OK, I have been told that it’s only a matter of time before someone with the time and money takes their OC to court over smoking, using Environmental Health laws.
Meanwhile, there is this in the Strata Act:
117 Owners, occupiers and other persons not to create nuisance(1) An owner, mortgagee or covenant chargee in possession (whether in person or not), lessee or occupier of a lot must not:
(a) use or enjoy the lot, or permit the lot to be used or enjoyed, in such a manner or for such a purpose as to cause a nuisance or hazard to the occupier of any other lot (whether that person is an owner or not).
If you can show that smoking is a “nuisance” and not just annoying, and you can persuade the Supreme Court that it merits their attention (because the CTTT won’t award costs or damages) then the legislation is there for you.
There has been a case where residents were ordered to stop smoking by a CTTT ruling (because their smoke was infiltrating neighbouring apartments) but that doesn’t carry anything like the weight of a Supreme Court precedent.