Hastings and Prince Edward Counties Health Unit

The Smoke-Free Ontario Act, 1994, is a broad piece of public health legislation that protects the public from tobacco use.

The Act contains the following measures:

- prohibition on selling tobacco in packages less than 20 cigarettes
- prohibition on selling tobacco to any person who is less than 19 years old
- prohibition on selling tobacco without health information and warnings
- prohibition on tobacco vending machines
- prohibition on selling tobacco in health care institutions such as hospitals and pharmacies
- prohibition on displaying tobacco products where these products are sold

In 2006, the Act was strengthened to protect Ontarians from second-hand smoke. The new sections in the legislation prohibit:

smoking in enclosed public places and all enclosed workplaces, including restaurants, bars, schools, private clubs, sports arenas, entertainment venues, work vehicles and offices

The changes to the Act also instituted new measures to ensure compliance with these new sections.

What this means for the workplace or a public place:

Every employer/owner must:

ensure compliance of the legislation
notify employees that smoking is not allowed
post signs (including in washrooms)
remove all ashtrays or similar equipment
ensure employees who do not comply leave the enclosed workplace

If an employee seeks enforcement of this Act, no employer/owner can:

dismiss or threaten the employee
discipline or suspend the employee or threaten to do so
impose a penalty on the employee
intimidate or coerce the employee

If you have a question about the Act or would like to forward information regarding an offence under the Act please click here to email us.

Related Links:

The Smoke-Free Ontario Act

Other Resources: