Saskatchewan Smoking Rules for Tenants: Rights & Responsibilities

Understanding smoking policies is essential for tenants in Saskatchewan. Whether you smoke or are concerned about second-hand smoke, knowing the rules can help you navigate conflicts, protect your rights, and avoid misunderstandings with your landlord.

Who Sets Smoking Policies in Saskatchewan Rental Units?

In Saskatchewan, smoking rules in rental housing are shaped by a combination of provincial law, city bylaws, and your signed rental agreement. There are no blanket bans on smoking in private rental homes, but landlords can set non-smoking policies as part of the lease. Public areas (like hallways or amenities) are covered by provincial and municipal restrictions under The Tobacco and Vapour Products Control Act^[1].

Can Landlords Ban Smoking?

• Yes, landlords can make a rental unit non-smoking. This must be included as a term in your lease, either at signing or through a mutually-agreed change.
• Policies can cover smoking tobacco, cannabis, vaping, and sometimes incense or candles.
• If the rental agreement does not mention smoking, it may be allowed in your private unit, but not in shared or common areas (subject to local bylaws).

Where Can You Smoke?

• Common areas (like hallways, stairwells, or laundry rooms) are always smoke-free under provincial law.
• In your private unit, smoking is only permitted if your lease allows it. Always check your rental agreement.
• Outdoor spaces (balconies, patios) may have restrictions. Some buildings prohibit smoking on all property grounds.

If smoking is important to you, clarify the rules with your landlord before signing.

Changing or Enforcing a Smoking Policy

A landlord cannot change a smoking policy in an existing fixed-term lease unless you both agree in writing. For month-to-month leases, the landlord may amend the terms by giving proper written notice (at least one full rental period ahead).

If a landlord wishes to introduce a no-smoking policy, they must:

• Provide a written notice detailing the new rule and when it takes effect
• Offer you the choice to accept, negotiate, or end your tenancy if you disagree

Tenants are responsible for following agreed-upon smoking clauses. Violating a no-smoking policy can lead to warnings, a Notice to Vacate, or deductions from your damage deposit to recover cleaning or repair costs.

Dealing With Second-Hand Smoke or Policy Breaches

If you are experiencing issues with second-hand smoke, or a neighbor is not following no-smoking rules, consider these steps:

• Document the issue: dates, times, and impacts
• Communicate concerns to your landlord in writing
• If unresolved, contact Saskatchewan's Office of Residential Tenancies (ORT) for help

If second-hand smoke is affecting your health or reasonable enjoyment of your home, you may have grounds to apply for a remedy under the law.

Relevant Legislation and Enforcement

Most smoking disputes are governed by The Residential Tenancies Act, 2006^[2]. For guidance and dispute resolution, the provincial tribunal is the Office of Residential Tenancies (ORT).

Filing a Complaint or Seeking a Remedy

If you need to make a formal application (for example, for a repair order or to address a serious violation), use the "Application for Hearing – Form C" from the ORT. When to use: Suppose your lease is non-smoking, but your neighbor constantly smokes indoors and management isn't resolving the issue. You can:

• Fill out Application for Hearing – Form C
• Provide supporting documentation (lease, communications, evidence of harm)
• Submit to the ORT online, by mail, or in person (ORT instructions)

If the tribunal finds that the landlord or another tenant has breached the tenancy agreement or your rights under provincial law, they can issue binding orders.

For more about your legal rights and related obligations, see the detailed overview at Tenant Rights and Landlord Rights in Saskatchewan.

Looking for a new place with a clear non-smoking policy or a smoke-friendly building? Find rental homes across Canada on Houseme and use filters to match your preferences.

FAQ: Smoking in Saskatchewan Rental Housing

1. Can a landlord ban all smoking, including cannabis, in my Saskatchewan rental?
   Yes. A landlord can prohibit all forms of smoking (including cannabis and vaping) if the terms are set in your lease. Make sure you review the agreement before signing.
2. What if my lease doesn't mention smoking?
   Unless otherwise stated, smoking may be permitted in private units but is always banned in common areas by law. However, check for other building-wide rules or local bylaws.
3. How do I address second-hand smoke from neighbors?
   Raise the concern with your landlord, document all incidents, and request enforcement of the rules. If unresolved, you can apply for a hearing with the Office of Residential Tenancies.
4. Can my landlord charge me for smoke damage?
   Yes. If you violate a no-smoking clause or cause smoking-related damage, your landlord can claim costs from your security deposit. See more in Understanding Rental Deposits: What Tenants Need to Know.
5. Can a landlord change the smoking policy partway through my tenancy?
   Usually, the policy in your signed agreement applies until your lease is up. For month-to-month renters, proper written notice is required before changing the rules.

Key Takeaways for Tenants

• Always check your lease for smoking rules before signing.
• Landlords can ban smoking, but only if it's clearly set out and agreed upon.
• Use official complaint and hearing forms if you have unresolved problems.

Know your rights and protect your comfort and safety by understanding Saskatchewan's rules about smoking in rental units.

Need Help? Resources for Tenants

• Saskatchewan Renters and Tenants - Official Government Hub
• Office of Residential Tenancies (ORT): Disputes and Hearings – Call 1-888-215-2222
• City of Saskatoon Smoking Bylaw Guide (sample city)
• Tenant advocacy support: Local legal aid clinics and Saskatchewan's Public Legal Education Association

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1. The Tobacco and Vapour Products Control Act (Saskatchewan Government)
2. The Residential Tenancies Act, 2006 (PDF – Saskatchewan Government)

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