Smoke-Free Environment Rule

Toronto Standard Condominium Corporation No. 2962 — Effective January 18, 2026

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Preamble

WHEREAS the Corporation's board of directors may, in accordance with Section 58 of the Condominium Act, 1998 (the “Act”), enact rules respecting the use of the units, the common elements and the assets of the Corporation to:

  1. promote the safety, security or welfare of the owners and of the property and assets of the Corporation; or,
  2. prevent the unreasonable interference with the use and enjoyment of the units, the common elements or the assets of the Corporation,

AND WHEREAS subsection 117(2) of the Condominium Act, 1998, as amended, prohibits the creation of nuisance odour, smoke, and vapour that unreasonably interferes with the use and enjoyment by others of the common elements and the units;

AND WHEREAS this rule shall be interpreted and applied in accordance with the applicable provisions of the Ontario Human Rights Code regarding accommodating persons with disability related needs;

AND WHEREAS the Corporation's Rule 4(g), 9(k) and 14(g) prohibited smoking and vaping in the common areas, elevators, and recreational facilities of the Corporation;

AND WHEREAS it is intended that this preamble shall form an integral part of this rule;

NOW THEREFORE the Corporation's board of directors hereby repeals and replaces the Smoking Rules 4(g), 9(k) and 14(g) with the following Smoke-Free Environment Rule #18.

18. Smoke-Free Environment

Definitions

18.1 For this rule:

“Smoking” is defined as the holding or inhaling of lit tobacco, cannabis, or burning of any substance to inhale the smoke that is created.

“Vaping” is defined as inhaling the vapour created by an electronic cigarette, vaporizer, or other inhalant-type device.

“Production of Cannabis” is defined as obtaining cannabis by any method or process, including by manufacturing, synthesis, altering its chemical or physical properties by any means, or cultivating, propagating or harvesting cannabis or any living thing from which cannabis may be extracted or otherwise obtained.

Smoking and Vaping Restrictions on Common Elements

18.2

Smoking is prohibited on all indoor and all outdoor common element areas, including all exclusive-use common element balconies. This prohibition applies to the Smoking of any substance, including but not limited to tobacco, cannabis, or any illegal substance. Vaping of any substance is prohibited in all indoor common element areas.

Exception: Designated Smoking Area

18.3

Notwithstanding section 18.2, above, the board of directors may, by board resolution, create, amend, or repeal a “designated smoking area” on the outdoor common elements where smoking is permitted.

No Smoking in Condominium Units

18.4

Except as set out in section 18.5, below, Smoking is prohibited in all condominium units within the Corporation. This prohibition applies to the Smoking of any substance, including but not limited to tobacco, cannabis, or any illegal substance.

Exception: Legacy Units

18.5.1 The Board may, in its discretion, exempt an existing Smoking use in a residential unit, excluding illegal substances, for a period until the owner or tenant no longer resides in the residential unit (the “Legacy Unit”).

18.5.2 In order to be considered for a Legacy Unit exemption, the owner of the subject residential unit must notify the Corporation of the existing Smoking use, including all persons for whom the exemption is being sought and their relationship to the owner, in writing, within thirty (30) days of the date that this Smoke-Free Environment Rule becomes effective. The failure to notify the Corporation within the specified time frame shall disqualify the subject residential unit from being granted a Legacy Unit exemption.

18.5.3 The Board may revoke a Legacy Unit exemption with written notice to the subject owner if the legacy Smoking use is deemed to be a nuisance by the Board or the manager in their discretion, acting reasonably.

18.5.4 A Legacy Unit exemption is not transferable and shall be automatically terminated upon: (i) the sale or transfer of the Legacy Unit; or, (ii) if the person(s) whose Smoking use has been granted an exemption ceases to reside in the Legacy Unit.

No Producing Cannabis

18.6

The Production of Cannabis is prohibited in all condominium units within the Corporation and on all indoor and outdoor common elements, including exclusive-use common element balconies.

The foregoing rule is hereby enacted by Toronto Standard Condominium Corporation No. 2962, said rule having been passed by the board of directors pursuant to section 58 of the Act.