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The Law

• As of January 21, 2009, the Smoke-Free Ontario Act prohibits persons from smoking or having lighted tobacco in a motor vehicle if another person who is less than 16 years old is inside the vehicle.
• Any person – driver or passenger – in a motor vehicle, who is smoking while someone else under the age of 16 is present, will be committing an offence.
• The law applies to both moving and stationary vehicles and will apply to motor vehicles, regardless of whether any window, sunroof, rooftop, door, or other feature of the vehicle is open.

Why

• To protect children from the harmful effects caused by exposure to second-hand smoke in motor vehicles.
• Second-hand smoke in motor vehicles can be up to 27 times greater than in a smoker’s home.
• Children who breathe second-hand smoke are more likely to suffer health problems such as Sudden Infant Death Syndrome, asthma, and cancer and heart disease later in life.
• Second-hand smoke can also influence a child’s ability to reason and understand, and can negatively impact behaviour and attention span.

Enforcement

• Ontario police have the authority to enforce the prohibition of smoking a cigarette, or lighting tobacco in a motor vehicle if another person who is less than 16 years old is inside the vehicle.
• Persons who fail to comply with the prohibition may be ticketed, or if charged and found guilty, be subject to a set fine of $125.00.

Other Resources:
• Second-Hand Smoke Harms Children (pamphlet TUP-3)
• Protect Children from Third-Hand Smoke (pamphlet TUP – 8)
• Make Your Car Smoke-Free