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Tobacco and Vape Laws

The Smoke-Free Ontario Act

Under the Smoke-Free Ontario Act, 2017, you cannot smoke or hold lighted tobacco, cannabis, or use e-cigarettes:

in enclosed workplaces (this includes work vehicles),
in enclosed public places,
in designated outdoor spaces,
in a vehicle with children under the age of 16,
around all children's playgrounds (and public areas that fall within 20 metres of the playground),
on publicly owned sporting areas and spectator areas (and public areas that fall within 20 metres of these areas),
on restaurant and bar patios, whether covered or not, and within 9-metres of the bar or restaurant patio,
within 9 metres of entrances/exits of long-term care homes,
on hospital property,
in common areas of apartment buildings,
within 20-metres of school property, or
within 20-metres of a community recreational facility property.

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:

Parks and beaches
Sports fields and playgrounds
Outdoor community meeting areas
Within 9 metres of an entrance or exit of a municipal building
Within 9 metres of a transit shelter located at Cataraqui Centre, Kingston Centre
Within 3 metres of an entrance or exit of a publicly accessible place or workplace

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.

Smoke-free and vape-free buildings

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.

How to encourage a no-smoking, no-vaping policy in multi-unit residences?

What you can do about second-hand smoke in your building

Document the source and extent of the problem, the health impacts on you and your family, and the health impact on the use and enjoyment of your home.
Collect supporting evidence such as witness statement, previous assurances that you were moving into a no-smoking building, and letter from your physician verifying the health impact the second-hand smoke is having on you and your family.

Minimize the problem

Attempt to seal up cracks and gaps where the smoke is coming in.
Speak or negotiate with the smoking neighbour.
Seal your unit to reduce air transfer.
Investigate the ventilation.

Negotiate a solution

Notify your landlord.
Work with your landlord to negotiate solutions.
Talk to your landlord about adopting a no-smoking policy.
Advocate for more smoke-free options in the multi-unit sector.

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

Ask to break your lease without penalty.
Apply to the Landlord and Tenant Board for an order requiring the landlord to provide reasonable enjoyment or compensation for your loss of it.
Apply to the Humans Rights Tribunal of Ontario citing discrimination. This is only an option for people with disabilities or health conditions made worse by exposure to second-hand smoke.

Tobacco retailers

The Smoke-Free Ontario Act restricts the sale of tobacco and electronic cigarettes and vape products in many ways.

Smoke-Free Ontario Act, 2017: Guide for Retailers - June 2020 - Ministry of Health and Long Term Care (PDF)

What are the responsibilities of store owners?

Store owners must

ensure their store complies with the law,
be diligent in training all staff on their legal responsibilities, and
ensure signs are posted in accordance with the law.

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?

Create an internal policy. Clearly outline site-specific tobacco storage and sales procedures and restrictions.
KFL&A Public Health offers free information sessions for store owners and employees. Contact the Tobacco Information Line for more information.

Tobacco Enforcement Officers

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.

Resources:

Cannabis Legislation - Ontario Government
Smoke-Free Ontario Act - Ontario Government