Can You Smoke Weed in a Toronto Condo? Cannabis Rules for Condos and Rentals

Ontario allows cannabis in a private residence, but never in indoor common areas, and your condo documents or lease can restrict it further. Here is how the layers fit together.

You can legally smoke or vape cannabis in your own Toronto condo or apartment unit under Ontario law, unless your lease, your condo's declaration, by-laws or rules say otherwise. You can never smoke or vape it in the building's indoor common areas, such as hallways, elevators, lobbies and parking garages.

That is the short answer. The longer one depends on whether you own or rent, what your building's documents say, and how your neighbours are affected. Condo declarations, rules and leases vary a great deal from building to building, so treat this guide as a map of the rules, not a ruling on your unit.

The three layers of rules

Think of it as three layers stacked on top of each other. The strictest one that applies to you wins.

Layer one: what Ontario law says

Ontario's cannabis laws page lists private residences among the places you can smoke or vape cannabis, with an exception for residences that are also workplaces, such as long-term care and retirement homes. The same page adds that municipal bylaws, lease agreements, and property owner policies may impose further restrictions.

What the province prohibits outright is smoking or vaping in indoor common areas. The province's where you can't smoke or vape page gives these examples for condos, apartment buildings and college or university residences:

• elevators
• stairwells
• hallways
• parking garages
• laundry facilities
• lobbies
• exercise areas
• party or entertainment rooms

That page defines smoking to include holding lighted tobacco or cannabis, and the vaping rules apply to vaping anything. The page lists fines on conviction of $1,000 for a first offence and $5,000 for any further offence.

Layer two: condo declarations, by-laws and rules

Every condo in Ontario has its own governing documents, and what is allowed varies from community to community. The Condominium Authority of Ontario explains the key points:

• Buildings can restrict smoke inside units. The CAO gives "prohibiting the creation of smoke or vapour inside units and common elements" as an example of what a condo's provisions may include. These provisions are most likely to be found in the declaration or the rules.
• Rules have to be reasonable. By-laws and rules must be consistent with the declaration and must be reasonable.
• Unreasonable smoke is prohibited regardless. The CAO says the Condominium Act prohibits unreasonable smoke or vapour in units or common elements, regardless of what the condo's governing documents say.
• Everyone has to comply. Section 119(1) of the Act requires condo residents to comply with the corporation's governing documents.
• Accommodation may apply. The CAO notes that people may create smoke or vapour for medical or cultural reasons that may be protected under the Ontario Human Rights Code, and that a condo corporation may have a duty to accommodate to the point of undue hardship, even where its documents prohibit smoke or vapour.

Some buildings' documents talk about "smoking" generally, others about cannabis specifically. Read the exact wording in your own declaration and rules, and ask your property manager if anything is unclear.

Layer three: your lease

If you rent an apartment

Ontario requires its standard lease for most residential tenancy agreements signed on or after April 30, 2018. According to Ontario's guide to the standard lease, section 10 is where a landlord and tenant can agree to rules about smoking in the rental unit.

The province's standard lease guide (PDF) adds two important points:

1. The Residential Tenancies Act does not discuss smoking in a rental unit, so the lease is where it gets settled.
2. Even if the lease does not prohibit smoking, a landlord may apply to the Landlord and Tenant Board to end the tenancy if the smoking substantially interferes with the reasonable enjoyment of the landlord or other tenants, causes undue damage, impairs safety, or substantially interferes with another lawful right, privilege or interest of the landlord.

If you rent a condo unit

You are dealing with both a lease and the condo's documents. The standard lease guide says that if the unit is in a condominium, the tenant agrees to follow the condominium declaration, by-laws and rules provided by the landlord. Ask your landlord for those documents before you sign.

Growing at home

Ontario allows up to four cannabis plants per residence for adults 19 and over, for personal use, with starting material from the Ontario Cannabis Store or an authorized retailer, and only if it is not forbidden by your lease agreement or condo rules. Check both before you start.

If a neighbour's smoke is the problem

• Tenants: the standard lease guide says tenants who believe other people's smoking affects their health or safety or substantially interferes with their reasonable enjoyment should discuss it with their landlord before contacting the Landlord and Tenant Board.
• Condo residents: the CAO says only owners and condo corporations can file cases with the Condominium Authority Tribunal. Tenants in a condo should contact the unit owner.

A checklist before you buy, rent or smoke at home

1. Read your condo declaration, by-laws and rules for anything about smoke, vapour or cannabis.
2. Read section 10 of your lease, or the smoking clause in an older agreement.
3. Never smoke or vape in hallways, elevators, lobbies, garages or other indoor common areas.
4. Think about balconies and shared ventilation: your building's documents or lease may address them.
5. Store cannabis locked and away from children and pets.

If you are new to cannabis, start low and go slow. For medical use, talk to a healthcare provider. For the wider list of where cannabis is and is not allowed, read where you can smoke cannabis in Toronto and Ontario cannabis laws explained.

Visit Sugar Beach Cannabis

Sugar Beach Cannabis is a licensed store at 192 Queens Quay East, Unit A5, Toronto, ON M5A 3Y4, beside Sherbourne Common in East Bayfront. Order online and pick up in store from our live menu; our staff can explain product formats and THC and CBD content. Reach us through the contact page or at 437-780-0285, and read more about us.

Frequently asked questions

This article is general information about cannabis rules and products in Ontario, not legal or medical advice. Rules change: check the official sources linked above. Cannabis is for adults 19+. Never drive impaired.