we'll have to see how the courts interpret this, but the intent seems to be to make it easier for the landlord to evict smokers.

the residential tenancies act says nothing about smoke, and this observation is actually explicitly stated in the new lease. but, by including a smoking section in the lease, the landlord can conceivably remove a tenant for breaching the lease.

further, the smoking section is explicitly treated differently than the pets section; prohibition against pets is explicitly stated as void.

so, the government appears to be telling the courts that landlords have the right to discriminate on these grounds - and that is the appropriate legal language. we'll see what the courts say.

but, i don't expect that this new lease process will withhold a legal challenge - i expect that the court will strike down the smoking provision as overly broad.

unfortunately.

www.forms.ssb.gov.on.ca/mbs/ssb/forms/ssbforms.nsf/GetFileAttach/047-2229E~2/$File/2229E(Static).pdf