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Dunno how it works in Canada but here in Aus you would certainly be in the wrong.
The balcony is classed a common property and a neighbour can complain about smoke drift, especially if the building has a clause about non smoking in common areas as most do, you can be booted out on the spot for it.. health hazard endangering the lives of others. And that's any smoke, cigarette's, pot or bbq.
I live in city apartment, smoke like a train and I'm always out there.. learn your neighbours habits and smoke around them ^^
As suggested, I'd set the fucker up, but leave that to your about to vacate.
Playa rule number one.. always take the top floor :P
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