You can listen to the discussion by going to the CKNW Podcasts and selecting December 30, 2012. Time stamps for highlights can be found at the bottom of this article.
Here is the feedback to this program from Airspace:
Good Morning, Ian and Steve!
MUDs, in case you're not familiar with it, is the acronym for Multi-Unit Dwellings...and, as far as I know, the term/acronym was developed as a result of the smoking problem, as it applies to the problem you outlined at the beginning of your program. The most common examples of MUDs are apartments and condos, but duplexes and basement suites are MUDs as well. And, as far as I'm concerned, town homes should be included as MUDs as well. Even though they're not physically joined: They are sufficiently close that, for all intents and purposes, in terms of tobacco smoke, they are joined.
I'm not aware of any "laws" on this issue, only "policies".
That said, many similar cases have been heard at the Human Rights Commission. As far as I know, most/all of those cases have been resolved 'out of court', as it were.
A couple of very old, worn-out and, with all due respect, useless suggestions have been made: Plug all the holes...and/or install some sort of a ventilation/fan system. Besides the FACE (my typo [and of course spell check didn't catch it]...and a few seconds after he read it that way, on the air, he said something like, "I think that's supposed to be 'fact'.") that those things simply do not work, nobody should have to do that.
From a legal standpoint, the entire issue of smoking in MUDs SHOULD be dealt with in the exact same manner as noise bylaws: Yes (as we're often reminded by such inconsiderate smokers, who don't respond to polite requests), our home is our castle...and the government has no right in the bedrooms of the nation. But, when whatever you're doing in your 'castle' affects others, the government has not just "the right", but "a duty" to intervene.
Whether it's extremely loud music (at an hour of the night or day) or extremely bothersome/unhealthy/dangerous tobacco smoke, by virtue of the close proximity of MUDs, they both permeate the adjoining residence.
The issue of smoking in MUDs has a long, and frankly, ugly history.
All other major issues associated with smoking aside, smoking is the leading cause of fatal residential fires; any fire department will confirm that.
Common sense and decency dictates that the tenants should not be smoking in the residence. After all, we all have smoke-free workplaces; how is it that those of us who live in MUDs are somehow not entitled to a smoke-free home, especially on a hot summer day, when we want to have our windows and balcony doors open?
It's time the law caught up on this very serious and far-too-common problem.
Highlights from the CKNW program:
46:50 remaining to 41:35 The 'introduction' of the smoking issue;
28:45 to 24:05 Get a fan! Plug gaps and holes! Go to the Landlord/Tenancy office!;
16:30 to 10:50 You really do need to hear this to believe it (and you'll understand my comment about feeling like I was knocked back about 20 years)! This guy, who tries really hard to sound like some sort of an authority or expert on the issue, says the owner needs to go into the tenants' unit and turn on the bathroom fan, on the low setting...and turn on the stove hood fan... then pressurize her suite... then hire a building science company and seal everything!?!; and finally,
04:30 to 01:44 Portions of Errol's email, and comments.