A person must not smoke, use an e-cigarette, or hold an activated e-cigarette:
- in a building (private dwellings and hotel rooms exempted)
- in a vehicle for hire
- in a public transportation facility or vehicle
- in any park
- in any place of employment (exemptions apply)
- in any place of public assembly
- in any City-owned or operated vehicle
- in a Customer Service Area, except where the Customer Service Area caters exclusively to persons sixteen (16) years of age or older.
A broad definition of smoking is not exclusive to tobacco and includes other weeds and substances, including being smoked in a waterpipe.
Products IncludedCigarettes, Cigars, Pipes, Electronic Smoking Devices, Other Weeds and Substances, Waterpipes
“Activated E-Cigarette” means an E-Cigarette in which an E-Substance is being vaporized;
“Customer Service Area” means a partially enclosed or unenclosed area including a balcony, patio, yard area or sidewalk that is part of or connected to a business or use in a building or premises that includes the service of food or beverages (both alcoholic and non-alcoholic) to customers or other individuals for consumption on
“E-Cigarette” means a product or device, whether or not it resembles a cigarette, containing an electronic or battery-powered heating element capable of vapourizing an E-Substance for inhalation or release into the air;
“E-Substance” means a solid, liquid or gas that, on being heated, produces a vapour for use in an E-Cigarette, regardless of whether the solid, liquid or gas contains nicotine;
“Smoke” or “Smoking” means to inhale, exhale, burn, or carry a lighted cigarette, cigar, pipe, hookah pipe, or other lighted smoking equipment that burns tobacco or other weed or substance.
Places Smoking ProhibitedE-cigarettes (indoors)
Enclosed public places
Patios - Restaurants
Playgrounds, which may include Splash Pads and Wading Pools
Sports and Recreational Fields and Facilities
This bylaw is considered leading edge because it explicitly includes the smoking of waterpipes as well as other weeds and substances, and more recently includes vaping in all enclosed public places and workplaces. However, it is noted that smoking is not prohibited in “customer service areas” (patios, etc.) of bars and other areas that cater to customers over the age of 16. This is not considered best practice, as employees and patrons of such places continue to be exposed to second-hand smoke.
In an effort to mitigate fire risk, Council passed Bylaw #4579 in 2015 to increase fines for people caught smoking or vaping in parks during the warmer, drier months. Fines increase from the normal $150 to $500 after June 1, or when the fire rating goes to “high.”
Date Passed: July 15, 1996
Date in Force: October 7, 1996
Date Last Amended: July 18, 2016
Leading Edge: Yes
Level of Government: Municipal
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.