PURPOSE OF THE POLICY: The purpose of this policy is to protect the health, and quiet enjoyment of the members, occupants, visitors, and employees of Brittany Lane Housing Co-operative.
It also seeks to provide increased fire safety for Co-op property, and all persons on the property.
DEFINITIONS FOR THE PURPOSES OF THIS POLICY:
- “Smoking” for the purposes of this policy means to inhale, exhale, burn, or have control over lighted tobacco, or any other weed or substance, or similar product (vaporizer) whose use generates smoke;
- “Business invitee” for the purposes of this policy shall include but is not limited to any contractor, tradesperson, agent, household worker, or other person hired by the Co-op, or member to provide a service, or product;
- “Duty to accommodate” for the purposes of this policy means the legal duty of the Co-op to take reasonable steps, in policies, and living conditions to accommodate a member, or occupant’s individual needs.
Smoking is prohibited on Co-op property except in backyards as long as it does not interfere with the quiet enjoyment (Bylaw 2) of Co-op members. People’s health and quality of life come first. In addition, safe methods of extinguishing smoking materials must be followed. Any conflicts arising that cannot be resolved between neighbours will be brought to the board.
Safe methods of extinguishing smoking materials includes:
a) using a deep, covered, non-combustible, and outdoor receptacle that cigarettes can fall into;
b) making sure smoking materials are never extinguished in plant pots, potting soil, peat moss, or other types of soil;
c) ensuring that matches, cigarettes and any smoking materials are thoroughly wet before emptying them into garbage receptacles.
1. This policy takes effect March 1, 2018 upon approval by the members of the Co-op, and applies to all persons including but not limited to members, occupants, invitees, business invitees, and visitors/guests.
2. The Co-op has a duty to accommodate a member, or occupant who has proven by medical evidence (ex. doctor’s note) that they have a physical, and/or mental disability, and are unable to control their addiction to nicotine.
Whether the member or occupant has proven the disability will be determined in the sole and absolute discretion of the board, acting reasonably.
The accommodation will be made based on all the circumstances, and may include:
a) Referral to government funded programs;
b) Paying for one treatment program to assist with the cessation of smoking, including but not limited to, paying for nicotine-replacement therapy up to a lifetime limit of $300.00.
3. In addition to the accommodation made under section 4 of this policy, reasonable accommodation may be made by the Co-op if a member or occupant proves that to prohibit smoking would result in other discrimination prohibited by the Alberta Human Rights Act.
The board, in its sole discretion, will determine if the resident has proven that the prohibition of smoking would be discriminatory pursuant to the Alberta Human Rights Act.
Types of discrimination prohibited under the Alberta Human Rights Act are race, religious beliefs, colour, gender, gender identity, gender expression, physical disability, mental disability, ancestry, place of origin, marital status, source of income, family status, or sexual orientation.
4 . The board may make reasonable accommodation in the case where a member or occupant intends to use tobacco in relation to a traditional aboriginal cultural activity, or smoking is intended to be done by a prescribed group, for a prescribed purpose.
In making the accommodation, the Co-op will only do so in writing, and may prescribe in writing when the permission is granted for, the duration of the permission, and where smoking will be granted
5 . Please note that this Smoking Policy:
a) Does not prohibit smokers from becoming members of the Co-op;
b) Does not force cessation but instead encourages members to stop smoking; and
c) Does prohibit smoking on the Co-op property.
6. Contravention of this policy may lead to member termination of housing rights.
ENCLOSURE OF POLICY
At present, ‘The Share Subscription and Housing Agreement’, clause 11, governs smoking;
“11. Member acknowledges and agrees that no smoking shall be permitted inside the unit at any time, nor on the steps of the unit. Smoking shall not adversely affect your neighbours.”
The new member is required to initial this clause, prior to moving into their unit. This clause will be amended accordingly if the smoking policy is passed.
Passed November 30, 2017 at the AGM