1) Internal Remedies:
Assuming that the adoption of the Smoking Prohibition Bylaw has satisfied the procedural requirements under the Strata Property Act and is properly registered in the Land Title Office, there are several enforcement options available, including imposing a fine or restitution costs.
Prior to obtaining a remedy for non-compliance of the non-smoking bylaw however, the strata corporation must first follow mandatory bylaw enforcement procedures in accordance with section 135 of the Strata Property Act. The procedures include providing the owner with notice of the complaint received, the particulars of the complaint in writing and a reasonable opportunity to answer each complaint, including the offer of a hearing before the strata council. Judges always have the discretion to forgive fines charged by a strata corporation for breach of a bylaw, and generally seem inclined to do so if the procedures set out under section 135 have not been properly followed.
If the bylaw infraction involves a tenant, councils need to be aware of additional procedural requirements under section 135. Further, if a tenant continues to breach a Smoking Prohibition Bylaw, the strata council or the owner can, as a last resort, give the tenant notice terminating the tenancy agreement under section 47 of the Residential Tenancy Act.
2) Court-ordered remedy
In addition to internal remedies, a strata corporation can also seek a Court ordered remedy. The strata corporation can petition the Supreme Court of British Columbia for an order that an owner, tenant, occupant or visitor must comply with the bylaws of the strata corporation. Based on case law, it could be argued that an owner who is ordered by a Judge to comply with a Smoking Prohibition Bylaw and fails to do so, could be subject to an order to vacate his or her strata lot