Tobacco and vaping laws

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 nine metres of the bar or restaurant patio
within nine metres of entrances or exits of long-term care homes
on hospital property
in common areas of apartment buildings
within 20 metres of school property
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 Smoke-Free Ontario Act, 2017 also bans the public display of tobacco and vapour products, the promotion of tobacco products unless under certain circumstances, 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 nine metres of an entrance or exit of a municipal building
within nine metres of a transit shelter located at Cataraqui Centre, Kingston Centre
within three metres of an entrance or exit of a publicly accessible place or workplace

The Town of Greater Napanee Regulate Smoking By-law offers additional restrictions on smoking within six 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 nine metres of the public entrances and exits of municipal buildings, and within 20 metres of public entrances and exits of libraries.

Tobacco and vapour product retailers

The Smoke-Free Ontario Act, 2017 restricts the sale of tobacco and vapour products in many ways for retailers.

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
• ensure signs are posted in accordance with the law

KFL&A Public Health tobacco enforcement officers conduct inspections of tobacco and vapour product retailers to ensure compliance.

What is automatic prohibition?

If a tobacco retail premise is convicted of two or more offences in a five year period, the store will not be allowed to sell tobacco products for up to one year. View public disclosures of Smoke-Free Ontario Act sale convictions on our inspections and enforcement page.

How can store owners help employees understand their responsibilities?

Create an internal policy. Clearly outline site-specific tobacco and vapour product storage and sales procedures and restrictions.
Consult with KFL&A Public Health’s Tobacco Enforcement. Contact the Tobacco Information Line for more information.

KFL&A Public Health’s tobacco enforcement officers enforce the Smoke-Free Ontario Act, 2017 , the BCity of Kingston's Smoking and Vaporizing By-law, and the Town of Greater Napanee’s Regulate Smoking By-law. Tobacco enforcement officers conduct inspections of public places, workplaces, and tobacco and vapour product retailers to ensure compliance with the law, respond to complaints and press charges when necessary.

To speak with a tobacco enforcement officer, please email or leave a message on the tobacco information line, 613-549-1232, ext. 1333.