Smoke-free complex

The Gardens is a smoke-free complex.

As such, smoking of any kind, including tobacco, cannabis or vaping, is strictly prohibited anywhere on our property. It is prohibited to smoke in units, on balconies, in or on common elements, or anywhere on the property. Growing of cannabis is also prohibited at The Gardens.

We reproduce our rules on tobacco and cannabis in their entirety for your review.

Rule on tobacco and cannabis

5.         TOBACCO AND CANNABIS

WHEREAS second hand smoke (including that which is exhaled or that emanating from lit tobacco, Cannabis or other similar substances) causes irritation, discomfort and nuisance to many and whereas it is a known health hazard;

WHEREAS it is impossible to completely prevent the migration of smoke, second-hand smoke and/or the migration of the odour of burning tobacco, Cannabis and other similar substances, between Units and/or from Units to common elements;

WHEREAS the growing of Cannabis can result in damage to Units and/or common elements, including damage by moisture/mould or as a result of spores emanating from the growing of Cannabis plants and whereas the growing and transformation of Cannabis and similar substances may result in disproportionate use of utilities and may increase the risks of fire and other hazards;

WHEREAS Smoking increases the risk of fire as well as maintenance and cleaning costs; and,

WHEREAS the Smoke-Free Ontario Act of Ontario already prohibits Smoking in any and all common areas of the condominium;

No smoking or vaping

5.1.      The Gardens is a smoke-free and vaping-free complex.

5.2.      No one shall Smoke or hold a lighted Smoking Product in any Unit, on any common elements, on any exclusive use common elements (including any balconies, patios or terraces) or anywhere on the Corporation’s property, unless at the ground level, outside and at a distance of at least 9 metres from the building and from any entrances.

5.3.      This prohibition applies to anyone on the property, including Occupiers and anyone for whom the Occupier is responsible.

No Cannabis

5.4.      In addition to the above, and notwithstanding any federal, provincial or municipal legislation or regulation permitting it, no one shall grow, keep or cultivate any plant of Cannabis in any Unit, on any common elements, on any exclusive use common elements, including any balconies, patios or terraces, or anywhere on the Corporation’s property, whether inside or outside.

Medicinal exceptions and accommodations

5.5.      Exceptions to certain provisions of this Rule may be made by the Corporation, on a case-by-case basis, to reasonably accommodate “bona fide” diagnosed recognized disabilities, as required and in the context of a treatment plan prescribed by a treating physician licensed to practice in Ontario. Such accommodation must be granted by the Corporation, in writing, in advance of it being exercised.

5.6.      Any Occupier requiring an accommodation must request it in writing from the Corporation prior to exercising it. The Corporation may request, on an ongoing and on a reasonably required basis — and the Occupier requesting the accommodation must provide within a reasonable time — written confirmation of the following from a treating physician licensed to practice in Ontario:

a.         Confirmation of the existence of a recognized and diagnosed disability;

b.         Confirmation and details related to the treatment plan as they pertain to the accommodation being sought;

c.         The level of accommodation required and available alternatives to the accommodation;

d.         Sufficient information to support the requirement of the accommodation sought;

e.         Any other written evidence or documentation reasonably required by the Corporation to adequately determine the accommodation reasonably required.

5.7.      An accommodation will only be granted to the extent that it is reasonably required to accommodate the disability and only to respond to the Occupier’s actual medical needs, and may be limited (in appropriate circumstances) to oral or topical consumption (as opposed to inhalation of burning Cannabis).

5.8.      The accommodation must not create any risk of harm, injury or damage to property or to other Occupiers and must not result in unreasonable or undue nuisance, annoyance, interference or disruption to other Occupiers.

5.9.      The Corporation may require the accommodated Occupier to take, at his or her cost, any and all reasonably required additional measures to minimize any form of transmission of smoke or odour from the Unit such as, but not limited to, the continuous use of adequate air filtering systems and other precautions to avoid harm, injury or damage to property or to other Occupiers or unreasonable nuisance, annoyance, interference or disruption of other Occupiers.

5.10.    Any authorized use resulting from an accommodation must also comply with all federal, provincial and municipal laws.

Leased Units

5.11.    Anyone leasing or subleasing their Unit must indicate in the Residential Tenancy Agreement (Standard Form of Lease), or any other lease or agreement in lieu thereof or supplementing it, that the Rules of the Corporation prohibit:

a.         Smoking, vaping or holding a lighted smoking product in any Unit, on any common elements, on any exclusive use common elements (including any balconies, patios or terraces) or anywhere on the Corporation’s property, unless outside, at the ground level, and at a distance of at least 9 metres from the building and from any entrances; and

b.         Growing, keeping or cultivating any plant of Cannabis in any Unit, on any common elements, on any exclusive-use common elements (including any balconies, patios or terraces) or anywhere on the Corporation’s property, whether inside or outside.

v. Oct. 2020