Increasing numbers of residents living in multi-unit housing are finding themselves trapped with unwelcome second-hand smoke infiltrating their homes from neighbouring apartments. In many cases their homes have become uninhabitable and they are desperate for relief from the smoke. Many individuals have exhausted all attempts to successfully resolve the issue themselves, including negotiating with neighbours who smoke and asking for assistance from landlords. Some are forced to either move or apply to tribunals or the courts for help, at great personal and emotional distress and significant financial expense.


While addressing second-hand smoke in multi-unit housing can be challenging, there are measures you can take to protect yourself and your family from exposure to this toxic intrusion into your home. This section provides you with tools and concrete steps to secure your right to live free from this unreasonable and serious interference with your tenancy and threat to your health.

Taking Action: Steps to Address Second-Hand Smoke Exposure

Tenants Have a Right to Quiet Enjoyment

Under the Residential Tenancy Act, all tenants are entitled to quiet enjoyment, meaning the right to be free from behaviours that create a nuisance or hazard, or that unreasonably interfere with a tenant’s right to the use and enjoyment of their home. Regardless of whether your building has a 100% smoke-free policy or smoking is allowed in some or all of the units, if you are suffering from extensive and ongoing smoke infiltrating your home from neighbouring units, you have the right to ask your landlord to protect you and your family.


Although second-hand smoke cannot be completely eliminated from a multi-unit building without implementing a 100% smoke-free policy, there are measures that tenants and landlords can take to reduce smoke infiltration. 

Tenants Have a Right to Quiet Enjoyment


Under the Residential Tenancy Act, all tenants are entitled to quiet enjoyment, meaning the right to be free from behaviours that create a nuisance or hazard, or that unreasonably interfere with a tenant’s right to the use and enjoyment of their home. Regardless of whether your building has a smoke-free policy or smoking is allowed in some or all of the units, if you are suffering from extensive and ongoing smoke infiltrating your home from neighbouring units, your landlord has a responsibility to  protect you and your family from this serious intrusion.


Although second-hand smoke cannot be completely eliminated from a multi-unit building without implementing a 100% smoke-free policy, there are measures that tenants and landlords can take to reduce or eliminate smoke infiltration.

The "steps" listed below are also available as a downloadable/printable pdf

Step 1: Document & Collect Evidence

While all tenants are entitled to quiet enjoyment in their home, when it comes to second-hand smoke complaints, many landlords are hesitant or unwilling to deal with the problem. As a result, you will need to build a solid case that your exposure to second-hand smoke is a significant and ongoing problem. Further, if your landlord refuses to resolve the problem, and you choose to apply to the Residential Tenancy Branch for adjudication, you will need sufficient evidence to successfully argue your case.


The question of whether a complaint constitutes a breach of quiet enjoyment can be challenging, but common law has found that it is based on what an ordinary, reasonable person would consider being a nuisance or unreasonable disturbance. That said, it has to be more than a temporary discomfort or inconvenience. To constitute a breach of quiet enjoyment, you must prove that the smoke is significant, ongoing and impacting your health and/or use and enjoyment of your home. See Tools to read The Challenge with Proving a Breach of Quiet Enjoyment.


Document the source and extent of the smoke: Keep a Log to track your efforts.

  • If possible, identify how the smoke is entering your unit i.e. from your bedroom window; when you turn on your bathroom or kitchen fan, from electrical outlets or the neighbouring balcony.
  • Keep track of how often the smoke enters your unit on a daily or weekly basis. Do you smell the smoke all the time, at certain times of the day? List the dates, times and frequency of occurrence.
  • Identify how much smoke is entering your unit. This can be difficult to determine, but is the smell overwhelming, or is there just a whiff of smoke? Does the smoke stay in one area or does it permeate other areas of the home? Does the smoke remain, cling to furniture or does it subside after a time?
  • Identify when the problem started. Did you start smelling the smoke as soon as you moved into your unit? Did you notice the smoke when a new resident moved in? 


Document the health impacts on you and your family:

  • Document symptoms or illnesses caused by the smoke infiltrating your home. Symptoms may include asthma attacks, headaches, burning and watery eyes, sore throat, bronchitis, ear infection, heart problems, to name just a few.
  • Indicate if the smoke is worsening a pre-existing health condition such as asthma, allergies, heart disease, high blood pressure, fibromyalgia, or cancer. You may have grounds to request accommodation in accordance with the Human Rights Code. See Legal Information section for more information.
  • Indicate whether the smoke seeping into your home is causing anxiety or fear due to the potential or actual health impacts on you and/or your family members.
  • Indicate if you have a newborn in the family. Babies exposed to second-hand smoke have a higher risk of dying from sudden infant death syndrome.


Document the impact on the use and enjoyment of your home:

  • Have parts or all of your home become uninhabitable at times?
  • Are you forced to stay out of certain rooms because of the smoke?
  • Are you unable to open your windows or balcony door due to smoke?
  • Are you unable to use your balcony because of the smoke?
  • Are you unable to use your fans or heating system because it exacerbates the problem?
  • Have you been forced to leave your home on certain days or at specific times to avoid the smoke?
  • Are friends and family with health conditions unable to visit you because of the smoke seeping into your unit?


Collect supporting evidence:

  • Did your landlord misrepresent the tenancy with assurances that the building was 100% smoke-free? Do you have any witnesses to verify this discussion? Do you have access to the original advertisement?
  • Obtain written proof from neighbours, friends and family concerning the amount and frequency of smoke entering your home. The more people who can verify your complaint, the stronger your case.
  • Obtain a letter from your physician to verify how the smoke is impacting your health or the health of a family member.
  • If you have a disability or pre-existing medical condition and request your landlord accommodate your disability, provide sufficient medical information so the landlord can understand the nature of your disability and how it is adversely impacted by exposure to second-hand smoke. Please note that your doctor may charge a fee for this request.

Step 2: Minimize the Problem

Explore all reasonable steps available to reduce or prevent the smoke from entering your unit. It will be important to demonstrate that you have attempted to minimize the problem yourself before taking further actions or legal recourse. Based on a review of dispute resolution decisions, adjudicators consider whether tenants have taken all reasonable steps to minimize the problem before applying to the Residential Tenancy Branch. 


Talk to your neighbours

  • If you feel comfortable, consider talking to your smoking neighbour. They might not realize that the smoke is a problem for you. Try to focus on solutions such as asking the neighbour to smoke outside, smoke in another area, close doors or windows, or seal the source of the smoke.
  • Seek support from other neighbours in the building. They might be experiencing the same problem, and may be willing to support your efforts.
  • Consider starting a tenant petition requesting that the building be converted to 100% smoke-free status. While the smoke may not personally affect others, your neighbours may be sympathetic and lend their support. The majority of renters in BC would prefer a smoke-free building, so there may be benefits for them as well.
     

Try measures to reduce air transfer

  • Install door sweeps and weather stripping around windows.
  • Fill or patch cracks in walls and ceilings.
  • Seal plumbing penetrations with caulking or spray-in foam.
  • Place covers over electrical outlets.

 

This may be difficult for many people, especially if you don’t know how the smoke is entering your unit. Multi-unit buildings can have various ways that air moves throughout the building, including under doors from common areas, electrical outlets, wiring and plumbing penetrations, ducts, fans, and poorly functioning ventilation systems. You may want to discuss options with your caretaker before taking any action.


Note: Air filters, purifiers and ventilation systems cannot completely eliminate the toxins in second-hand smoke. Health and engineering experts agree that the only way to eliminate the health risks associated with indoor exposure to secondhand smoke is to prohibit all smoking activity.

Step 3: Negotiate Solutions

You will likely get a better outcome if you cooperate with your landlord to discuss possible solutions. In the Leary decision (see Case Law Highlights), the B.C. Human Rights Tribunal offered advice for navigating cases where a resident is seeking accommodation in relation to second-hand smoke. The Tribunal stated that it's important to negotiate solutions, as you might not be entitled to the 'perfect' accommodation, but to one that reasonably addresses your needs and upholds your dignity in housing.


Notify your landlord
If your efforts to reduce the smoke are unsuccessful, write a complaint letter  to your landlord that your right to quiet enjoyment is being violated and that the landlord has a legal obligation to correct the problem: 

  • Explain the extent, frequency and impact of the problem, and identify what steps you have taken to resolve the problem to date.
  • Include all your supporting evidence from your physician concerning the impact on your health, as well as letters from friends and neighbours to verify your claims.
  • Indicate your willingness to work with the landlord to resolve the problem and propose potential solutions that you think might work and ask for a response by a specific date. 


Work with your landlord to negotiate solutions

  • You may have an idea that the landlord has not considered, so offer some suggestions.
  • Request the landlord hire an air quality expert to report on how the smoke is entering the unit, the severity of the smoke, and recommendations for preventing the smoke transfer.
  • Work with the smoking tenant to negotiate solutions if appropriate, such as that the smoker stop smoking in specified areas to stop the smoke from entering your home; only smoke during specified times of the day; or only smoke in designated outside areas.
  • If the landlord has other buildings, maybe the tenant who smokes could move to another building.
  • Request that the landlord consider designating an outdoor smoking area or provide a gazebo as a compromise. It should only be located in areas at least 9 meters from windows, doors and air intakes.


Talk to your landlord about converting to a smoke-free building

  • Smoke-free policies are legal and have many benefits for landlords and tenants, including: less damage to units, cheaper turnover costs, lower risk of fires, and fewer complaints about second-hand smoke. Plus, more and more landlords are being held liable at tribunals for not adequately responding to complaints of second-hand smoke,. Given the costs to landlords, going smoke-free is good for resident health and good for their bottom line.
  • Refer your landlord to this website. The landlord section includes steps on how to go smoke-free, as well as legal information, market research and the benefits of going smoke-free.

Step 4: Last Resort Remedies

If your landlord refuses to act or you are not satisfied with the solutions offered

Request that the landlord consider evicting the tenant who continues to breach your right to quiet enjoyment

  • If a solution cannot be negotiated, the landlord has a duty to correct the problem, including the option of evicting the smoking tenant if their behaviour continues to breach your right to quiet enjoyment by exposing you and your family to unacceptable levels of toxic smoke.


  • If your landlord evicts the smoking tenant, be prepared to support the landlord at the Residential Tenancy Branch if the tenant disputes the eviction notice.

If your landlord refuses to act or you are not satisfied with the solutions offered


Request that the landlord consider evicting the tenant who continues to breach your right to quiet enjoyment.

  • If a solution cannot be negotiated, the landlord has a duty to correct the problem, including the option of evicting the smoking tenant if their behaviour continues to breach your right to quiet enjoyment by exposing you and your family to unacceptable levels of toxic smoke.


  • If your landlord evicts the smoking tenant, be prepared to support the landlord at the Residential Tenancy Branch if the tenant disputes the eviction notice.

Apply for a Dispute Resolution Hearing

If you’ve taken all steps possible to resolve the problem of smoke infiltrating your home, and you are not satisfied that the landlord has taken reasonable steps to correct it, you have the option of applying to the Residential Tenancy Branch (RTB) for an order requiring the landlord to provide quiet enjoyment and/or compensate you for your loss of quiet enjoyment.


To prove that second-hand smoke has caused a loss of quiet enjoyment, evidence must be strong and compelling. The onus is on tenants (or landlords if they evict the smoking tenant) to provide proof that the amount of smoke is frequent, ongoing and significantly interfering with your use and quiet enjoyment of the home. This is not always easy to do, as there are no guidelines for what amount of smoke entering a home is considered significant and unreasonable. However, landlords have been found liable and ordered to pay costs for failure to adequately address complaint of second-hand smoke. See Tools to read The Challenge with Proving a Breach of Quiet Enjoyment.


Dispute resolution is the formal process for resolving landlord tenant disputes and is similar to a court proceeding. Although arbitrators prefer to be consistent, their decisions are not bound by precedent. Decisions are made using the "balance of probabilities" standard of proof, which essentially comes down to a question of credibility - arbitrators must decide whose side of the story is more likely to be truthful. This is why building your case is so important, including collecting comprehensive evidence of the breach to your quiet enjoyment and finding witnesses who can attest to the presence of smoke in your home at a hearing if necessary.


See Tools section for reading a document called Applying for Dispute Resolution - which includes a checklist for preparing your case, factors an Arbitrator may consider, as well as types of remedies you might consider requesting .


Apply to the Human Rights Tribunal

Many tenants in BC have applied to the Human Rights Tribunal on the basis that the landlord did not take reasonable steps to resolve a problem of second-hand smoke infiltrating their homes from a neighbouring unit. A tenant who suffers from a disability that is exacerbated by second-hand smoke, such as asthma or heart disease, could take the position that the landlord has a responsibility to limit or ban smoking in order to accommodate the tenant’s disability.


Under the Human Rights Code, everyone has the right to be free from discrimination when renting an apartment, house, co-op unit or other space. if a tenant can show that they have a disability or medical condition that is negatively impacted in relation to provision of services (housing) by the landlord as a result of that disability, they could establish the proof needed for a case of discrimination. Once the  tenant (complainant) establishes discrimination, the onus shifts to the landlord to justify its actions, including proof that they have accommodated the complainant up to the point of undue hardship.


In the case of Leary v. Strata Plan VR1001, 2016 BCHRT 139, a strata owner who suffered from asthmatic bronchitis won a human rights claim against her strata when it was established that the strata failed to take any meaningful action to address her complaints about smoke infiltrating her home from neighbouring units. The strata was ordered to pay $7,500 as compensation for injury to her dignity, feelings and self-respect. See Tools & Resources section for a list of legal resources that provide support to residents with human rights complaints. 


Move to a Smoke-Free Building

In some cases, if your health is at risk and you don’t want to continue to expose yourself or your family to a hazardous substance on a frequent and prolonged basis, moving may be the best decision to protect your health. If this means having to be freed from a fixed term lease, negotiate a mutual agreement with your landlord to end this tenancy without penalty. Keep in mind that you have up to two years after moving to make an application to the RTB to recover your moving costs. Keep your bills in case you need to break your lease in order to move to escape the smoke.


If you want move to a building that is 100% smoke-free, ensure that you get confirmation that the no-smoking policy applies to the entire building (inside units and balconies) and not just the one you are renting. Sometimes buildings are converting to smoke-free status and still have some tenants that are allowed to smoke. If smoking is allowed on a designated smoking area on the property, ensure that the area is at least 9 meters from windows, doors and air intakes. See Tools & Resources section below for a document called Moving to a 100% Smoke-Free Building.

  • Step One - Document & Collect Evidence

    While all tenants are entitled to quiet enjoyment in their home, when it comes to second-hand smoke complaints, many landlords are hesitant or unwilling to deal with the problem. As a result, you will need to build a solid case that your exposure to second-hand smoke is a significant and on-going problem. Further, if your landlord refuses to resolve the problem, and you choose to apply to the Residential Tenancy Branch for adjudication, you will need sufficient evidence to successfully argue your case.


    The question of whether a complaint constitutes a breach of quiet enjoyment can be challenging, but common law has found that it is based on what an ordinary, reasonable person would consider being a nuisance or unreasonable disturbance. That said, it has to be more than a temporary discomfort or inconvenience. To constitute a breach of quiet enjoyment, you must prove that the smoke is significant, ongoing and impacting your health and/or use and enjoyment of your home. See Tools to read The Challenge with Proving a Breach of Quiet Enjoyment.


    Document the source and extent of the smoke: Keep a Log to track your efforts.

    • If possible, identify how the smoke is entering your unit i.e. from your bedroom window; when you turn on your bathroom or kitchen fan, from electrical outlets or the neighbouring balcony.
    • Keep track of how often the smoke enters your unit on a daily or weekly basis. Do you smell the smoke all the time, at certain times of the day? List the dates, times and frequency of occurrence.
    • Identify how much smoke is entering your unit. This can be difficult to determine, but is the smell overwhelming, or is there just a whiff of smoke? Does the smoke stay in one area or does it permeate other areas of the home? Does the smoke remain, cling to furniture or does it subside after a time?
    • Identify when the problem started. Did you start smelling the smoke as soon as you moved into your unit? Did you notice the smoke when a new resident moved in? 

    Document the health impacts on you and your family:

    • Document symptoms or illnesses caused by the smoke infiltrating your home. Symptoms may include asthma attacks, headaches, burning and watery eyes, sore throat, bronchitis, ear infection, heart problems, to name just a few.
    • Indicate if the smoke is worsening a pre-existing health condition such as asthma, allergies, heart disease, high blood pressure, fibromyalgia, or cancer. You may have grounds to request accommodation in accordance with the Human Rights Code. See Legal Information section for more information.
    • Indicate whether the smoke seeping into your home is causing anxiety or fear due to the potential or actual health impacts on you and/or your family members. 
    • Indicate if you have a newborn in the family. Babies who are exposed to second-hand smoke have a higher risk of dying from sudden infant death syndrome (SIDS). 

    Document the impact on the use and enjoyment of your home:

    • Have parts or all of your home become uninhabitable at times? 
    • Are you forced to stay out of certain rooms because of the smoke?
    • Are you unable to open your windows or balcony door due to smoke?
    • Are you unable to use your balcony because of the smoke?
    • Are you unable to use your fans or heating system because it exacerbates the problem?
    • Have you been forced to leave your home on certain days or at specific times to avoid the smoke?
    • Are friends and family with health conditions unable to visit you because of the smoke seeping into your unit?

    Collect supporting evidence:

    • Did your landlord misrepresent the tenancy with assurances that the building was 100% smoke-free? Do you have any witnesses to verify this discussion? Do you have access to the original advertisement?
    • Obtain written proof from neighbours, friends and family concerning the amount and frequency of smoke entering your home. The more people who can verify your complaint, the stronger your case. 
    • Obtain a letter from your physician to verify how the smoke is impacting your health or the health of a family member. 
    • If you have a disability or pre-existing medical condition and request your landlord accommodate your disability, provide sufficient medical information so the landlord can understand the nature of your disability and how it is adversely impacted by exposure to second-hand smoke. Please note that your doctor may charge a fee for this request.

  • Step Two - Minimize the problem

    Explore all reasonable steps available to reduce or prevent the smoke from entering your unit. It will be important to demonstrate that you have attempted to minimize the problem yourself before taking further actions or legal recourse. Based on a review of dispute resolution decisions, adjudicators consider whether tenants have taken all reasonable steps to minimize the problem before applying to the Residential Tenancy Branch. 


    Talk to your neighbours

    • If you feel comfortable, consider talking to your smoking neighbour. They might not realize that the smoke is a problem for you. Try to focus on solutions such as asking the neighbour to smoke outside, smoke in another area, close doors or windows, or seal the source of the smoke.
    • Seek support from other neighbours in the building. They might be experiencing the same problem, and may be willing to support your efforts.
    • Consider starting a tenant petition requesting that the building be converted to 100% smoke-free status. While the smoke may not personally affect others, your neighbours may be sympathetic and lend their support. The majority of renters in BC would prefer a smoke-free building, so there may be benefits for them as well.

     

    Try measures to reduce air transfer

    • Install door sweeps and weather stripping around windows. 
    • Fill or patch cracks in walls and ceilings. 
    • Seal plumbing penetrations with caulking or spray-in foam. 
    • Place covers over electrical outlets. 

     

    This may be difficult for many people, especially if you don’t know how the smoke is entering your unit. Multi-unit buildings can have various ways that air moves throughout the building, including under doors from common areas, electrical outlets, wiring and plumbing penetrations, ducts, fans, and poorly functioning ventilation systems. You may want to discuss options with your caretaker before taking any action. 


    Note: Air filters, purifiers and ventilation systems cannot completely eliminate the toxins in second-hand smoke. Health and engineering experts agree that the only way to eliminate the health risks associated with indoor exposure to secondhand smoke is to prohibit all smoking activity.

  • Step Three - Negotiate Solutions

    You will likely get a better outcome if you cooperate with your landlord to discuss possible solutions. In the Leary decision (see Case Law Highlights under the Legal Information section below), the B.C. Human Rights Tribunal offered advice for navigating cases where a resident is seeking accommodation in relation to second-hand smoke. The Tribunal stated that it's important to negotiate solutions, as you might not be entitled to the 'perfect' accommodation, but to one that reasonably addresses your needs and upholds your dignity in housing. 


    Notify your landlord

    • If your efforts to reduce the smoke are unsuccessful, write a complaint letter  to your landlord that your right to quiet enjoyment is being violated and that the landlord has a legal obligation to correct the problem:  
    • Explain the extent, frequency and impact of the problem, and identify what steps you have taken to resolve the problem to date. 
    • Include all your supporting evidence from your physician concerning the impact on your health, as well as letters from friends and neighbours to verify your claims. 
    • Indicate your willingness to work with the landlord to resolve the problem and propose potential solutions that you think might work and ask for a response by a specific date. 

    Work with your landlord to negotiate solutions

    • You may have an idea that the landlord has not considered, so offer some suggestions. 
    • Request the landlord hire an air quality expert to report on how the smoke is entering the unit, the severity of the smoke, and recommendations for preventing the smoke transfer.
    • Work with the smoking tenant to negotiate solutions if appropriate, such as that the smoker stop smoking in specified areas to stop the smoke from entering your home; only smoke during specified times of the day; or only smoke in designated outside areas.
    • If the landlord has other buildings, maybe the tenant who smokes could move to another building. 
    • Request that the landlord consider designating an outdoor smoking area or provide a gazebo as a compromise. It should only be located in areas at least 9 meters from windows, doors and air intakes.

    Talk to your landlord about converting to a smoke-free building

    • Smoke-free policies are legal and have many benefits for landlords and tenants, including: less damage to units, cheaper turnover costs, lower risk of fires, and fewer complaints about second-hand smoke. Plus, more and more landlords are being held liable at tribunals for not adequately responding to complaints of second-hand smoke,. Given the costs to landlords, going smoke-free is good for resident health and good for their bottom line.
    • Refer your landlord to this website. The landlord section includes steps on how to go smoke-free, as well as legal information, market research and the benefits of going smoke-free.

  • Step Four - Last Resort Remedies

    If your landlord refuses to act or you are not satisfied with the solutions offered


    Request that the landlord consider evicting the tenant who continues to breach your right to quiet enjoyment.

    • If a solution cannot be negotiated, the landlord has a duty to correct the problem, including the option of evicting the smoking tenant if their behaviour continues to breach your right to quiet enjoyment by exposing you and your family to unacceptable levels of toxic smoke. 
    • If your landlord evicts the smoking tenant, be prepared to support the landlord at the Residential Tenancy Branch if the tenant disputes the eviction notice.

    Apply for a Dispute Resolution Hearing

    If you’ve taken all steps possible to resolve the problem of smoke infiltrating your home, and you are not satisfied that the landlord has taken reasonable steps to correct it, you have the option of applying to the Residential Tenancy Branch (RTB) for an order requiring the landlord to provide quiet enjoyment and/or compensate you for your loss of quiet enjoyment. 


    To prove that second-hand smoke has caused a loss of quiet enjoyment, evidence must be strong and compelling. The onus is on tenants (or landlords if they evict the smoking tenant) to provide proof that the amount of smoke is frequent, on-going and significantly interfering with your use and quiet enjoyment of the home. This is not always easy to do, as there are no guidelines for what amount of smoke entering a home is considered significant and unreasonable. However, landlords have been found liable and ordered to pay costs for failure to adequately address complaint of second-hand smoke. See Tools to read The Challenge with Proving a Breach of Quiet Enjoyment.


    Dispute resolution is the formal process for resolving landlord tenant disputes and is similar to a court proceeding. Although arbitrators prefer to be consistent, their decisions are not bound by precedent. Decisions are made using the "balance of probabilities" standard of proof, which essentially comes down to a question of credibility--arbitrators must decide whose side of the story is more likely to be truthful. This is why building your case is so important, including collecting comprehensive evidence of the breach to your quiet enjoyment and finding witnesses who can attest to the presence of smoke in your home at a hearing if necessary. See Tools for reading Applying for Dispute Resolution.


    Apply to the Human Rights Tribunal

    Many tenants in BC have applied to the Human Rights Tribunal on the basis that the landlord did not take reasonable steps to resolve a problem of second-hand smoke infiltrating their homes from a neighbouring unit. A tenant who suffers from a disability that is exacerbated by second-hand smoke, such as asthma or heart disease, could take the position that the landlord has a responsibility to limit or ban smoking in order to accommodate the tenant’s disability. 


    Under the Human Rights Code, everyone has the right to be free from discrimination when renting an apartment, house, co-op unit or other space. if a tenant can show that they have a disability or medical condition that is negatively impacted in relation to provision of services (housing) by the landlord as a result of that disability, they could establish the proof needed for a case of discrimination. Once the  tenant (complainant) establishes discrimination, the onus shifts to the landlord to justify its actions, including proof that they have accommodated the complainant up to the point of undue hardship.


    In the case of Leary v. Strata Plan VR1001, 2016 BCHRT 139, a strata owner who suffered from asthmatic bronchitis won a human rights claim against her strata when it was established that the strata failed to take any meaningful action to address her complaints about smoke infiltrating her home from neighbouring units. The strata was ordered to pay $7,500 as compensation for injury to her dignity, feelings and self-respect. See Tools & Resources section for a list of legal resources that provide support to residents with human rights complaints. 


    Move to a Smoke-Free Building

    In some cases, if your health is at risk and you don’t want to continue to expose yourself or your family to a hazardous substance on a frequent and prolonged basis, moving may be the best decision to protect your health. If this means having to be freed from a fixed term lease, negotiate a mutual agreement with your landlord to end this tenancy without penalty. Keep in mind that you have up to two years after moving to make an application to the RTB to recover your moving costs. Keep your bills in case you need to break your lease in order to move to escape the smoke.


    If you want move to a building that is 100% smoke-free, ensure that you get confirmation that the no-smoking policy applies to the entire building (inside units and balconies) and not just the one you are renting. Sometimes buildings are converting to smoke-free status and still have some tenants that are allowed to smoke. If smoking is allowed on a designated smoking area on the property, ensure that the area is at least 9 meters from windows, doors and air intakes. See Tools & Resources section below for a document called Moving to a 100% Smoke-Free Building.

Legal Information

Fighting for the right to breathe clean air in your own home can be a confusing undertaking with no clear path to success. This section aims to simplify and clarify the various laws and regulations that govern smoking in residential buildings in BC, including:


  • Municipal bylaws: Many local governments have Smoke-Free Bylaws for public places, and some are more stringent than the provincial laws.

  • Case law highlights and common questions on second-hand smoke in multi-unit housing.

BC Laws

This section provides a brief description of the laws and regulations that govern smoking in residential multi-unit housing in BC.


  • Tobacco and Vapour Products Control Act

    In most jurisdictions across Canada, including British Columbia, smoking is banned in all indoor public places and workplaces, including restaurants and bars. (The smoking ban in workplaces also applies to apartment units when workers are painting or conducting renovations). While there are no provincial laws that regulate smoking in private residences of multi-unit housing, BC enacted legislation to ban smoking in common areas and entrances of apartment buildings and condominiums.


    Under the Tobacco and Vapour Products Control Act and Regulation, smoking is banned in apartments and condominiums in common enclosed areas, including:

    • Elevators, hallways, parking garages, party or entertainment rooms, laundry facilities, lobbies; and
    • Within 6 metres (buffer zones) of a doorway, open window or air intake of common enclosed areas.

    IMPORTANT CLARIFICATION: This legislation does not apply to individual units or balconies in apartments or condominiums. It specifically avoids any attempt to regulate smoking in private residences.


    Note: You may live in a municipality that has greater restrictions on smoke/vape use than provincial legislation. If your community has such a bylaw, it takes precedence over the provincial requirement. For instance, some communities have buffer zones that are larger than 6 metres or they may ban use on outdoor spaces, such as beaches or playgrounds. Whichever requirement is more restrictive - that is the requirement you must follow. Read more about Tobacco and Vapour-Free Places.

  • Cannabis Control and Licensing Act and regulations

    On October 17, 2018 the federal government legalized non-medical cannabis in Canada under the Cannabis Act. In response, British Columbia changed the provincial Residential Tenancy Act so that:

    • For tenancy agreements signed before October 17, 2018:
    1. cannabis smoking is banned for non-medical purposes (but not vaping) under existing leases that already ban smoking tobacco, and
    2. the personal cultivation of non-medical cannabis is prohibited.

    • For tenancy agreements entered into after October 17, 2018, the agreements must include specific additions to the tenancy banning cannabis smoking, vaping and cultivation of non-medical cannabis.

    For more information, click here.

  • Residential Tenancy Act

    Tenants have a right to quiet enjoyment


    According to Section 28 of the Residential Tenancy Act, all tenants are entitled to the right to quiet enjoyment, which includes being free from unreasonable disturbances or situations that are jeopardizing their health and/or interfering with the quiet enjoyment of their home. Second-hand smoke can constitute a breach of quiet enjoyment.


    If a Tenancy Agreement does not include a no-smoking clause, tenants are allowed to smoke in their units. However, tenants do not have unfettered rights to smoke. If other tenants can show that second-hand smoke is infiltrating their home from a neighbouring unit or balcony on a frequent and ongoing basis, and substantially interfering with their quiet enjoyment or jeopardizing their health, then landlords have a duty to act to address the problem.


  • BC Human Rights Code and duty to accommodate

    The Human Rights Code is a BC statute that protects the public against various prohibited forms of discrimination, including discrimination based on a disability. In a housing context, landlords are subject to claims under Section 8 of the Human Rights Code, whereby everyone has the right to be free from discrimination when renting an apartment, house, co-op unit or other space. 


    Under the Code, if a tenant can show that they have a disability or medical condition that is negatively impacted in relation to provision of services (housing) by the landlord as a result of that disability, they could establish the proof needed for a case of discrimination. Once the tenant establishes discrimination, the onus shifts to the landlord to justify their actions, including proof that they have accommodated the complainant up to the point of undue hardship.


    More and more tenants with disabilities are applying to the Human Rights Tribunal because their landlords failed to take adequate steps to accommodate their disability.  A tenant who suffers from a disability that is adversely impacted by second-hand smoke, such as asthma or heart disease, could take the position that the landlord has a responsibility to limit or ban smoking in order to accommodate their disability. 


    For more information, see Case Law Highlights below. 


    For a list of legal services to help with human rights complaints, see Tools & Resources section below. 


    Note: This information is for information purposes only and should not be relied upon as legal advice.

      

  • Municipal Smoke-Free Bylaws

    Municipal governments have the authority to ban or restrict smoking in public places within their geographic limits and to create smoking bylaws that exceed Provincial smoke-free regulations. In fact, many local governments such as Campbell River, Penticton, Prince George, Vancouver, Victoria, Whistler, and Williams Lake have bylaws to restrict smoking in public places.


    With regard to multi-unit housing, some municipalities have enacted stronger buffer zone requirements than the province, including Vancouver, Surrey, Richmond and the Capital Regional District.  To enforce these buffer zone restrictions, complaints should be made to the municipal bylaw enforcement department.


    It should also be noted that municipalities in BC could pass bylaws regulating smoking in apartment and condominiums, though none have to date. The City of St. John’s in Newfoundland and Labrador recently adopted new non-smoking rules for its non-profit housing. The rule means that all new tenants who sign tenancy agreements with the City will have to agree not to smoke inside their units. 

  • Enforcement of government smoke-free legislation

    Landlords are responsible to take reasonable steps to prevent people from smoking/vaping within the six metre buffer zone on their property. The legislation does not apply to the private rental units or balconies, but does apply to areas that are common to all tenants, workers and guests of the building.


    Tips for ensuring compliance with provincial smoke-free legislation:

    • Notifying residents of the smoke-free areas
    • Posting no-smoking signage
    • Removing ashtrays from areas where smoking is banned
    • Ensure smokers keep at least 6 meters away from the building doorways, windows or intakes (unless the municipal bylaw is stricter)

    If a Landlord is not able to enforce the legislation, they should contact their local Health Authority, and ask for a representative in the tobacco control area. Tobacco Enforcement Officers through the various Health Authorities are charged with the day-to-day enforcement of BC tobacco control legislation.


    Note: Where municipal bylaws are stricter than provincial legislation, unresolved complaints should be made to the municipal bylaw enforcement department.


    Read more about enforcing BC tobacco laws.

Case Law Highlights

Landlords Can Be Held Liable


If you have taken all reasonable steps to eliminate toxic second-hand smoke from entering your home without success - and your landlord refuses to act to resolve the situation - you may be interested to know that more and more housing providers are being held liable at the Residential Tenancy Branch for failure to protect their residents from this serious threat to their health. 


Further, housing providers are subject to claims under Section 8 of the Human Rights Code, which states that everyone has the right to be free from discrimination when renting an apartment, house, co-op unit or other space. If a tenant can show that they have a disability or medical condition that is negatively impacted by smoke invading your home, they may have a case of discrimination. Once discrimination is established, the onus shifts to the housing provider to justify their actions. If you have a disability that is negatively impacted by exposure to the smoke in your home, you may want to consider applying to the Human Rights Tribunal.

Landlords Can Be Held Liable


If you have taken all reasonable steps to eliminate toxic second-hand smoke from entering your home without success - and your landlord refuses to act to resolve the problem - you may be interested to know that more and more housing providers are being held liable at the Residential Tenancy Branch for failure to protect their residents from this serious breach of their quiet enjoyment. 


Further, housing providers are subject to claims under Section 8 of the Human Rights Code, which states that everyone has the right to be free from discrimination when renting an apartment, house, co-op unit or other space. If a tenant can show that they have a disability or medical condition that is negatively impacted by smoke invading your home, they may have a case of discrimination. Once discrimination is established, the onus shifts to the housing provider to justify their actions. If you have a disability that is negatively impacted by exposure to the smoke in your home, you may want to consider applying to the Human Rights Tribunal.

This section highlights a few key decisions coming out of the BC Residential Tenancy Branch, the BC Human Rights Tribunal and the BC Civil Resolution Tribunal concerning the issue of second-hand smoke in multi-unit housing. For more detailed information, see the pdf download case law highlights.


  • Bowker v. Strata Plan NWS 2539, 2019 BC Human Rights Tribunal: A strata was ordered to pay $7500 for failure to accommodate an owner with a disability that was negatively impacted by exposure to second-hand smoke. 
  • 2018 Residential Tenancy decision by Saskatchewan Court: recognized tenants' right to be protected from second-hand smoke. The landlord (Regina Housing Authority) was ordered to compensate tenants of 3 different apartment buildings for failure to address second-hand smoke complaints. As a result of this decision, on June 20, 2018, the Saskatchewan Government announced that all social housing in the province would be 100% smoke-free effective August 2018.
  • Leary v. Strata Plan VR1001, 2016 BC Human Rights Tribunal: The Strata Corporation was ordered to pay $7500 damages to the owner impacted by exposure to second-hand smoke, despite the fact that smoking was allowed in the building.
  • BC Residential Tenancy Branch:  Dispute codes: CNC, FF October 19, 2015: Landlord’s notice to terminate tenancy upheld due to cannabis second-hand smoke nuisance – despite there being no term in the tenancy banning smoking - and the offending tenants claimed they had approval for medical cannabis. The landlord established sufficient cause to end the tenancy of the smoking tenants and dismissed the smoking  tenant’s application to cancel the Notice To End Tenancy.
  • The Owners, Strata Plan NW 1815 v. Aradi, 2016 BCSC 105: BC Supreme Court: ordered an owner who smoked in violation of a non-smoking bylaw to ‘butt out.” Despite the smoker claiming his smoking was a disability to be accommodated, the Judge found that in balancing the rights of the neighbours not to be exposed to second-hand smoke, Mr. Aradi was ordered to smoke outside and off the property. 
  • Lawrence v. Kaveh, 2010 BCSC 1403 (CanLII), The  BC Supreme Court found that the Dispute Resolution Officer at the Residential Tenancy Branch had erred in finding the tenant liable to pay for a breach of contract because she moved out of the premises due to being exposed to second-hand smoke. The Judge ordered the decisions set aside, and remitted the disputes for rehearing. While the tenancy agreement did not specifically entitle the tenant to a smoke-free unit, the DRO did not consider:
  • the tenant's right to quite enjoyment. “It is conceivable that the exposure of a tenant and her children to second hand smoke, with all of the associated health risks, could interfere with quiet enjoyment or breach the tenant’s right to be free from unreasonable disturbance.”
  • “A landlord would not normally be held responsible for the actions of other tenants unless notified that a problem exists, although it may be sufficient to show proof that the landlord was aware of a problem and failed to take reasonable steps to correct it.”
  • The Owners, Strata Plan LMS 2900 v. Mathew Hardy, 2016 BC Civil Resolution Tribunal: upheld a Non-Smoking Bylaw banning the smoking of medical cannabis. An owner sought accommodation for his disability and be exempted from the bylaw. The Tribunal found that there was no reason he couldn’t ingest his medicine rather than smoke it and was ordered to refrain from smoking in his unit and the entire property.


As a result of Court and Tribunal decisions supporting a resident's right to be protected from exposure to second-hand smoke, more and more housing providers are choosing to implement 100% smoke-free policies. Consider letting your landlord know about some of these cases - or referring them to our website for more reasons to go smoke-free.


To review past Arbitrator decisions, visit the Residential Tenancy Branch and enter 'second-hand smoke' in the field to conduct a search. 


For more detailed highlights of case law on second-hand smoke, view the pdf Case Law Highlights in Strata Complexes below. Many of these cases are used to support tenants who have applied to the Residential Tenancy Branch or the Human Rights Tribunal for compensation.


See Tools & Resources for a list of legal resources to support residents who want to apply to Tribunals for compensation.

Common Questions

This section provides information on common questions we receive from tenants about how to address exposure to second-hand smoke, what rights tenants have to be free from unwanted smoke entering their homes, and what responsibilities landlords have for resolving the problem.
 

This section is for informational purposes only and should not be considered legal advice.

  • 1. How dangerous is second-hand smoke?

    Second-hand tobacco smoke is a major, preventable contributor to acute and chronic adverse health outcomes for those exposed to it. There is no safe level of exposure to second-hand smoke and even brief exposure can be harmful to people’s health. 


    Second-hand smoke:

    • Is poisonous, and exposes families to over 4,000 chemicals, 50 of which are known to cause cancer.

    • Contains higher concentrations of many of the toxins found in cigarette smoke.

    • Increases a non-smoker’s risk of developing heart disease by 25%-30% and lung cancer by 20%-30% when exposed at home or at work.

    • Increases the risk of stroke by 20-30%.


    People who breathe second-hand smoke are at increased risk for:

    • heart disease

    • lung cancer

    • emphysema

    • acute respiratory problems (like asthma)

    • chest infections

    • excessive coughing

    • throat irritation


    Unborn babies are at extra risk for:

    • low birth weight and slow growth

    • decreased blood flow, affecting the heart, lungs, digestive system and central nervous system


    Babies and children are at extra risk for:

    • sudden infant death syndrome (SIDS)

    • asthma 

    • pneumonia

    • bronchitis

    • croup and coughs

    • ear infections

    • problems with cognition (thinking things through)


    Source: Health Effects of Second-Hand Smoke, US CDC 

  • 2. How does second-hand smoke travel between units and can it be prevented?

    Two-thirds of the smoke from a burning cigarette is not inhaled by the smoker, and enters the surrounding area. The way smoke moves throughout a building is unpredictable and it knows no boundaries. Second-hand smoke can drift from one residence to another through cracks in walls, doorways, plumbing and electrical systems, heating and air conditioning ducts and outdoor patios and balconies. Once smoke enters your home, many of the dangerous chemicals remain in the air and settle on surfaces in the room, like walls, drapes, carpets, furniture and clothes. This residue, often called third-hand smoke, contains toxic, cancer-causing substances.


    While there are steps people can take to reduce the smoke transfer, such as sealing cracks, improved ventilation, weather-stripping doors and windows or covering electrical outlets, these measures are only temporary, and will not effectively do the job of eliminating the smoke from the home. Air filters, purifiers and ventilation systems cannot eliminate second-hand smoke. Some of the smoke and larger particles from the air may be removed, but they will not remove the smaller particles or gases found in second-hand smoke. 


    The American Society of Heating, Refrigerating and Air Conditioning Engineers (ASHRAE) - the world’s leading association of indoor air quality standards - determined that there is no air filtration or other ventilation technology that can completely eliminate all the carcinogens in second-hand smoke. Their 2020 Position Document on Second-Hand Smoke (AKA Environmental Tobacco Smoke) recommends that multi-family buildings have complete smoking bans inside and near them in order to protect non-smoking adults and children. ASHRAE holds the position that the only means of avoiding health effects and eliminating indoor second-hand smoke exposure is to ban all smoking activity inside and near buildings. This position is supported by the conclusions of health authorities that any level of second-hand smoke exposure leads to adverse health effects and therefore: 

    • The building and its systems can reduce only odor and discomfort but cannot eliminate exposure when smoking is allowed inside or near a building. 
    • Even when all practical means of separation and isolation of smoking areas are employed, adverse health effects from exposure in non-smoking spaces in the same building cannot be eliminated. 
    • Neither dilution ventilation, air distribution (e.g., “air curtains”) nor air cleaning should be relied upon to control second-hand smoke exposure. 

    James Repace, an internationally recognized second-hand smoke physicist, conducted a review for ASHRAE in 2005 about mitigating tobacco smoke. He concluded that “ventilation technology cannot possibly achieve acceptable indoor air quality in the presence of smoking, leaving smoking bans as the only alternative.”  In fact, this is why governments across Canada and internationally have banned all smoking in indoor public places like workplaces, restaurants and bars. The evidence is overwhelming that there is no indoor ventilation system that can protect people from toxins in second-hand smoke. It simply cannot be contained or eliminated.


    Source: ASHRAE Position Document

  • 3. Do tenants who smoke have unrestricted rights to smoke in their suites, even if it bothers other tenants?

    There is no right to smoke guaranteed in law. However, in the absence of a no-smoking clause in the tenancy agreement, tenants are allowed to smoke in their suites and on balconies.


    It should be stressed however that tenants who smoke in their homes do not have unfettered rights to smoke. All tenants are entitled to the right to quiet enjoyment. If there is evidence that second-hand smoke from a smoking unit is infiltrating neighbouring homes on a frequent and on-going basis, then this could be considered a breach of quiet enjoyment and the landlord has a responsibility to address the problem.


    While tenants that smoke choose to accept the risks associated with smoking, they don't have the right to require that others in the building share in those risks.


  • 4. What is the landlord’s responsibility to address complaints of second-hand smoke exposure, even if smoking is allowed in the building?

    Under the Residential Tenancy Act, all tenants are entitled to quiet enjoyment, which includes the right to be free from unreasonable disturbances. This could include being free from breathing toxic substances such as second-hand smoke on a frequent and on-going basis. Courts and Tribunals in BC have found that second-hand smoke can constitute a breach of quiet enjoyment, even in buildings where smoking is allowed in private units and/or balconies.


    Regardless of whether smoking is permitted on the premises or not, a landlord has a duty to address complaints of second-hand smoke. While tenants might be allowed to smoke on the premises, their right to smoke in a building is not absolute, and is limited by the right to quiet enjoyment of neighbouring tenants. 


    It is important to talk to your landlord if you are experiencing unwanted smoke infiltrating your home on a frequent and on-going basis.  It is also important that you try to minimize the problem yourself by taking steps to reduce the smoke transfer. You could also talk with your landlord about approaching the tenant who is smoking, to see if a negotiated solution can be achieved. Ultimately however, the landlord is responsible for taking adequate steps to resolve the problem to ensure your quiet enjoyment. 


    If all your efforts fail to eliminate the smoke ingress, and your landlord has not taken reasonable steps to resolve the problem, you can apply to the Residential Tenancy Branch (RTB) for an order requiring the landlord to provide quiet enjoyment and/or compensate you for your loss of quiet enjoyment.


    Unfortunately, the RTB in BC does not have specific guidelines that clarifies what amount of smoke infiltrating your home is considered an “unreasonable” disturbance – the test to prove that there has been a loss of your right to quiet enjoyment. The question of whether a complaint constitutes a breach of quiet enjoyment – aka nuisance – is commonly based on what an ordinary, reasonable person would consider being a nuisance. To increase your chances of success, you will need to document the extent, severity and impact of the problem by collecting as much evidence as possible to prove your case.


    Further, Landlords are subject to claims under Section 8 of the Human Rights Code, which states that everyone has the right to be free from discrimination when renting an apartment, house, co-op unit or other space. If a tenant can show that they have a medical condition or disability that is negatively impacted by exposure to second-hand smoke, that tenant could establish a case of discrimination and may have a right to accommodation under the Code.


    See Tools & Resources section for pdf called The Challenge of Proving a Breach of Quiet Enjoyment.


    See also Taking Action section for steps for addressing second-hand smoke exposure.

  • 5. Do landlords have a duty to accommodate a tenant with a disability adversely impacted by exposure to second-hand smoke under the Human Rights Code?

    Landlords are subject to claims under Section 8 of the Human Rights Code, which states that everyone has the right to be free from discrimination when renting an apartment, house, co-op unit or other space. If a tenant can show that they have a medical condition or disability that is negatively impacted by exposure to second-hand smoke, that tenant could establish a case of discrimination. Once discrimination is established, the onus shifts to the landlord to justify their actions, including showing that they have accommodated the complainant up to the point of undue hardship. 


    More and more residents of multi-unit housing with health conditions made worse by exposure to second-hand smoke are protecting themselves using human rights legislation. Residents have successfully claimed that their landlords or condominium corporations have discriminated against them by failing to eliminate excessive smoke invading their homes and jeopardizing their health.


    Read the case law Highlights on our website for more information. See Tools for a list of resources that support residents applying to the Human Rights Tribunal.

  • 6. How can tenants help make their building smoke-free?

    This website provides tools and resources to support landlords who want to convert their buildings to 100% smoke-free status. If you think your landlord or property manager may be willing to consider creating a smoke-free policy for you building, you can start by directing them to this website.


    If you think they may need more convincing, you could also try rallying support from other residents in the building by collecting signatures on a petition. There is a sample petition on our Tools and Resources section. We know that the vast majority of British Columbians do not smoke, so there’s likely many of your neighbours who will support your efforts.


    Read more about public support for smoke-free housing by checking out our Why Smoke-Free section of the website. There’s also information for landlords on the other benefits of going smoke-free.

  • 7. How do tenants ensure that their next rental building is 100% smoke-free?

    If you want to live in a 100% smoke-free building, ensure that there is a no-smoking clause written into your tenancy agreement (or an attached addendum) that states the entire building is smoke-free, including the private units, and outdoor balconies and patios. It is not enough for the unit to be simply advertised as smoke-free, or for you to have seen this mentioned in an advertisement or application form. 


    You must sign a lease with the policy included, and it must apply to all units in the building. Unfortunately, many landlords advertise a building as smoke-free, but neglect to mention that it is transitioning to smoke-free status, and there are still existing residents that are ‘grandfathered’ and thus allowed to smoke in the building.


    When talking to potential landlords, here are some questions to ask about the no-smoking policy:

    • Does it apply to all tenants in the building?

    • If there are existing tenants who have been “grandfathered” (and are permitted to smoke), how many are grandfathered and where are they located?

    • How is the no-smoking policy enforced? Will the landlord enforce complaints of second-hand smoke travelling from smoking units?

    • Is there a designated smoking area on the property? If so, is it far enough away to ensure that smoke cannot travel into private units or balconies?

    • Did the previous tenant smoke in the unit you are considering? If so, what steps were taken to remove the odor and residue from walls, carpets and drapery?


    See Tools & Resources for pdf called Moving to a 100% Smoke-Free Building.

  • 8. If residents are smoking in common areas or entrances of buildings, what can tenants do?

    Under the provincial Tobacco and Vapour Products Control Act and Regulation, Landlords are responsible to take reasonable steps to prevent people from smoking/vaping in common areas of apartment buildings and within the six-metre buffer zone of a doorway, open window or air intake on the property. The legislation does not apply to the private rental units or balconies, but does apply to areas that are common to all tenants, workers and guests of the building.


    If a landlord is not able to enforce the legislation, they should contact their local Health Authority, and ask for a representative in the tobacco control area. Tobacco Enforcement Officers through the various Health Authorities are charged with the day-to-day enforcement of BC tobacco control legislation.


    Note: Where municipal bylaws are stricter than provincial legislation (such as buffer zones) , unresolved complaints should be made to the municipal bylaw enforcement department.


    Read more about enforcing BC tobacco laws.


  • 9. Is there support for tenants who want to quit smoking?

    British Columbians can access FREE quit smoking services at QuitNow.ca to quit or reduce tobacco and e-cigarette use, including an online personalized Quit Plan, access to experienced Quit Coaches by phone [1.877.455.2233] or live chat, a Community Forum, and a 3 month mobile texting program. 


    British Columbia residents can also access FREE nicotine replacement products like nicotine gum, patches and lozenges, as well as certain smoking cessation prescription medications. Visit quitnow for information on how to access these products.

pdf download - TENANTS - Common Questions - for printing

Tools & Resources

This section provides a range of downloadable tools, resources and links to help you address the problem of second-hand smoke in your apartment.


Tools

Legal Resources

TRAC Tenant Resource and Advisory Centre
Provide tenants with free legal education and representation. They operate a free Tenant Hotline, including the Tenant Survival Guide. Call the Tenant Hotline for information on your rights at Vancouver T 604.255.0546 or 1.800.665.1185 (Outside Greater Vancouver)


Legal Services Society

Provides subsidized legal aid to British Columbians.


Community Legal Assistance Society (CLAS) 

Provides legal assistance to low income British Columbians or those with physical or mental disabilities. CLAS also provides assistance through the UBC Law Students Legal Advice Program.
Call 604.685.3425


Law Students’ Legal Advice Program

UBC law students provide legal advice and assistance for people who are physically, mentally, socially, economically or otherwise disadvantaged or whose human rights need protection.


BC Human Rights Clinic

Provide free legal services for people who need help with human rights complaints.


Disability Alliance BC
Their Disability Law Clinic is able to provide free legal advice and representation to people with disabilities who are dealing with human rights violations and discrimination.


BC Human Rights Tribunal 

A quasi-judicial body that deals with human rights complaints that are covered by the BC Human Rights Code. Resolution can be done through mediation or in a hearing.


BC Government Online Dispute Resolution

Dispute resolution is a formal process for resolving disputes between landlords and tenants in BC.


Quitting Resources