Nunavut Rental Rules: Smoking Areas and Tenant Rights

Rental units in Nunavut must balance tenant comfort, health, and personal choice when it comes to smoking. If you're a tenant in Nunavut, it's important to understand the rules around designated smoking areas, what your lease can and cannot restrict, and your health and safety rights. This guide summarizes key tenant rights, official forms, and effective steps you can take if issues arise with smoking or second-hand smoke in your home.

Designated Smoking Areas: What Tenants Need to Know

Nunavut landlords can set smoking rules for rental properties. These may include banning or restricting smoking in units, on balconies, or in common areas. However, any rules must be made clear in your written tenancy agreement. If the agreement is silent on smoking, the default is that smoking is permitted, except where prohibited by law or other building rules. Many rentals may instead provide a clearly marked designated smoking area for tenant and guest use.

What Is a Designated Smoking Area?

A designated smoking area is a specific location—often outside or in a ventilated space—where tenants or guests are allowed to smoke. These areas must follow Nunavut's health and safety laws to protect non-smoking tenants from exposure to second-hand smoke. Common designated areas include:

• Outdoor patios or parking lots away from building entrances
• Marked spots with clear signage
• Ventilated rooms (rare, usually for larger complexes)

Tenants should check with their landlord or building management to learn if these spaces exist and what restrictions apply. If you have health concerns or disabilities aggravated by smoke, notify your landlord in writing.

What Your Lease Can Say About Smoking in Nunavut

Nunavut’s rental rules allow landlords and tenants to negotiate whether smoking is allowed in a unit or building. This should be clearly written in your tenancy agreement before you move in. Some rentals may be smoke-free, while others may allow smoking inside the unit or only in certain places. After signing a lease, landlords cannot change smoking rules without your agreement, unless required by new laws.

What If There’s No Smoking Clause?

If your lease doesn’t mention smoking, then it is generally permitted, unless:

• Local bylaws ban smoking in certain buildings or areas (for example, within a certain distance of entrances)
• The act of smoking causes a health hazard or nuisance for other tenants

If either you or your landlord want to change smoking rules, both parties must agree and sign an amended lease.

Tenant Rights and Responsibilities Regarding Smoking

As a tenant, you have the right to live in a safe and healthy environment. You also have responsibilities not to interfere with other tenants’ right to reasonable enjoyment of their home. This means:

• You cannot be forced to accept excessive second-hand smoke in your unit
• You must follow smoking restrictions outlined in your rental agreement
• If you choose to smoke, only use permitted areas and safely dispose of cigarette butts
• If you are experiencing second-hand smoke due to another tenant’s actions, you can notify your landlord and request they address the problem

Ongoing issues related to tenant health and building safety may allow you or your landlord to seek help from the rental authority.

Addressing Health and Safety Concerns

Second-hand smoke can be considered a health or safety concern. If you believe smoke is entering your unit from common areas or another tenant’s apartment, start by notifying your landlord in writing and requesting action. You have the right to a healthy home environment under Nunavut law. For more details on health and safety, see Health and Safety Issues Every Tenant Should Know When Renting.

Official Forms and How to Use Them

If discussions with your landlord do not resolve smoking issues, you may need to file a formal complaint. In Nunavut, residential tenancy matters are overseen by the Office of the Rental Officer. The main legislation is the Residential Tenancies Act (Nunavut).¹

• Notice of Concern (Form N1)
  Use this form to formally address any tenancy issue—including smoking or second-hand smoke—if your landlord has not responded to previous requests. Complete Form N1, stating your concern, and deliver it to your landlord. View and download the N1 – Notice of Concern.
  Example: If smoke from a neighbour’s unit continues to enter your apartment despite multiple discussions, complete the N1 form and provide it to your landlord.
• Application to the Rental Officer (Form A1)
  If the issue continues and no solution is offered, use Form A1 to have the Rental Officer review the dispute and make an order. View and download the A1 – Application to the Rental Officer.
  Example: If a Notice of Concern does not result in change, escalate by submitting Form A1 along with evidence (photos, correspondence, health notes).

Forms and processes may be updated; find the latest information and documents at the official Office of the Rental Officer website.²

Landlord and Tenant Obligations

Both landlords and tenants must respect the rental rules, whether they concern smoking, health, or property upkeep. For a full overview, visit Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

For Nunavut-specific information on tenancy law and dispute resolution, see Tenant Rights and Landlord Rights in Nunavut. If you are searching for a smoke-free rental or want to compare housing options, Find rental homes across Canada on Houseme.

Frequently Asked Questions About Smoking in Nunavut Rentals

1. Can a landlord ban smoking in my rental unit in Nunavut?
   Yes, if the lease states smoking is not allowed, or if new laws prohibit it. Otherwise, smoking is usually permitted. Always check your agreement.
2. What do I do if second-hand smoke from another apartment affects me?
   Start by notifying your landlord in writing. If the issue is not fixed, submit a Notice of Concern (Form N1), then apply to the Rental Officer if needed.
3. Is cannabis smoking treated the same as tobacco in Nunavut rentals?
   Generally yes, unless your lease makes a distinction. Check for specific restrictions in your tenancy agreement.
4. Are designated smoking areas required in every building?
   No, but many landlords provide them for tenant convenience and health reasons. Check with your landlord or building manager.
5. How are disputes about smoking rules resolved?
   If discussions fail, tenants can escalate complaints first by issuing a Notice of Concern, then by applying to the Rental Officer for a formal decision.

Conclusion: Key Takeaways

• Rental smoking rules should be clear in your lease—ask before signing.
• Tenants have the right to a safe, healthy living space and must respect others’ rights to enjoy their home.
• Use Nunavut’s formal complaints process if smoking-related problems aren’t resolved.

Always document your communications and keep copies of official forms submitted.

Need Help? Resources for Tenants

• Office of the Rental Officer – Nunavut: For residential tenancy disputes, advice, and forms
• Nunavut Legal Services Board: For free tenant legal help (where eligible)
• Nunavut Housing Corporation: Help with social housing and support services

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¹ See the Residential Tenancies Act (Nunavut).
² Official forms and guidance available via the Office of the Rental Officer.

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