This document provides an overview of implementing smoke-free policies in rental housing and condominiums in Canada. It discusses the health impacts of second-hand smoke, trends showing increasing demand for smoke-free units, and legal issues regarding tenants' rights and human rights legislation. The presenter outlines strategies that landlords and property managers can use to establish non-smoking policies, including adding clauses to leases and rules or amending condo declarations and bylaws. Case studies demonstrate that such policies have been upheld by landlord-tenant boards and courts when disputes have arisen.
This document profiles three attorneys at O'Reilly Law Offices: Michael J. O'Reilly, Brian Calandra, and Andrew C. Clark. It provides information on their educational backgrounds, areas of legal focus, experience levels, and involvement in professional organizations. The firm specializes in real estate law, litigation, and transactional matters. It has two office locations in central Ohio and represents both institutional and individual clients.
Workplace bullying negatively impacts business profits and productivity. It costs businesses billions annually due to decreased work effort, quality and commitment from targets, increased sick leave and turnover, high legal and HR costs, and reputational damage. Eliminating bullying improves team productivity, performance and morale while reducing costs. The opportunity cost of failing to address bullying outweighs any temporary benefits a bully may provide.
This document is a collage document cut & paste from the original SCSM document published by Microsoft. I only took what needed for the document to be completed. As I was developing a System Center Service Manager Sizing on Hardware and Software, the actual BOM is listed at the bottom of the document with design guidelines.
O documento discute a importância do dever e da conduta ética para os médiuns. Avisa que se os médiuns não seguirem seu caminho com retidão e não cumprirem suas obrigações, poderão cair sob influências negativas e se tornar instrumentos do obscurantismo. Recomenda que usem seu talento para difundir mensagens de caridade e educação.
This document profiles three attorneys at O'Reilly Law Offices: Michael J. O'Reilly, Brian Calandra, and Andrew C. Clark. It provides information on their educational backgrounds, areas of legal focus, experience levels, and involvement in professional organizations. The firm specializes in real estate law, litigation, and transactional matters. It has two office locations in central Ohio and represents both institutional and individual clients.
Workplace bullying negatively impacts business profits and productivity. It costs businesses billions annually due to decreased work effort, quality and commitment from targets, increased sick leave and turnover, high legal and HR costs, and reputational damage. Eliminating bullying improves team productivity, performance and morale while reducing costs. The opportunity cost of failing to address bullying outweighs any temporary benefits a bully may provide.
This document is a collage document cut & paste from the original SCSM document published by Microsoft. I only took what needed for the document to be completed. As I was developing a System Center Service Manager Sizing on Hardware and Software, the actual BOM is listed at the bottom of the document with design guidelines.
O documento discute a importância do dever e da conduta ética para os médiuns. Avisa que se os médiuns não seguirem seu caminho com retidão e não cumprirem suas obrigações, poderão cair sob influências negativas e se tornar instrumentos do obscurantismo. Recomenda que usem seu talento para difundir mensagens de caridade e educação.
This presentation goes over how easy it is to adopt a smoke free housing policy for apartment managers and explains how this type of policy is within their rights.
This document summarizes a presentation about owners corporations and strata by-laws. It discusses owners corporations as the "fourth level of government" and covers topics like making valid by-laws, enforcing by-laws, and improving existing by-laws. The presentation provides examples of both reasonable and unreasonable/invalid by-laws and emphasizes the importance of transparency, consistency, and reasonableness when creating and enforcing by-laws.
The clear advantages of smoke free multi-unit housing ct 4 11Amy Olfene
This document discusses the benefits of adopting smoke-free policies in Connecticut housing. It notes that secondhand smoke is deadly and has no safe level of exposure, causing various cancers and heart disease. It also notes that smoke cannot be controlled by ventilation and that smoke-free policies are supported by organizations like HUD. The document provides steps for adopting such policies, discusses addressing smoker rights and enforcing policies, and provides contacts for more information and assistance.
By laws webinar conducted 3 february 2011TEYS Lawyers
This document summarizes a presentation about strata bylaws and owners corporations. It discusses that owners corporations function as a fourth level of government below federal, state, and local governments. It covers topics like making bylaws, invalid bylaws, controversial bylaws, enforcing bylaws, and improving bylaws. The presentation provides examples and advice for owners corporations on developing reasonable bylaws and resolving disputes over bylaws. It emphasizes the importance of communication, transparency, and balancing individual rights when governing through bylaws.
Trade Dispute - Cigarettes, WTO dispute between US Vs Indonesia (regarding cloves cigarettes) and Australia Vs Other countries (regarding plain packaging)
Schumpeter Society Presentation - Montreal, July 2016 John Chisholm
The document discusses organic versus imposed regulation and their impact on innovation and entrepreneurship. It notes that economies and societies are naturally regulated through organic means like customs, markets, and common law which emerge and evolve from social interactions in an open-ended way. Imposed regulation in the form of statutes, agencies and executive orders are imposed from the top down and tend not to evolve over time, disadvantaging new entrepreneurs and deterring innovation. The document uses examples like regulations around drones and autonomous vehicles to argue that organic regulation through liability laws can better foster innovation while still addressing risks.
This document summarizes various legal defenses that can be used against home repossession in Ireland. It discusses defenses based on unfair contract terms, the right to cancel distance and off-premises contracts, proportionality and the right to a home, using data protection requests, and issues with tracker mortgages. Specifically, it outlines how the Unfair Terms in Consumer Contracts Regulations allow courts to examine contract terms for fairness and strike out unfair terms. It also discusses a consumer's right to cancel a contract within 7 days under distance and off-premises contract laws. When considering proportionality of repossession, it notes courts examine factors like arrears level and a person's right to adequate housing. The document concludes by
This document provides an overview of legal topics related to the CISSP certification exam. It begins with disclaimers that StaridLabs is not licensed to provide legal advice. It then defines key legal terms and describes major legal systems like common law, civil law, customary law, and religious law. For common law, it summarizes the three branches of criminal law, tort law, and administrative law. For civil law, it provides a brief history. It also discusses liability, due care/diligence, computer crimes, international cooperation, and intellectual property laws including patents, trademarks, and copyright. The document aims to explain major legal concepts and systems in a training context for the CISSP exam.
This document discusses trends in tort reform and legislation affecting trial lawyers. It summarizes the agendas of groups like ATRA and ALEC that promote civil justice reform limiting liability. It describes various federal agency actions and proposed regulations that would preempt state tort lawsuits. It also summarizes recent tort reform legislation passed in South Carolina in 2004 limiting joint and several liability, capping noneconomic damages, and changing venue rules. The document advocates for trial lawyers to get more politically involved, build coalitions, and introduce favorable plaintiff legislation to counter tort reform efforts.
Social Media and the Law - by Tom CowlingiCrossing
Social Media Law: Branded content, conversations and the new responsibilities of marketers online
Brands are becoming publishers, participants and distributors on the social web. What do they need to bear in mind from a legal perspective?
In partnership with Wired Sussex.
This document provides information from Bradley University's Center for Residential Living and Leadership to help students understand responsibilities of living off-campus. It covers financial obligations of rent, utilities, and other bills; understanding leases; communicating with roommates and landlords; following city ordinances around occupancy, parking, noise, litter; hosting safe gatherings; and being a responsible neighbor. Completing a quiz after is required to be released from university housing requirements.
This document discusses the issues surrounding smoking in multi-unit buildings like condominiums. It touches on how smoke can travel between units, relevant case law which has found in favor of non-smokers about 68% of the time, and options for boards to address smoking through rules, amendments to governing documents, and physical modifications. Enforcement remains difficult due to the lack of objective smoke measurement standards.
The document is a lesson plan for a legal studies class covering the topic of the legal system. It begins by listing careers that can come from studying law and notes that courts have become more uniform over time. It then defines key legal terms and concepts. The lesson plan discusses why laws exist in a democratic society like Australia and how norms, rules, and laws differ. It also covers the principles of the rule of law and provides examples to illustrate important points. Key aspects of the rule of law like equality before the law and access to legal counsel are explained.
This document provides an overview of the Australian legal system and the study of law. It discusses how there are many career paths that can come from studying law, such as becoming a solicitor, judge, or police officer. It also explains how the legal system has become more uniform over time, moving away from methods of trial like trial by combat. Key terms related to the legal system are defined. Additionally, the document discusses how Australia has a representative democracy and the importance of the rule of law in maintaining a just society where all people are treated equally under the law.
CYBOK: Law and Regulation webinar slides.pdfHari319621
The document provides an overview of the CyBOK (Cybersecurity Body of Knowledge) Law and Regulation knowledge area. It begins with an introduction that explains the challenges of covering legal topics given differences in laws across jurisdictions and the broad scope of cybersecurity. It then provides high-level summaries of some of the key legal topics covered in the knowledge area, including jurisdiction, privacy laws, data protection, and computer crime laws. The document encourages readers to use the material as an educational aid to help identify legal issues and provide guidance in further research.
This document discusses privacy issues related to drones, IoT, and cross-border data regulations. It provides an overview of privacy laws and approaches in the US, EU, and Canada. The US takes a sectoral approach to privacy while the EU uses a comprehensive approach. Drones pose new privacy challenges regarding reasonable expectations of privacy. IoT devices increase risks of malfunctions, hacking, and privacy/security breaches. Risk from IoT will be greatest for first-generation devices. The document recommends identifying and minimizing privacy risks through measures like privacy impact assessments.
The document discusses the problem of cigarette smoking and proposes policies to address it. It notes that cigarette smoking rates and related deaths are increasing. It then analyzes three alternative policies: 1) banning smoking cigarettes and setting an age limit for e-cigarettes, 2) banning smoking except in designated areas, and 3) banning all tobacco products. The first policy is chosen because it fulfills the requirements of sufficiently reducing smoking while also regulating e-cigarettes. The policy would ban smoking cigarettes statewide and set a minimum age of 21 for purchasing e-cigarettes.
This document provides tips and guidance for owners corporations on managing contentious issues related to apartment living, such as by-laws, enforcement, and common property issues. It discusses how to draft effective by-laws, avoid invalid or unreasonable by-laws, and ways to resolve disputes such as through mediation. Controversial topics like children, pets, smoking, and parking are also addressed. The presentation aims to help owners corporations navigate challenges by focusing on reasonableness, transparency, and improving communication within the community.
This presentation goes over how easy it is to adopt a smoke free housing policy for apartment managers and explains how this type of policy is within their rights.
This document summarizes a presentation about owners corporations and strata by-laws. It discusses owners corporations as the "fourth level of government" and covers topics like making valid by-laws, enforcing by-laws, and improving existing by-laws. The presentation provides examples of both reasonable and unreasonable/invalid by-laws and emphasizes the importance of transparency, consistency, and reasonableness when creating and enforcing by-laws.
The clear advantages of smoke free multi-unit housing ct 4 11Amy Olfene
This document discusses the benefits of adopting smoke-free policies in Connecticut housing. It notes that secondhand smoke is deadly and has no safe level of exposure, causing various cancers and heart disease. It also notes that smoke cannot be controlled by ventilation and that smoke-free policies are supported by organizations like HUD. The document provides steps for adopting such policies, discusses addressing smoker rights and enforcing policies, and provides contacts for more information and assistance.
By laws webinar conducted 3 february 2011TEYS Lawyers
This document summarizes a presentation about strata bylaws and owners corporations. It discusses that owners corporations function as a fourth level of government below federal, state, and local governments. It covers topics like making bylaws, invalid bylaws, controversial bylaws, enforcing bylaws, and improving bylaws. The presentation provides examples and advice for owners corporations on developing reasonable bylaws and resolving disputes over bylaws. It emphasizes the importance of communication, transparency, and balancing individual rights when governing through bylaws.
Trade Dispute - Cigarettes, WTO dispute between US Vs Indonesia (regarding cloves cigarettes) and Australia Vs Other countries (regarding plain packaging)
Schumpeter Society Presentation - Montreal, July 2016 John Chisholm
The document discusses organic versus imposed regulation and their impact on innovation and entrepreneurship. It notes that economies and societies are naturally regulated through organic means like customs, markets, and common law which emerge and evolve from social interactions in an open-ended way. Imposed regulation in the form of statutes, agencies and executive orders are imposed from the top down and tend not to evolve over time, disadvantaging new entrepreneurs and deterring innovation. The document uses examples like regulations around drones and autonomous vehicles to argue that organic regulation through liability laws can better foster innovation while still addressing risks.
This document summarizes various legal defenses that can be used against home repossession in Ireland. It discusses defenses based on unfair contract terms, the right to cancel distance and off-premises contracts, proportionality and the right to a home, using data protection requests, and issues with tracker mortgages. Specifically, it outlines how the Unfair Terms in Consumer Contracts Regulations allow courts to examine contract terms for fairness and strike out unfair terms. It also discusses a consumer's right to cancel a contract within 7 days under distance and off-premises contract laws. When considering proportionality of repossession, it notes courts examine factors like arrears level and a person's right to adequate housing. The document concludes by
This document provides an overview of legal topics related to the CISSP certification exam. It begins with disclaimers that StaridLabs is not licensed to provide legal advice. It then defines key legal terms and describes major legal systems like common law, civil law, customary law, and religious law. For common law, it summarizes the three branches of criminal law, tort law, and administrative law. For civil law, it provides a brief history. It also discusses liability, due care/diligence, computer crimes, international cooperation, and intellectual property laws including patents, trademarks, and copyright. The document aims to explain major legal concepts and systems in a training context for the CISSP exam.
This document discusses trends in tort reform and legislation affecting trial lawyers. It summarizes the agendas of groups like ATRA and ALEC that promote civil justice reform limiting liability. It describes various federal agency actions and proposed regulations that would preempt state tort lawsuits. It also summarizes recent tort reform legislation passed in South Carolina in 2004 limiting joint and several liability, capping noneconomic damages, and changing venue rules. The document advocates for trial lawyers to get more politically involved, build coalitions, and introduce favorable plaintiff legislation to counter tort reform efforts.
Social Media and the Law - by Tom CowlingiCrossing
Social Media Law: Branded content, conversations and the new responsibilities of marketers online
Brands are becoming publishers, participants and distributors on the social web. What do they need to bear in mind from a legal perspective?
In partnership with Wired Sussex.
This document provides information from Bradley University's Center for Residential Living and Leadership to help students understand responsibilities of living off-campus. It covers financial obligations of rent, utilities, and other bills; understanding leases; communicating with roommates and landlords; following city ordinances around occupancy, parking, noise, litter; hosting safe gatherings; and being a responsible neighbor. Completing a quiz after is required to be released from university housing requirements.
This document discusses the issues surrounding smoking in multi-unit buildings like condominiums. It touches on how smoke can travel between units, relevant case law which has found in favor of non-smokers about 68% of the time, and options for boards to address smoking through rules, amendments to governing documents, and physical modifications. Enforcement remains difficult due to the lack of objective smoke measurement standards.
The document is a lesson plan for a legal studies class covering the topic of the legal system. It begins by listing careers that can come from studying law and notes that courts have become more uniform over time. It then defines key legal terms and concepts. The lesson plan discusses why laws exist in a democratic society like Australia and how norms, rules, and laws differ. It also covers the principles of the rule of law and provides examples to illustrate important points. Key aspects of the rule of law like equality before the law and access to legal counsel are explained.
This document provides an overview of the Australian legal system and the study of law. It discusses how there are many career paths that can come from studying law, such as becoming a solicitor, judge, or police officer. It also explains how the legal system has become more uniform over time, moving away from methods of trial like trial by combat. Key terms related to the legal system are defined. Additionally, the document discusses how Australia has a representative democracy and the importance of the rule of law in maintaining a just society where all people are treated equally under the law.
CYBOK: Law and Regulation webinar slides.pdfHari319621
The document provides an overview of the CyBOK (Cybersecurity Body of Knowledge) Law and Regulation knowledge area. It begins with an introduction that explains the challenges of covering legal topics given differences in laws across jurisdictions and the broad scope of cybersecurity. It then provides high-level summaries of some of the key legal topics covered in the knowledge area, including jurisdiction, privacy laws, data protection, and computer crime laws. The document encourages readers to use the material as an educational aid to help identify legal issues and provide guidance in further research.
This document discusses privacy issues related to drones, IoT, and cross-border data regulations. It provides an overview of privacy laws and approaches in the US, EU, and Canada. The US takes a sectoral approach to privacy while the EU uses a comprehensive approach. Drones pose new privacy challenges regarding reasonable expectations of privacy. IoT devices increase risks of malfunctions, hacking, and privacy/security breaches. Risk from IoT will be greatest for first-generation devices. The document recommends identifying and minimizing privacy risks through measures like privacy impact assessments.
The document discusses the problem of cigarette smoking and proposes policies to address it. It notes that cigarette smoking rates and related deaths are increasing. It then analyzes three alternative policies: 1) banning smoking cigarettes and setting an age limit for e-cigarettes, 2) banning smoking except in designated areas, and 3) banning all tobacco products. The first policy is chosen because it fulfills the requirements of sufficiently reducing smoking while also regulating e-cigarettes. The policy would ban smoking cigarettes statewide and set a minimum age of 21 for purchasing e-cigarettes.
This document provides tips and guidance for owners corporations on managing contentious issues related to apartment living, such as by-laws, enforcement, and common property issues. It discusses how to draft effective by-laws, avoid invalid or unreasonable by-laws, and ways to resolve disputes such as through mediation. Controversial topics like children, pets, smoking, and parking are also addressed. The presentation aims to help owners corporations navigate challenges by focusing on reasonableness, transparency, and improving communication within the community.
3. Overview of the issue
Why a no-smoking
policy?
Legal issues: legislation,
rights, case law
Canadian smoke-free
housing trend
4. Rights vs. risks
Balancing rights of smokers & non-
smokers
What’s the risk of prohibiting smoking?
What’s the risk of doing nothing?
What constitutes discrimination?
What does reasonable
accommodation look like?
Second-hand smoke in multi-unit
dwellings is a complex issue
5. Smoking prevalence in Canada,
adults 15+, 1965-2011
(Data from Statistics Canada)
17%
6. “More than 92% of our guests prefer
nonsmoking rooms and public areas”
15. Lobbies, elevators, hallways, laundry rooms,
parking garages, etc.
Landlords/property managers must ensure
that tenants/condo owners are aware of the
law
Signage in common areas
Smoking prohibited in enclosed common
areas of multi-unit dwellings
16. Clause in the lease/
declaration, bylaw or rule
that defines where
smoking is prohibited:
◦ Units (some or all)
◦ Patios & balconies
◦ Doorways, operable
windows & air intakes
◦ Entire property
Above and beyond what is required
under provincial legislation
17. Does NOT prohibit smokers from
renting/buying accommodations
Does NOT evict current residents who
smoke
Does NOT force
residents to quit
smoking
DOES offer choice
in the
marketplace
18. Market demand
80% Ontario MUD residents would choose
smoke-free, all other things being equal (2010)
70% in Quebec (2012)
62% of BC MUD residents
would prefer to live in a
100% smoke-free building
(2013)
26. Residential Tenancies Act, 2006
Section 4: “… a provision in a tenancy
agreement that is inconsistent with this Act
or the regulations is void.”
RTA is silent on smoking
Details rights/responsibilities of landlords
and tenants of residential premises
Provides means of settling disputes —
Landlord and Tenant Board
27. Residential Tenancies Act, 2006
Section 38: “If a tenancy agreement for a
fixed term ends and has not been renewed or
terminated, the landlord and tenant shall be
deemed to have renewed it as a monthly
tenancy agreement
containing the same terms
and conditions that are in
the expired tenancy
agreement…”
28. Therefore existing tenants who do not want
to sign a new lease are “grandfathered”
(exempted)
New tenants sign new leases with the no-
smoking policy included
Buildings will gradually
transition to smoke-
free when the last
smoking units are
cleaned up and made
non-smoking
30. Social norms are
changing
Vast majority of
residents will simply
follow the rules
Enforcement of no-
smoking policies
is mostly complaint-
driven
31. Residential Tenancies Act, 2006
Section 37: “A tenancy may be terminated
only in accordance with this Act.”
Breach of a no-smoking policy is not
considered “material”
Enforcement must be based on:
◦ Breach of reasonable enjoyment
◦ Substantial interference with another
lawful right, interest or privilege of the
landlord
◦ Damage – willful or negligent
◦ Safety issues
34. What sort of evidence is needed?
Collect formal complaints about the
source, extent, frequency and impact
of the problem
◦ With specific dates and times
◦ Corroborate complaints
between tenants
Where possible,
document the damage
35. Ontario Landlord & Tenant Board
Cases from LTB posted online:
◦ Landlord applications (with a policy)
◦ Landlord applications (without a policy)
◦ Tenant applications
www.smokefreehousingon.ca/sfho/
landlords-case-law-summaries.html
Also: Canadian Legal Information Institute
(CanLII) excellent source of case law
36. Failure to pay rent
Safety issues — tampering with smoke
detectors
Noise violations with police visits
Rudeness & violence
Irresponsible pet ownership, etc.
Smoking in violation of a no-smoking
policy often involves other issues…
39. 1. Via the declaration
New builds 100%
smoke-free from outset
◦ Developer includes
policy in declaration
◦ i.e. Domicile
Developments in
Ottawa
Existing condos require
80% support
◦ i.e. Lakeview Condos,
Kenora & Heritage Way
Condos, Lindsay
40. 2. Via a bylaw
Section 56: Bylaws. The board may, by
resolution, make, amend or repeal bylaws,
not contrary to this Act or… declaration,
(j) to govern the maintenance of the units
and common elements;
(l) to govern the management of the
property
◦ Requires approval by majority of owners
41. 3. Via a rule
Section 58: Rules. The board may make,
amend or repeal rules respecting the use of
common elements and units to
(a) promote the safety, security or welfare of
the owners and of the property and assets…
(b) prevent unreasonable interference with
the use and enjoyment of the common
elements, the units or the assets…
42. Compliance and enforcement
Section 17(3): The corporation has a duty to
take all reasonable steps to ensure that the
owners… comply with this Act, the
declaration, the bylaws and the rules.”
Section 119(1): “… an owner, an occupier of a
unit… shall comply with this Act, the
declaration, the bylaws and the rules.”
43. Section 117: Dangerous Activities
“No person shall permit a condition to exist
or carry on an activity in a unit or in the
common elements if the condition or the
activity is likely to damage the property or
cause injury to
an individual.”
Condominium Act, 1998
44. Handling disputes
The law provides a remedy:
Section 132(1) requires (a) mediation & (b)
arbitration
section 134(1) "an owner, an occupier of a
proposed unit, a corporation, a declarant... of
a unit may make an application to the
Superior Court of Justice for an order
enforcing compliance with any provision of
the Act, the declaration, the bylaws, the
rules..."
45. Interim injunction granted prohibiting the
residents of a unit in a Toronto condo from
smoking cigars on the condo property
Granted in context of s. 117, & condo’s
general nuisance rule
“irreparable harm to the health of other
residents if not granted”
York Condo Corp No. 529 vs. Prupas,
Prupas & Burkart (2013), Ontario Superior
Court of Justice
46. Human Rights Codes/Acts
Provide protection from discrimination on
basis of — race, ancestry, place of origin,
colour, ethnic origin, citizenship, creed, sex,
sexual orientation, disability, age, marital
status, family status, being a recipient of
public assistance and record of offences
Everyone has the right to equal treatment in
accommodation …
47. Policy on Human Rights and Rental Housing, 2009
Ontario Human Rights Commission
48. No smoking policy ≠ no smokers
Addiction ≠ disability
◦ Addiction to nicotine can be satisfied in a
number of ways that don’t pollute the air
There is no
“right to smoke”
enshrined in
Canadian law
49. Discrimination cuts both ways:
Emerging trend: residents
of multi-unit dwellings with
chronic health conditions
are starting to cite
discrimination based
on exposure to
second-hand smoke
50.
51. For landlords/property managers:
Legal to have a lease/declaration, bylaw
or rule that prohibits smoking
No-smoking policy is not discriminatory
Right to protect investment & interests
For tenants/condo owners:
Right to reasonable enjoyment or to be
free from nuisance
Human rights