New by-law prohibits use of waterpipes in public settings

HAMILTON, ON – Hamilton City Council has approved a new by-law banning waterpipe smoking in public places and workplaces.

A waterpipe (or hookah) is a device used to smoke moist tobacco and/or non-tobacco herbal products. The new by-law will help protect Hamiltonians from toxins released in waterpipe smoke by prohibiting waterpipe smoking in locations including:

• Enclosed public places and workplaces
• Outdoor patios
• City-owned outdoor sports and recreational areas
• Schools

Under Hamilton’s By-law 23-170, business and property owners are responsible for ensuring their employees, tenants and/or customers do not use a waterpipe in prohibited locations at their establishments or property, and that they are aware of the new restrictions. Fines can run up to $10,000 for a first offence for individuals and up to $50,000 for corporations, increasing in amount for subsequent offences.

Hamilton’s by-law is similar to by-laws created in Niagara Region, Peel Region, Halton Region, Durham Region, Toronto and Ottawa that ban waterpipe smoking in public places and workplaces.

Tobacco Enforcement Officers are using a progressive enforcement model to educate residents and business owners on the by-law, which came into effect September 13, 2023, before progressing to warnings and charges.

Quick Facts

• The Smoke-Free Ontario Act, 2017 prohibits the smoking of tobacco and cannabis (including in waterpipes) and the use of vapour products in enclosed public places and workplaces and in prescribed outdoor recreation spaces.
• Hamilton’s Prohibiting Smoking within City Parks and Recreation Properties By-law 11-080 prohibits the smoking or vaping of tobacco, cannabis, or any other substance in public parks and recreation areas, including waterpipe smoking.
• Hamilton is one of approximately 35 communities in Ontario that have created by-laws to prohibit or control the use of (tobacco and non-tobacco/herbal) waterpipe smoking within indoor and/or outdoor settings.
• Waterpipe smoking, which negatively affects indoor and outdoor air quality, has also been linked to various harmful health outcomes much like cigarette smoking and vaping.
• Complaints are received through the Tobacco Hotline 905-540-5566 or via email [email protected]
• There are approximately eight licensed waterpipe establishments operating at present in the city of Hamilton.