Pets, Smoking, & Cannabis
A note on pets
As mentioned in previous sections, in Nova Scotia property owners have the legal right to add a rule to not permit pets, allow only certain sized pets, certain animals, or only allowing pets in specific areas. The only exception to this is Certified Service Dogs under the Nova Scotia Service Dog Act. The property owner may update rules to disallow pets, but if there are already pets in the building they are grandfathered in, which is another way to say allowed to stay, but no new pets are permitted.
If you sign a lease that says no pets, and you bring a pet in, you are in violation of your lease and could be evicted for breaching the lease. If you have a lease that says no pets, you must receive a signed, written amendment to your lease to allow for you to bring in a pet. As rules have to be equal throughout the building property owners may not make exceptions for you, as then the building itself would have to permit pets.
A note on smoking
A property owner is allowed to make rules related to smoking in the building, like no smoking inside, only smoking on balconies, and not during the day. Similarly, to rules related to pets, if you have a lease that says no smoking, you must receive a signed, written amendment to your lease to permit smoking on a balcony, or otherwise. If smoking is permitted by the lease, you need to ensure your smoking does not interfere with another tenant, under Nova Scotia Law second-hand smoke can be considered interference of another tenant1 it is the property owners’ responsibility to ensure they resolve interference.
A note on cannabis
Cannabis smoking is considered with smoking rules by the property owner. Property owners have the right to create reasonable rules related to cultivation and recreational smoking. This can include limited or prohibiting cultivation and/or smoking in the unit, or permitting a limited number of plants, or hours for recreational smoking. The only exception to this rule is related to medical cannabis usage, which is protected under the Nova Scotia Human Rights Act.
