The Law
Frequently Asked Questions
Why are Designated Smoking Rooms (DSRs) no longer permitted?
Despite the fact that many DSRs had been constructed, no ventilation system had been found to eliminate exposure to second-hand smoke. Therefore, workers and the public were exposed to second-hand smoke in DSRs and those who were in the non-smoking areas may have also been exposed, due to leakage.
What about the Designated Smoking Rooms (DSRs) that have already been built?
The Smoke-Free Ontario Act made all enclosed workplaces and enclosed public places across the province 100% smoke-free when it came into effect on May 31, 2006. This means that DSRs are no longer permitted.
Can I smoke in my car?
The Smoke-Free Ontario Act does not regulate smoking in private vehicles unless they fall under the 2 categories below:
Passengers under 16 in the Car: A new law prohibiting Ontarians from smoking in motor vehicles with passengers under 16 came into effect on January 21, 2009. Under the law, a driver or passenger smoking in a motor vehicle, while someone else under the age of 16 is present, is committing an offence, and can be fined up to $250.
Vehicle provided by employer: If your car is provided to you by your employer the car is considered your workplace and must be smoke free.
I live in a multi-unit residence where second-hand smoke from my neighbour's unit filters into my unit. Is this covered under the Smoke-Free Ontario Act?
Under the Smoke-Free Ontario Act, smoking is prohibited in common areas of: condominiums, apartment buildings and college and university residences. Examples of common areas include elevators, stairwells, lobbies and hallways; parking garages, laundry facilities, exercise areas and party or entertainment rooms. The Smoke-Free Ontario Act does not, however, restrict smoking in individual units.
If you require more information on this topic please visit The Ontario Tobacco-Free Network or contact them at 1-800-976-2636
Does the Smoke-Free Ontario Act restrict smoking in the entrance and exit ways of public places like shopping malls, restaurants, workplaces etc?
The Smoke-Free Ontario Act does not prohibit smoking near entrance and exit ways of public places like shopping malls, restaurants or workplaces. However, it is up to the discretion of owner/operators of public places to create and enforce smoke-free entrance and exit way policies.
The Act does restrict smoking within 9 meters of entrance and exit ways in the following places: hospitals, psychiatric facilities, nursing homes, charitable homes, homes for the aged and independent health facilities.
What can I do if my employer fails to ensure the workplace is smoke-free?
Members of the public and/or employees can lodge a complaint with York Region Tobacco Enforcement Officers by contacting York Region Health Connection at 1-800-361-5653.
Is smoking permitted in an apartment building?
The Smoke-Free Ontario Act does not regulate smoking in private apartments. The Act is intended to protect residents from second-hand smoke, so smoking is prohibited in common areas of a condominium, apartment building or university or college residence including: elevators, hallways, parking garages, party or entertainment rooms, laundry facilities, lobbies and exercise areas.
Is smoking permitted in hotel rooms?
To protect people from smoke in common areas such as: hallways, elevators, parking garages and lounges, smoking is prohibited everywhere in hotels, motels and inns. Only guest rooms designated as smoking rooms by the proprietor allow smoking.
Only registered guests and their invited guests can smoke in designated guest rooms.
Is smoking permitted in parking garages?
No, an indoor parking garage may be considered an enclosed public place or an enclosed workplace where smoking is prohibited.
Is the Smoke Free Ontario Act enforced on First Nation reserves?
The Smoke-Free Ontario Act is not enforced on First Nation reserve communities. The Government is working with First Nations leaders and communities to implement smoke-free goals, programs and protocols on reserves including casinos. Efforts are being made to develop an approach that respects the traditional and sacred use of tobacco.
The Act allows tobacco use by Aboriginal persons for traditional cultural or spiritual purposes. This traditional use of tobacco does not include smoking commercial tobacco such as cigarettes and cigars.
Both Casino Rama and Casino Blue Heron have chosen to go smoke-free.
More information on the Smoke Free Ontario Act.
For more information or to speak with a Public Health Nurse, please contact:
York Region Health Connection at 1-800-361-5653, TTY 1-866-252-9933