Smoking and use of vapour products is prohibited in all enclosed workplaces and public places.
Smoking is prohibited:
- On bar and restaurant patios if more than 25% of the floor area is covered by a roof and more than 50% of its perimeter is more than 50% enclosed; and
- In bus shelters
However, smoking and vaping is still permitted:
- In designated smoking rooms (DSRs) by in-patients or residents of group living facilities (includes long-term care facilities)
- By registered guests and their invited guests in designated smoking hotel rooms equipped with a separate ventilation system (separate ventilation system only applies to rooms constructed or substantially renovated after this section of the Act came into force)
- In fully enclosed tobacconist and vapour shops to test or sample a product. Note that owners and employees are not permitted to use e-cigarettes inside vapour product shops.
The Act also provides for the regulatory ability to authorize e-cigarette use in beverage rooms, casinos and other places where children are generally prohibited.
In addition, The Highway Traffic Amendment Act bans smoking in private vehicles with children under the age of 16 present. (See separate record in the database for details.)
Products IncludedCigarettes, Cigars, Pipes, Electronic Smoking Devices
“E-cigarette” means either of the following:
(a) a product or device, whether or not it resembles a cigarette, containing a power source and heating element designed to vapourize an e-substance for inhalation or release into the air,
(b) a product or device prescribed by regulation similar in nature or use to a product or device described in clause (a);
“E-substance” means a solid, liquid or gas
(a) that, on being heated, produces a vapour for use in an e-cigarette, regardless of whether the solid, liquid or gas contains nicotine, and
(b) that is not a controlled substance within the meaning of the Controlled Drugs and Substances Act (Canada).
(a) smoking a cigarette, cigar, pipe or other device used for smoking tobacco, or
(b) having control of a lighted cigarette, cigar, pipe or other device used for smoking tobacco
“Use”, in relation to an e-cigarette, means
(a) to vaporize an e-substance for inhalation or release into the air by means of an e-cigarette, or
(b) to have control of an e-cigarette in which an e-substance is being vapourized
“Vapour product” means any of the following:
(a) an e-cigarette,
(b) an e-substance,
(c) a cartridge for or a component of an e-cigarette.
Places Smoking ProhibitedE-cigarettes (indoors)
This legislation contains leading edge elements in that it addresses e-cigarette use indoors and out. The exemption to permit sampling and testing of vapour products in vape shops also contributes to this legislation’s leading edge status.
Date Passed: October 1, 2004
Date in Force:
Date Last Amended: October 1, 2017
Leading Edge: Yes
Level of Government: Provincial/Territorial
Smoke-free Ontario Act Status: Does not exceed the Smoke-free Ontario Act
Bylaw Under Development? No
Please find contact information related to this bylaw, and links to supporting materials.