The Smoke-Free Places (Tobacco Reduction) Amendment Act, 2007 assures a gold standard level of protection in public places and workplaces, both inside and out. Smoking is prohibited on patios, as well as within 5 m of entranceways, windows that open and air intakes of all workplaces and public places. Municipal by-laws 10(1) Nothing in this Act affects a municipality’s power to make bylaws to regulate, restrict or prohibit smoking. (2) Where there is a conflict between a provision of this Act and a provision of a municipal bylaw that regulates, restricts or prohibits smoking, the more restrictive provision prevails.
Products IncludedCigarettes, Cigars, Pipes
“Smoke” means to smoke, hold or otherwise have control over a lit tobacco product. “Tobacco product” means a product composed in whole or in part of tobacco, including tobacco leaves and any extract of tobacco leaves, but does not include any product for use in nicotine replacement therapy.
Places Smoking ProhibitedChild daycare and pre-school grounds
Doorways, air intakes, operable windows
Patios - Restaurants and Bars
Buffer ZonesChild daycare and pre-school grounds - 1-10 m
Doorways, Air Intakes and Operable Windows - Buffer Zone 1-10 m
Technically, this legislation is leading edge because smoking is prohibited within 5 m of the doorways, operable windows and air intakes of all workplaces and public places. However, 5 m is not a great enough distance to prevent smoke from entering buildings, creating a nuisance or health hazard for people entering and exiting. At least 7 m is recommended based on outdoor SHS scientific research.
Date Passed: November 14, 2007
Date in Force: January 1, 2008
Date Last Amended: November 27, 2013
Leading Edge: Yes
Level of Government: Provincial/Territorial
Smoke-free Ontario Act Status: Exceeds Smoke-free Ontario Act
Bylaw Under Development? No
Please find contact information related to this bylaw, and links to supporting materials.