Ontario Bans Smoking On Patios, At Playgrounds and Sports Fields/Surfaces As Of January 1, 2015


Smoke-Free Ontario

New rules

As of January 1, 2015, it will be illegal to:

  • smoke on and around children’s playgrounds and publicly owned sport fields and surfaces (e.g., areas for basketball, baseball, soccer or beach volleyball, ice rinks, tennis courts, splash pads and swimming pools that are owned by a municipality, the province or a postsecondary education institution)
  • smoke on all bar and restaurant patios, whether covered or not (with an exemption for uncovered patios established by the Royal Canadian Legion – Ontario Provincial Command before November 18, 2013)
  • sell tobacco on university and college campuses (this applies to buildings that are owned and areas that are leased by a postsecondary institution or student union)

About Smoke-Free Ontario

The Smoke-Free Ontario Strategy has greatly reduced tobacco use and lowered health risks to non-smokers in Ontario.

The Strategy combines programs, policies, laws and public education to:

  • help smokers quit
  • protect people from exposure to second-hand smoke
  • encourage young people to never start

Learn more about programs to help you quit

The law

By law, you cannot smoke or hold lighted tobacco in any enclosed workplace, any enclosed public places and specifically designated outdoor places in Ontario.

If you smoke or hold lighted tobacco in a place where it has been prohibited, you may be ticketed and charged a fine.

All employers, owners and operators of such facilities must:

  • post "No Smoking" signs at all entrances, exits, washrooms and anywhere signs can be easily placed and seen
  • make sure that no one smokes or holds lighted tobacco in an enclosed workplace, public place, or area where smoking is banned
  • make sure that a person who does not comply leaves the premises
  • remove ashtrays (or any object that serves as one)

Local public health units carry out inspections and respond to complaints to enforce the act.

Source law

You can find the complete set of rules related to the smoking ban in:

Rules on where you can’t smoke

It’s illegal to smoke in:

Outdoor patios

All bar and restaurant outdoor patios (covered or uncovered) must be smoke-free as of January 1, 2015.

If you operate a bar or restaurant and want to make sure your patio meets the rules, please contact your local public health unit for help.

Find your local public health unit

Child care facilities

Any child care facility licensed under the Day Nurseries Act must be smoke-free.

For private home daycares licensed under the Day Nurseries Act, the entire location must be smoke-free at all times – even if children are not present. This includes any outdoor spaces used by the children.

Motor vehicles with children inside

You must not light or use a tobacco product in a motor vehicle with anyone inside under 16 years of age. The law applies to both moving and parked vehicles – even if a window, sunroof, rooftop, door, or other feature of the vehicle is open.

Enclosed workplaces

The law protects employees from exposure to second-hand smoke in an enclosed workplace. The ban on smoking in these places applies at all times, even when not open for business.

An enclosed workplace means:

  • the inside of a building, structure or vehicle that an employee works in or frequents during the course of their employment whether or not they are acting in the course of the employment at the time
    • this includes the inside of a trailer office on a construction site, the inside of a loading dock, or the inside of a delivery truck
  • common areas such as washrooms, lobbies and parking garages

An employer may not dismiss, threaten to dismiss, discipline, suspend, penalize, intimidate or coerce an employee who follows the act or seeks compliance with it.

If your employer takes any of these steps, you may complain to the Ontario Labour Relations Board:

Smoking Shelters

You cannot smoke in an outdoor smoking shelter that has more than 2 walls and a roof.

Areas where home health care workers work

A home health care worker is a person who provides health care or support services in private homes that is provided or arranged by either:

  • a Community Care Access Centre
  • an entity that is funded by the Ministry of Health and Long-Term Care or a local health integration network

These workers have the right to ask clients not to smoke in their presence. If the person refuses to comply, the worker can leave. They do not have to provide services.

In these cases, the home health care worker must

  • notify their employer as soon as possible
  • follow any guidelines the employer provides
  • ensure the client is safe
  • provide information about the conditions and needs of the client over the next 24 hours

Hospitals (public, private and psychiatric)

You must not smoke or hold lighted tobacco within a 9 metre radius of any >entrance or exit of a hospital.

A hospital can choose to provide a smoking shelter outdoors if it:

  • has no more than two walls and a roof
  • is located outside a 9 metre radius of any entrance or exit

A hospital cannot sell tobacco products.

Common areas of hotels, motels and inns

The only place you may smoke in hotels, motels and inns are guest rooms designated as smoking rooms. Designated smoking guest rooms must be fully enclosed. Only registered guests and their invited guests can smoke in designated guest rooms.

Owners and employees must:

  • fully comply with the act if offering smoking guest rooms
  • follow the rules for enclosed public places in all other areas of the hotel, motel or inn

As of January 1, 2015, smoking is not allowed on or around playgrounds at hotels, motels and inns.

Multi-unit residences

You must not smoke in any common areas of condos, apartment buildings or college and university residences. Examples of common areas include:

  • elevators
  • stairwells
  • hallways
  • parking garages
  • laundry facilities
  • lobbies
  • exercise areas
  • party or entertainment rooms

Residential care facilities

You must not smoke in residential care facilities. They are considered both an enclosed public place and an enclosed workplace. However, some residential care facilities may choose to construct and operate a controlled smoking area for residents to smoke. These include:

  • long-term care or retirement homes or publicly funded supportive housing residences
  • certain psychiatric facilities
  • certain veterans' facilities

A residential care facility must have its controlled smoking area approved by and registered with the Ministry of Health and Long-Term Care.

Exemption: Aboriginal people

If you are an Aboriginal person and reside in a public or private hospital, psychiatric facility, long-term care home, home for special care or independent health facility, you may request an indoor area to use tobacco for traditional cultural or spiritual purposes. This area must be separate from any Controlled Smoking Area.

Schools (public and private school property)

You cannot smoke or hold lighted tobacco inside the building of any public or private school, or on any outdoor property used by the school. This includes playgrounds and sports fields.

Rules for selling tobacco

Rules for duty-free retailers

Duty-free retailers may:

  • show a countertop tobacco display
  • allow customers to handle tobacco products before they make a purchase

If you are under 19 years of age, you may not enter a manufacturer outlet unless accompanied by somebody who is at least 19.

All duty-free retailers must fully comply with the law. For example, they must:

  • ensure that tobacco products and accessories are not visible from outside the place of business
  • not allow people to enter the shop from another store
  • not force people to walk through the shop to access other stores

Duty-Free Retailers must post certain signs. These include:

  • No Smoking signs at all entrances, exits, washrooms and other appropriate places to ensure that everyone knows that smoking is prohibited
  • Age Restriction and Health Warning and Government I.D. signs in stores at the point of sale and where it is clearly visible to customers

To learn more about these signs, please contact your local public health unit.

Rules for manufacturer outlets

Manufacturers registered with the Ministry of Health and Long-Term Care are exempt from the prohibitions relating to display and promotion of tobacco products in a place where tobacco products are manufactured, fabricated and produced.\

If you are under 19 years of age, you may not enter a manufacturer outlet unless accompanied by somebody who is at least 19.