Where Is It Illegal to Smoke or Vape in Ontario?

Under the Smoke-Free Ontario Act, 2017, you cannot smoke or vape in any enclosed workplace, any enclosed public place, and many other designated locations throughout the province.

If you smoke or vape where it is prohibited, you may be charged with an offence and face a fine of $1,000 for a first offence or $5,000 for any subsequent offence if convicted.

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How Does the Law Define Smoking and Vaping?

For the purposes of the Smoke-Free Ontario Act:

Smoking means inhaling and exhaling or holding lighted tobacco or cannabis, whether medical or recreational.

Vaping means inhaling or exhaling vapour from an electronic cigarette or holding an activated e-cigarette, whether or not the vapour contains nicotine.

According to the Electronic Cigarettes Act (2015), an electronic cigarette is a vaporiser or inhalant-type device containing a power source and heating element, designed to heat a substance and produce a vapour intended to be inhaled directly through the mouth.

What Are the Age Restrictions for Vaping Products?

It is illegal to sell or supply vapour products to anyone under 19 years of age. Vape shops are required by law to verify proper government-approved identification before selling to customers.

Where Are Smoking and Vaping Prohibited?

The Smoke-Free Ontario Act prohibits smoking and vaping in numerous locations throughout the province.

Enclosed Workplaces

You cannot smoke or vape in an enclosed workplace, even when the workplace is closed. An enclosed workplace means any part of a building, structure, or vehicle with a roof where an employee works or visits, including office buildings, trailer offices on construction sites, and delivery trucks.

Employers may not fire, threaten, discipline, suspend, penalise, intimidate, or coerce an employee who follows the Smoke-Free Ontario Act.

Enclosed Public Places

You cannot smoke or vape in an enclosed public place. This means any part of a building, structure, or vehicle covered by a roof that is open to the public, regardless of whether an admission fee is charged.

Restaurant and Bar Patios

You cannot smoke or vape on the patio of any bar or restaurant, including public areas within 9 metres of the patio.

The only exception applies to branches of the Royal Canadian Legion or veterans’ organisations that established an uncovered patio before November 18, 2013. At these locations, you can smoke tobacco and vape, but you cannot smoke cannabis or vape cannabis or a controlled substance.

Schools

You cannot smoke or vape in any public or private school’s indoor spaces, outdoor grounds, including playgrounds and sports fields, or public areas within 20 metres of the school’s grounds.

Child Care Facilities

You cannot smoke or vape in any child care centre or place that provides an early years program or service. Places providing home child care must be smoke-free and vape-free at all times, even if children are not present, including any outdoor spaces that children use.

Playgrounds and Public Sports Areas

You cannot smoke or vape on children’s playgrounds or in public areas within 20 metres of playgrounds.

You also cannot smoke or vape in publicly owned sporting areas, their spectator viewing areas, or public areas within 20 metres of these places. “Publicly owned” means a municipality, the province, or a post-secondary institution owns the sporting area. Golf courses are excluded from this restriction.

Community Recreational Facilities

You cannot smoke or vape on the outdoor grounds of a community recreational facility or any public areas within 20 metres of its grounds. This includes enclosed public places or workplaces that offer athletic and recreational programs, owned or operated by not-for-profit corporations, registered charities, the province, or municipalities.

Reserved Outdoor Seating Venues

You cannot smoke or vape in the reserved seating area of outdoor sports arenas or entertainment venues.

Sheltered Areas

You cannot smoke or vape in an outdoor shelter that has more than two walls and a roof if the public or employees are invited to use it, such as bus shelters.

What Are the Rules for Vaping in Vehicles?

Drivers and passengers cannot smoke tobacco or vape anything in a car or other motor vehicle if anyone inside is 15 years of age or younger.

No one in a motor vehicle (including snowmobiles) or boat that is being driven, or is at risk of being put into motion, can consume cannabis in any manner, including smoking, vaping, or eating.

Exceptions exist for passengers who are medical cannabis users consuming edible medical cannabis (not smoking or vaping), and for certain residential vehicles and boats being used as residences when properly parked or anchored.

What Are the Rules for Vaping in Health Care Facilities?

You cannot smoke or vape within 9 metres of any entrance or exit of a public or private hospital, psychiatric facility, long-term care home, or independent health facility.

You cannot smoke or vape on any outdoor hospital or psychiatric facility grounds.

Home health care workers have the right to ask someone not to smoke or vape around them while providing services, and to leave the home if the person smokes or vapes anyway, provided leaving will not put anyone’s health in immediate serious danger.

Exemption for Traditional or Cultural Smoking

Indigenous persons living in hospitals, psychiatric facilities, long-term care homes, homes for special care, community homes for opportunity, or independent health facilities may request an indoor area to use tobacco for traditional Indigenous cultural or spiritual purposes.

What Are the Rules for Vaping in Multi-Unit Residences?

You cannot smoke or vape in any common indoor areas of condominiums, apartment buildings, or college and university residences. Common indoor areas include elevators, stairwells, hallways, parking garages, laundry facilities, lobbies, exercise areas, and party or entertainment rooms.

Unless you have signed an agreement, lease, or are in a condominium with bylaws stating otherwise, you are permitted to smoke or vape in your private unit.

If second-hand smoke from another unit interferes with your reasonable enjoyment of your home, speak to your landlord. If the issue is not resolved, you may contact the Landlord and Tenant Board.

What Are the Rules for Vaping in Hotels, Motels, and Inns?

The only places you can smoke or vape in hotels, motels, and inns are fully enclosed guest rooms that management has designated for smoking or vaping. Only registered guests and their invited guests may smoke or vape in these rooms.

Smoking and vaping are not allowed on or around playgrounds at hotels, motels, and inns.

Where Are Vapour Products Prohibited From Being Sold?

Vapour products cannot be sold at hospitals, psychiatric facilities, long-term care homes, pharmacies, post-secondary institution campuses, schools, child care centres, or places where home child care is provided.

Additionally, no person shall promote or sell vapour products at any place of entertainment.

Have You Been Charged With a Smoking or Vaping Offence?

If you are facing charges under the Smoke-Free Ontario Act or any related provincial offence, understanding your options is important. While these are not criminal charges, the fines can be significant.

Pyzer Criminal Lawyers has over two decades of experience helping clients throughout Toronto and the GTA with criminal and regulatory matters. Contact us at (416) 658-1818 for a free, confidential consultation to discuss your situation.