Ontario’s Smoke-Free Ontario Act, 2017 regulates where it is prohibited to smoke or vape in the province.

Offences committed under the Act are prosecuted under the Provincial Offences Act (POA) and carry penalties that include a ticket (offence notice) and a set maximum fine of:

• $1,000 for a first offence,
• $5,000 for any further offence

What is prohibited?

The Act applies to the following substances and products:

(a) tobacco in any processed or unprocessed form that may be smoked, inhaled or chewed, including snuff, but not to products intended for use in nicotine replacement therapy;

(b) cannabis;

(c) vapour products; and

(d) prescribed products and substances

Under the Act, smoking and vaping refer to the following:

• smoking or holding lighted tobacco
• smoking or holding cannabis (medical or recreational)
• vaping (inhaling or exhaling vapour) from an electronic cigarette (e-cigarette) or holding an activated e-cigarette, whether or not the vapour contains nicotine

Prohibited places

Prohibited places include:

• enclosed workplaces,
• enclosed public places, and
• other specifically designated places in Ontario.

For instance, it is illegal to smoke or vape in:

• schools and playgrounds
• child care facilities
• restaurants and bar patios, including the public space within 9 metres of the patio
• common area in apartment buildings or condominiums, university or college residences, such as elevators and hallways
• in a vehicle or boat if anyone inside is 15 years or younger; or anytime if the vehicle or boat is in motion or at risk of being put into motion
• places where early years programs are held
• reserved seating areas of a sports arenas or entertainment venues
• within 9 metres of any entrance or exit of a public or private hospital, psychiatric facility, long-term care home or independent health facility
• a prescribed place or area

Exemptions

There are exemptions to these rules. For example, you can smoke or vape:

• in your private home, unless you have signed a lease or an agreement stating otherwise, or live in a condominium with bylaws that prohibit it;
• in controlled smoking or vaping areas in designated residential care facilities, psychiatric facilities, supportive housing residences, and facilities for veterans; and
• in fully enclosed guest rooms in hotels and motels that are designated for smoking or vaping

For more information, view the Act.

Legal age

In Ontario, a person must be 19 years of age to legally buy, be provided with, or smoke tobacco, cannabis or vapour products.

More information

For more information, including the rules regarding smoking in the workplace, view Smoking Laws in Ontario in the Health Law section of Legal Line.

								
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