Under the Smoke-Free Ontario Act, 2017, you cannot smoke or hold lighted tobacco, cannabis, or use e-cigarettes:
Cannabis cannot be consumed (smoked, vaped, eaten) in a vehicle or boat that is being driven or is at risk of being put into motion.
The Act also bans the public display of tobacco and vapour products, and the promotion of tobacco products, (other than in speciality vape stores and tobacconists) and the sale of tobacco and vapour products to youth under 19 years of age.
Municipal tobacco laws |
The By-Law To Regulate Smoking and Vaporizing in Public Places and Enclosed Workplaces in the City of Kingston puts additional restrictions on places where you cannot smoke or hold lighted tobacco, cannabis, or use e-cigarettes. In the City of Kingston, smoking of tobacco and cannabis or the use of e-cigarettes is not permitted in the following places:
The Town of Greater Napanee smoking by-law offers additional restrictions on smoking within 6 metres of the entrance, exits, or boundary of any municipal building. The Township of North Frontenac by-law to Prohibit and Regulate Smoking and Vaping for Township Owned Property, Facilities and Buildings offers additional restrictions on smoking and vaping within 9 metres of the public entrances and exits of municipal buildings, and within 20 metres of public entrances and exits of libraries. |
Many people living in multi-unit residences (e.g., apartments or condos) are exposed to second-hand smoke, even if they don't want to be. Smoke can drift into their unit from nearby units.
It is illegal to smoke or vape in the common areas of condominiums, apartments, or post-secondary residence buildings. This includes lobbies, elevators, stairwells, covered parking garages, and hallways.
It is the responsibility of the property owners and managers to make sure signage is posted as required under specific legislation. For information about the required signage, contact the Tobacco Information Line.
There is no law that regulates smoking or vaping in a private, self-contained unit such as detached home, or an apartment or condominium. However, landlords have the right to adopt no smoking clauses in their leases. For information on no smoking policies, visit the Smoke-Free Housing Ontario website or call the Tobacco Information Line.
What you can do about second-hand smoke in your building |
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Minimize the problem |
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Negotiate a solution |
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If all your efforts to minimize the smoke fail and your landlord has not taken reasonable steps to resolve the problem, your remaining options include |
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The Smoke-Free Ontario Act restricts the sale of tobacco and electronic cigarettes and vape products in many ways.
What are the responsibilities of store owners? |
Store owners must
KFL&A Public Health Tobacco Enforcement Officers conduct inspections of tobacco and electronic cigarette retailers to ensure compliance. |
What is automatic prohibition? |
If a premise is convicted of two or more offences in a five-year period, the store will not be allowed to sell tobacco or electronic cigarette products for up to one year. Public disclosure of sale convictions can be found on our our public disclosure of smoke-free ontario act tobacco inspection results page. |
How can store owners help employees understand their responsibilities? |
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The Smoke-Free Ontario Act, 2017 and the Kingston No Smoking By-Law are enforced by KFL&A Public Health Tobacco Enforcement Officers. Tobacco Enforcement Officers conduct inspections of public places, workplaces, and tobacco and electronic cigarette retailers to ensure compliance with the law, respond to complaints about offences, and lay charges when necessary.