Ontario Legislation & Regulations

The Smoke-Free Ontario Act

The Act, which came into force on May 31,2006 renamed and amended the Tobacco Control Act, 1994, and repealed the Smoking in the Workplace Act. Under the new Smoke-Free Ontario Act, all enclosed public places and workplaces (such as restaurants, bars, private clubs, work vehicles and offices) are 100% smoke-free. The Act also toughens laws on tobacco sales to minors and restricts the display of tobacco products in retail outlets with a complete ban on the display of tobacco products by May 31, 2008.

Regulations for the Smoke-Free Ontario Act are now available on the Government of Ontario's E-laws site.

Click here to view the Compendium to the Tobacco Control Statute Law Amendment Act, 2004 (The Smoke-Free Ontario Act).

Information about the Smoke-Free Ontario Act, who it affects, how it compares to the Tobacco Control Act (1994) and relevant signage is now available on the Ministry of Health Promotion website.

There are two provincial statues that could regulate second-hand smoke as an occupational health hazard:

Ontario Occupational Health and Safety Act (1979)

This Act lists known toxic agents and makes recommendations to control the use of such agents in the workplace. Certain carcinogens found in second-hand smoke are those named by the Act: seven of the listed toxic agents are found in second-hand smoke emitted from at least 33 cigarette brands available for sale in Canada. However, the Ministry of Labour maintains that the Act does not apply to second-hand smoke because it is generated as a result of a worker smoking, which is not a work related activity.

Health Protection and Promotion Act (1983)

This Act gives the Medical Officers of Health for Ontario broad discretionary powers to protect community health, which includes the power to investigate and take appropriate action on complaints of occupational and environmental health hazards. It is possible that Medical Officers of Health could use these enabling powers to declare tobacco smoke a health hazard and order its elimination from Ontario workplaces. For a more detailed discussion on how this Act could be used to regulate second-hand smoke in public places and workplaces, please refer to the Smoking and Health Action Foundation publication, Using Ontario's Health Protection and Promotion Act to Reduce Exposure to Environmental Tobacco Smoke