Tobacco and Electronic Cigarette Convictions
York Region Public Health enforces the Smoke-Free Ontario Act, 2017 to prevent youth access to tobacco and electronic cigarettes. Enforcing these laws helps to reduce the risk of youth beginning to use tobacco or electronic cigarettes.
Disclaimer Regarding Automatic Prohibition (Smoke Free-Ontario Act, 2017)
Prospective buyers of tobacco retail dealer premises are strongly encouraged to contact the local public health unit to confirm premises conviction history. A premises with two or more tobacco sales convictions against any owner (past or present) at that address within a five year period is subject to a Notice of Prohibition Against the Sale, Storage and Delivery of Tobacco Products (known as an automatic prohibition or “AP”).
Section 22 of the Smoke-Free Ontario Act, 2017 (SFOA) states that upon becoming aware that there are two or more convictions against any owner for tobacco sales offences committed at the same place within a five year period, the Ministry of Health and Long-Term Care (MOHLTC) shall notify the owner(s) or occupant of the place that the sale, storage and delivery of tobacco products is prohibited at the place.
The MOHLTC accepts requests from public health units for automatic prohibitions where owner(s) of the business was/were convicted of tobacco sales offences on two occasions. The SFOA convictions report published on public health units’ websites lists all owner related tobacco sales convictions that are eligible for an automatic prohibition. Please note that automatic prohibitions do not apply to vapour products sales convictions.
Smoke-Free Ontario Act, 2017 Convictions
The Conviction Report is a list of premises where an offence occurred under the legislation and the owner or operator was charged and convicted.
View the Conviction Report
Convictions will be posted for five years from the conviction date.
Every year in Ontario, approximately 13,000 people die from tobacco related illnesses.
The Smoke-Free Ontario Act, 2017 (SFOA, 2017) makes it illegal to:
- Smoke or vape on or within 9 metres of bar and restaurant patios
- Smoke or vape on or within 20 metres of any school property or community recreational facility property
- Smoke or vape on or within 20 metres of the perimeter of public playgrounds or publicly-owned sports field surfaces that host activities such as soccer, baseball, basketball, cricket, skating, swimming, skateboarding and beach volleyball
- Smoke or vape in any enclosed workplace or enclosed public place
- Smoke or vape in a motor vehicle with anyone under 16 present
- Sell tobacco products or vapour products of any kind on college, university or private school campuses
- Sell flavoured tobacco products, with some exceptions
The SFOA, 2017 is part of the Smoke-Free Ontario Strategy to:
- Help smokers quit
- Protect non-smokers from second hand smoke and second hand vapour
- Encourage young people not to start smoking or vaping
The Smoke-Free Ontario Act, 2017
The Smoke-Free Ontario Act, 2017 restricts where you smoke tobacco products, use electronic cigarettes to vape any substance and where you can smoke cannabis. The Act also makes it illegal to sell or supply tobacco or any vapour product to anyone under 19.
York Region Tobacco and Electronic Cigarette Control Officers are responsible for local education and enforcement of the SFOA, 2017 at:
- Enclosed workplaces and public places
- Restaurant and bar patios
- Schools and school property
- Community recreational facilities and facility property
- Tobacco vendors and electronic cigarette retailers such as variety stores and gas stations
- Private licensed home daycares
- Hospitals, long-term care facilities and nursing homes
- Outdoor public playgrounds and publicly-owned sports surfaces
Report smoking and vaping in areas restricted by the SFOA, 2017 vendors selling tobacco or vapour products to youth under 19 and other tobacco or electronic cigarette-related violations by:
- Emailing @email
- Calling York Region Health Connection at 1-800-361-5653
Officers respond to all complaints. All reports and/or violations are kept confidential and may be made anonymously.
Hookah and Shisha
Hookah and Shisha pipes allow users to smoke a mixture of tobacco and molasses, often mixed with other flavours. The smoke from the burned substance passes through water and is inhaled through a hose attached to the device.
The Smoke-Free Ontario Act, 2017 bans the use of all lighted tobacco in prescribed places, including tobacco in Hookah/Shisha pipes.
Restricting Access to Tobacco and Vapour Products
Tobacco and Electronic Cigarette Control Officers regularly inspect tobacco vendors and vapour product retailers, such as gas stations and variety stores, to enforce the SFOA, 2017 throughout all nine York Region cities and towns.
Tobacco vendors and vapour product retailers must:
- Ensure tobacco products and vapour products are not visible
- Not promote the sale of tobacco
- Check ID for anyone who appears under 25
- Post required vendor and retailer signs
- Ensure a smoke-free and vape-free environment
York Region Public Health provides educational materials for tobacco vendors and vapour product retailers and can help with staff training. If you are a new vendor or retailer, contact York Region Public Health to access these free resources.
Visit the Ministry of Health and Long-Term Care for more information about how the SFOA, 2017 affects you.