Health Requirements & Inspections
Smoke and Vape-Free Public Places and Workplaces
The Smoke-Free Ontario Act and Regulations 268-18 and 439-18 prohibits smoking of tobacco and cannabis, and use of electronic cigarettes (containing any substance) in/on/at/within:
- All enclosed public places and workplaces in Ontario including bars and restaurants, places of work and workplace vehicles
- Restaurant and bar patios, and within 9 metres of these patios
- Indoor common areas in condos, apartment buildings and university/college residences
- Non-designated guest rooms in hotels, motels and inns
- Schools, on school grounds, and all public areas within 20m of these grounds
- Child care centres, in places where home child care is provided, or where an early years program is provided
- 9 metres from the entrance or exit of hospitals (public/private), psychiatric facilities, long-term care homes, independent health facilities
- Outdoor grounds of hospitals (public/private) and psychiatric facilities
- Vehicles or boats that are being driven or at risk of being put into motion
- Reserved seating areas at outdoor sports and entertainment locations
- Grounds of community recreational facilities, and public areas within 20m of those grounds
- Sheltered outdoor areas with a roof and more than two walls which the public or employees frequent, or are invited to (e.g. a bus shelter)
- Other workplaces
No-Smoking & No-Vaping Signs
Owners of all locations affected by these laws must post signs. You can get free signs by:
- Visiting a Municipal Service Centre
- Picking them up at Public Health Services, Robert Thomson Building, 110 King Street West, 2nd Floor, Hamilton
- Ordering them to be sent by mail through [email protected]
Enforcement
Tobacco Enforcement Officers inspect public places, workplaces and workplace vehicles and investigate complaints about these places. A ticket and fine are given to people or places that do not follow the law.
Owner and Operator Duties
The Smoke-Free Ontario Act outlines duties of owners, operators or persons in charge to ensure these areas are smoke and vape-free. These duties include:
- Giving notice to staff and patrons that smoking and vaping is prohibited
- Posting ‘no-smoking’ and ‘no-vaping’ signs at entrances and exits to ensure staff and patrons are aware that smoking and vaping is prohibited
- Ensuring no ashtrays or similar items are in the smoke and vape-free areas
- Ensuring that workers and patrons do not smoke or vape in the smoke and vape-free area
- Ensuring that people who refuse to comply with the prohibition on smoking and vaping do not remain in the smoke and vape-free area
Smoke-Free Ontario Act Resources
Hamilton’s Waterpipe By-law
Hamilton’s waterpipe by-law prohibits smoking of tobacco or non-tobacco waterpipes (shisha/hookah) in enclosed public places and workplaces and on outdoor patios.
Operator and Property Owner Responsibilities
Business owners and property owners are responsible for ensuring that no one is using a waterpipe in locations prohibited under Hamilton’s By-law 23-170. In addition, operators and employees of enclosed public places operating as a bar or restaurant or those with a patio should ensure that waterpipes and their components are not displayed at the establishment.
Operators must
- make individuals and employees aware of where waterpipe smoking is prohibited
- ensure that individuals who do not comply with the smoke-free prohibition do not remain in the smoke-free area
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