Smoke-Free East

Q: What is new about the legislation?

A: There are several new points:

An immediate restriction on the display of tobacco products
A complete ban on the display and promotion of tobacco products as of May 31, 2008
A requirement to I.D. anyone who looks younger than 25
A ban on smoking in enclosed public places and workplaces
A ban on smoking in day nurseries and private home day cares whether children are present or not
New rules for facilities and designated veterans and psychiatric facilities to replace designated smoking rooms with controlled smoking areas
Procedures for a home health-care worker to follow when s/he leaves a home because someone refuses to butt out

Q: Does the law apply everywhere in Ontario?

A: Yes. The SFO Act and Regulations are minimum standards for the province. Municipalities may have more health-protective by-laws. Contact your local PHU for more information.

Q: Does the Smoke-Free Ontario Act replace municipal by-laws that regulate smoking?

A: No. The Smoke-Free Ontario Act establishes a minimum standard applicable across the province. Municipalities will still have the ability to pass more restrictive by-laws. Municipalities that already have more restrictive by-laws will have the option of keeping these rules in force.

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Q: Why is it important to keep the local by-laws?

A: Municipalities across the province of Ontario will still have the power to make their own by-laws to regulate smoking. Municipalities can put in place new by-laws or amend existing by-laws, but the by-laws must be more restrictive than the regulations in the SFO Act. In this way, municipalities can do even more and go even further to protect the rights of all citizens from the effects of second-hand smoke.

Q: Who will enforce the legislation?

A: Inspectors in local public health units will enforce the legislation. Contact your local PHU for more information.

Q: What are the penalties for not complying with the legislation?

A: Different infractions carry different penalties. The goal is to encourage voluntary compliance with the law, and the government and public health units will work closely with employers and business owners/operators to inform them of the requirements of the legislation. The fines for an individual range from $1,000 to $100,000 and the fines for a corporatiion range from $5,000 to $300,000. Contact your local PHU for more information.

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Q: What do retailers have to do under the legislation?

A: The legislation requires retailers to ensure that tobacco is not sold to any person under the age of 19 years, and to post related signage. A retailer must ask for I.D. from anyone who doesn’t look at least 25. Retailers that sell tobacco products must also comply with the restrictions on display and promotion. Contact your local PHU for more information.

Q: Can a retailer be charged if an employee sells cigarettes to a minor?

A: Yes. The owner of a business is liable if s/he or an employee sells tobacco to someone under 19.

Q: What types of government I.D. can retailers accept?

A: The following types of government-issued identification are acceptable:

An Ontario driver’s licence.
A Canadian passport.
A Canadian citizenship card.
A Canadian Armed Forces identification card.
A photo card issued by the Liquor Control Board of Ontario.
Government issued photo I.D. that gives the birth date of the person.

Q: Will retailers have to post new signs?

A: Retailers that sell tobacco products will have to post new signs outlining age restrictions/health warning, and identification. The proposed legislation requires that two signs be posted at retail establishments that sell tobacco. Both signs will face both the buyer and the seller.

Q: Will the law ban smoking in all bars, bingo halls, bowling alleys, casinos and restaurants, including legion halls and private clubs?

A: Yes, the goal is to make Ontario’s enclosed workplaces 100% smoke-free.

Q: Will the legislation ban smoking on patios?

A: Smoking will be banned on any patio – where food and drink are served or sold or offered for consumption – that is either partially or completely covered by a roof. Smoking will be allowed on patios that are truly “outdoors”; i.e., that have no roof. Should a more restrictive by-law exist that bans smoking on patios, that law would apply. Contact your local PHU for more information.

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Q: What happens if a customer lights up and refuses to put out the cigarette?

A: It is up to the owner or employer to ask the smoker to put out the cigarette. If the person doesn’t comply then it is up to the owner or employer to remove them. Contact your local PHU for more information.

Q: Will proprietors and employers have to post signs? Where do I get new signs?

A: Yes. Signs must be placed at each entrance and exit of enclosed workplaces and enclosed public places in appropriate locations and in sufficient numbers to ensure that employees and public are aware that no smoking is permitted in the enclosed workplace or enclosed public place.

Signs are available for free from your local PHU as of May 31, 2006.

Q: Where should an employee lodge a complaint if the employer or proprietor does not comply?

A: Complaints can be sent to the local PHU.

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Q: Does the legislation cover workers that provide non-health related services such as homemaking, meals on wheels, respite and friendly visiting?

A: All workers who provide services in the home are covered if the services are provided by an agency funded by the Ministry of Health and Long-Term Care, or are arranged and funded by a Community Care Access Centre.

Q: Are there places or groups that are exempt from the Smoke-Free Ontario Act?

A: All workplaces and enclosed public places will be 100% smoke-free. However, there are some exemptions for people of First Nations to use tobacco for traditional spiritual and ceremonial purposes. Residential care facilities may be able to have controlled smoking areas that only residents would be allowed to use. Hotels that have not banned smoking throughout their facility may still have smoking rooms. Contact your local PHU for more information.

Q: Is smoking now prohibited outside at entrances and exits to all buildings?

A: No. The nine metre rule still only applies to facilities such as hospitals, nursing homes, rest homes, and independent health facilities. However, if a premises wishes to have a minimum dsitance from buildings where people may smoke, they can still do so.

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