Definition : Tobacco

Plant rich in nicotine, which is cultivated to be smoked or chewed according to the preparation. It is generally consumed in the form of cigarettes, of cigars or of pipe tobacco. The Tobacco Control Act prohibits anyone from smoking in enclosed public spaces. This prohibition applies, inter alia, to the enclosed common areas of any building held in divided or undivided co-ownerships that comprise two or more residential units. Terraces and outdoor areas, which are operated as part of a commercial activity, are also covered by this prohibition. Declarations of co-ownership often contain provisions restricting or prohibiting the use of tobacco products in common portions.

 WARNING! The term "common areas" should not be confused with "common portions". The law only applies to enclosed public spaces in a co-ownership. It cannot therefore apply to all common portions of the immovable.

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L'usage du tabac en copropriété divise suscite bien souvent la controverse. Faut-il bannir le tabagisme en copropriété, alors que les fumeurs ont eux aussi des droits. La question est délicate est nécessite d'y apporter des nuances.
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A source of permanent controversy in co-ownership, cannabis and tobacco smoking arouse passions. However, it is recognized that there is no inalienable right for a co-owner to smoke in the common portions or in a private portion. On the contrary, the common law on abnormal neighbourhood disturbances and the effects of second-hand smoke on the health of people exposed to it advocate prohibition. In this regard, the right to life and to the safety and integrity of the person enshrined in the Charter of Human Rights and Freedoms is moving towards an obligation to abstain from smoking in collective dwellings. Under the circumstances, should co-ownership syndicates banish this habit?  This is not an easy question to answer. Easier said than done, some will say. And they are not wrong. Here’s a look at the whole legal issue that defines smoking in co-ownerships.
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  I plan to buy an on plan apartment. As I am intolerant to second-hand smoke from other units, acquiring a condo in a co-ownership in which my neighbors could be smokers is out of the question. Question: How can I get assurances from the developer, that smoking will be prohibited in the private portions of the building to be built?
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  I live in a co-ownership where there are a few smokers, one of which is located directly below me. His smoke migrates into my apartment. I am worried of its effects on my health in the medium and long terms, as well as that of my spouse and those of my two children. Question: Can our syndicate compel these smokers to install an air freshener in their apartment?
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