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Smoke-Free Ontario Act

 
The Smoke-free Ontario Act bans smoking in enclosed public places and workplaces and helps prosecute tobacco retailers for selling tobacco to those under 19.

The Smoke-free Ontario Act, which took effect May 31, 2006, combines legislation from both the Tobacco Control Act and the Smoking in the Workplace Act. It is aimed at:

  • banning smoking in all enclosed public places and workplaces
  • making it easier to prosecute tobacco retailers for selling tobacco to those under 19

What is the Smoke-free Ontario Act?

How the Act affects you

More information on a smoke-free Ontario (external link).

Information for tobacco retailers

Where to order no smoking signs

If you require signs for your establishment, please contact Halton Region at 311.

What is the Electronic Cigarettes Act?

Offence Reports

When an establishment or an individual is in violation of the Smoke-Free Ontario Act and/or the Electronic Cigarettes Act, they are charged with an offence. When they are determined to be guilty, the offence is posted on this web page for 6 months.

  • Establishment violations - Businesses that have failed to meet the requirements of the Smoke-Free Ontario Act or the Electronic Cigarettes Act.
  • Individual violations - Individuals that have violated the Smoke-Free Ontario Act or the Electronic Cigarettes Act while on the establishment's property.
  • Workplace vehicles violations - Individuals that have violated the Smoke-Free Ontario Act while in a workplace vehicle.
  • Smoke Free Ontario Act Violation: Establishment Violation
  • Name of Establishment: U-Canpuff
  • Address of Establishment: 113 Lakeshore Rd W, Oakville
  • Offence Description: Sell electronic cigarette to a person who is less than 19 years old, ECA 2(1)
  • Date of Conviction: August 3, 2018
  • Set Fine: $300
  • Smoke Free Ontario Act Violation: Establishment Violation
  • Name of Establishment: Preserve Convenience
  • Address of Establishment: 3022 Preserve Dr, Oakville
  • Offence Description: Sell tobacco to a person who is less than 19 years old, SFOA 3(1)
  • Date of Conviction: July 31, 2018
  • Set Fine: $400
  • Smoke Free Ontario Act Violation: Establishment Violation
  • Name of Establishment: 3D Collision Centre
  • Address of Establishment: 294 Wyecroft Rd, Oakville
  • Offence Description: Failure of employer to ensure no ashtrays or similar equipment, SFOA 9(3)(d)
  • Date of Conviction: July 18, 2018
  • Set Fine: $300
  • Smoke Free Ontario Act Violation: Establishment Violation
  • Name of Establishment: Rabba Fine Foods
  • Address of Establishment: 1289 Marlborough Court, Oakville
  • Offence Description: Sell tobacco to a person who is less than 19 years old, SFOA 3(1)
  • Date of Conviction: June 12, 2018
  • Set Fine: $400

 

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 convictions against the owner at that address is subject to a Notice of Prohibition Against the Sale, Storage and Delivery of Tobacco Products (known as an automatic prohibition or “AP”). Section 16 of the Smoke-Free Ontario Act (SFOA) states that upon becoming aware that there are two or more convictions against any person 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 on two occasions rather than employees. The SFOA convictions report published on public health units’ websites lists all owner related tobacco sales convictions that are eligible for an automatic prohibition

The Smoke-Free Ontario Act, and the Electronic Cigarettes Act

The Smoke-Free Ontario Act, 2017, which was scheduled to come into effect on July 1, 2018, is currently paused as the provincial government reviews previously planned changes. The Smoke-Free Ontario Act, 2006 and the Electronic Cigarettes Act, 2015 remain in effect for rules on the sale, supply, use, display and promotion of tobacco products and e-cigarettes.

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