Tobacco and Co-Ownership in Quebec

Tobacco & Divided Co-Ownership

Balancing of Rights

When analyzing tobacco and co-ownership, a discussion pertaining to the balancing of individual rights versus collective rights is unavoidable. In Quebec, co-owners have the right to the complete enjoyment of their property. That said, recent jurisprudential developments restrict individuals’ rights to the enjoyment of their property when their actions impact other co-owners. This is apparent in condominiums where, for instance, one co-owner's smoking habits are detectable by other co-owners in their respective units.

Smoking in Common Portions

The Tobacco Control Act restricts smoking in all enclosed common portions of co-property. However, smoking in common portions that have restricted use (in most cases this includes balconies) is not prohibited. However, the by-laws of the immovable can be amended to prohibit smoking in common portions that have restricted use following a vote where a majority of co-owners present at an assembly agree.

Smoking in Private Portions

Tribunals now recognize tobacco odors as an abnormal nuisance that is harmful to one’s health.?Syndicates of co-owners reserve the right to prohibit smoking in private portions of co-property following an amendment to the by-laws or the act constituting co-ownership of the immovable. There is therefore no right to smoke in Quebec.

Practical Application of Smoking Prohibitions

If an individual’s smoking persists despite being made aware of the restriction, the syndicate of co-owners may fine the individual by utilizing a penal clause from the act constituting the co-ownership or even apply for injunctive relief.

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