Halton Region Smoking and Vaping By-Laws

Halton Regional By-Law No. 40-20 (PDF file) came into force on March 15, 2021. By-law No. 40-20 replaces By-Law No. 24-09, which was passed in 2009 to prohibit the smoking of tobacco within nine metres from any entrance or exit of municipally owned or leased buildings. By-Law No. 40-20 prohibits smoking and vaping in public parks, within nine metres from any entrance or exit of municipally owned or leased buildings and within nine metres of child care centres.

Halton Regional By-Law No. 41-21 (PDF file) comes into force on July 19, 2022. By-law No. 41-21 prohibits waterpipe smoking anywhere the Smoke-Free Ontario Act, 2017 and Halton Regional By-Law No. 40-20 prohibit smoking.

The Smoke-Free Ontario Act, 2017 (SFOA, 2017) is a provincial law that regulates the sale, supply, display and promotion of tobacco products and vapour products. As well, the SFOA, 2017 prohibits the smoking of tobacco, the use of electronic cigarettes, and the smoking of cannabis (medical and recreational) in enclosed workplaces, enclosed public places, and other designated places.

For more information about the SFOA, 2017, please visit Halton Region’s Smoke-Free Ontario Act webpage.

By-Law No. 40-20 expands upon the SFOA, 2017 by adding more restrictions. For example, municipally owned or leased buildings and child care centres were not captured under the SFOA, 2017 but they are smoke- and vape-free within nine metres of the entrance/exit of the building under By-Law No. 40-20. Under the SFOA, 2017, public parks are only smoke- and vape-free within 20 metres of a playground or sporting area but By-Law No. 40-20 requires public parks to be entirely smoke- and vape-free.

SFOA, 2017 only prohibits waterpipe smoking if the substance being smoked contains tobacco. By-Law 41-21 prohibits waterpipe smoking of any substance anywhere the SFOA, 2017 and By-Law No. 40-20 prohibit smoking.

Waterpipe smoking, also referred to as “shisha” or “hookah”, has traditionally been used in Asian and eastern Mediterranean regions. In recent years this custom has grown in popularity across the globe, particularly among youth. Waterpipe smoking involves heating a tobacco or non-tobacco “herbal” product using charcoal or an electronic heat source that creates smoke. Users inhale smoke through a hose attached to the waterpipe device. This device draws the smoke from the product (tobacco or non-tobacco) first through the waterpipe shaft, then through a water chamber and finally through the hose to be inhaled by the user.

There is no safe level of smoke. Even when tobacco is not used, the smoke from burning a substance, as it happens when using a waterpipe, contains harmful toxins and chemicals. These harmful by-products negatively affect indoor and outdoor air quality. Use of a charcoal heat source increases the amount of carbon monoxide (CO) in waterpipe smoke, which can increase the risk of CO poisoning.

Waterpipe smoking has been linked to heart disease, lung cancer, dental disease, breathing problems and pregnancy complications.

To learn more about how waterpipe smoking is harmful, please visit Public Health Ontario’s Health Impacts of Waterpipe Smoking and Exposure evidence brief (external PDF).

Waterpipe smoking negatively affects both indoor and outdoor air quality. Evidence to date suggests that one hour of waterpipe smoking results in higher emissions of carbon monoxide, hydrocarbons, and volatile aldehydes than one hour of cigarette smoking. Waterpipe smoking increases the levels of carbon monoxide and particulate matter, which are closely related to potential impacts on human health.

Second-hand smoke is a health risk to non-smoking patrons, staff, enforcement officers, and first responders.

Waterpipe establishment owners/operators were personally notified of the proposed waterpipe smoking by-law and invited to attend meetings with Halton Region Public Health staff. The consultations with waterpipe establishment owners/operators were a multi-year process that began in 2019. Public Health staff have personally delivered copies of the by-law to each waterpipe establishment, and will continue to provide education and work with the establishments to achieve compliance with the by-law.

Public Health Inspectors (PHIs) from Halton Region Public Health will respond to issues of non-compliance with Regional By-laws No. 40-20 and 41-21. PHIs use a phased in progressive enforcement approach when addressing non-compliance; this may include education, warnings, tickets and summons. When By-law No. 41-21 comes into effect on July 19, 2022, there will be a four month education phase. During this time, PHIs will work with establishments to ensure they are aware of the by-law and provide consultation to assist them to bring their establishments into compliance. After the education phase has ended, there will be a warning phase, followed by an enforcement phase where charges will be considered for continued non-compliance.

To file a complaint about smoking or vaping in public places, contact Halton Region Public Health by emailing accesshalton@halton.ca or calling 311.

By-law No. 40-20 requires signs to be posted in public parks, at the entrance/exit of municipally owned or leased buildings, and at the entrance/exit of child care centres. Child care centres that require signs to comply with By-law No. 40-20 can order them by emailing accesshalton@halton.ca or by calling 311. There are no specific signage requirements under By-law No. 41-21.