Neighbour's Smoke, Fire Pit or Cannabis Odour: Your Rights in Ontario

Smoke drifting through your windows from a neighbour's backyard fire, or the smell of cannabis on your balcony, can make time at home unpleasant. It is hard to know whether you have any legal footing, and which rules even apply where you live.

This article explains how Ontario's outdoor burning rules work at a high level, why your municipality's bylaws often matter most, and how nuisance law looks at smoke and smell. It is general information, not advice on your situation.

Which burning rules apply where you live

Ontario's outdoor fire rules, under the Wildland Fire Management Act and O. Reg. 43/26, apply in Northwestern, Northeastern and North-Central Ontario. In other parts of the province, you should check municipal bylaws.

That means that for much of southern Ontario, your municipality's own rules on open-air burning, fire pits and fire bans are the first thing to look up. They vary, so call your municipality or fire department, or check its website.

Fire season and permits

In the areas the provincial rules cover, fire season runs April 1 to October 31. A permit is generally required to burn wood, brush, leaves or grass unless all of the stated conditions are met.

The no-permit conditions apply to pile burning. They are listed in the table below, and incorporated municipalities may impose additional conditions or permits.

These conditions describe pile burning of material like brush. They do not tell you whether a backyard fire pit is allowed where you live. That depends on local bylaws.

Smoke and odour as a private nuisance

Whatever the bylaws say, you may also have a private nuisance claim if the smoke or smell interferes with your use or enjoyment of your home. The interference must be both substantial and unreasonable. Reasonableness depends on the circumstances, including locality, and factors include malice, frequency, duration and time of day.

• An occasional campfire on a summer evening may not be substantial.
• Smoke every night that forces you to keep windows shut may weigh differently, because frequency and duration matter.
• Burning late at night may be viewed differently from burning in the early evening, because time of day is a factor.
• Smoke that seems aimed at you deliberately may raise the question of malice.

In an Ontario noise nuisance case, the Court of Appeal upheld a permanent injunction and held that the obligation to abate a nuisance falls on the party creating it, not the victim. The case was about noise, but the idea applies in the same way to anyone creating a nuisance.

What about cannabis odour?

How cannabis odour is treated depends on the facts, your building and your municipality, so it is worth confirming with a lawyer. Other rules may also apply, such as condo declarations and rules, rental lease terms and municipal bylaws. Those depend on your building and municipality, so read your own documents and speak to a lawyer if you are unsure.

If you live in a condominium or rental building, the first route is often the property manager or landlord, who can enforce the building's rules.

What to do next

• Keep a log with dates, times, how long the smoke or smell lasted and how it affected you.
• Take photos or videos where it is safe to do so, and note the weather and wind if relevant.
• Check whether you are in an area covered by provincial fire rules, and if not, look up your municipality's burning bylaws.
• Talk to your neighbour calmly. They may not realise how far the smoke travels, and they may agree to change timing or location.
• If it continues, contact your municipality's by-law office or fire department about the burning rules.
• If the problem is serious and ongoing, speak with a lawyer about whether it is a substantial and unreasonable interference.

If there is a fire that looks out of control, or a danger to people or property, call 911 rather than relying on any of the steps above.

Frequently asked questions