaration or rules.

See our pages on governing documents to understand what aspect of condo life is governed by each and how changes can be made to each. Each document will have different requirements for meetings, quorum and voting.