New Brunswick renting guide
Smoking and cannabis in New Brunswick
A landlord can ban smoking, including smoking cannabis, in the lease. Unless the lease says no, smoking and growing cannabis are allowed.
Can a landlord ban smoking and cannabis in New Brunswick?
For tenants
Check your lease. A no-smoking clause is allowed, and it covers cannabis smoking too. If your lease does not mention it, smoking and growing cannabis are permitted in the unit. A landlord cannot ban non-smoking forms like edibles, and they cannot single out cannabis smoking if they otherwise allow smoking. A landlord can only add a no-smoking rule to your existing lease if you agree.
For landlords
You can prohibit smoking, including cannabis, with a clear clause in the lease, and you can restrict tenants from growing cannabis. You cannot ban non-smoking forms like edibles, and if you allow smoking generally you cannot single out cannabis. To add a smoking or cannabis restriction to an existing lease, you need the tenant's consent. Medical cannabis users are still bound by their lease for smoking, but you cannot stop non-smoking use.
The key facts
- No-smoking clause
- Allowed, and covers cannabis smoking
- If the lease is silent
- Smoking and growing allowed
- Growing cannabis
- Landlord can restrict it
- Edibles / non-smoking forms
- Cannot be banned
- Adding a ban to an existing lease
- Needs the tenant's consent
Common questions
Can my landlord ban smoking or cannabis?
Yes, with a clear clause in the lease, and a no-smoking clause covers cannabis smoking too. They can also stop you from growing cannabis. But they cannot ban edibles or other non-smoking forms, and they can only add a new ban to your existing lease if you agree.
Sources
This is general information, not legal advice. For a decision on your situation, contact Tenant and Landlord Relations Office (formerly the Residential Tenancies Tribunal).
Have a specific question? Ask the rental assistant for a plain answer with a source.
