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Smoke-Vape Free Spaces and Laws
The Smoke Free Ontario Act (SFOA, 2017) prohibits the smoking and vaping of tobacco, cannabis and other substances to protect workers and the public from second-hand smoke and vapour.
Under the Tobacco, Vapour and Smoke Protocol, 2018, the board of health shall publicly disclose a summary report of all retailer/owner convictions related to tobacco sales offences and vapour product sales offences. Enforcement activities are made available within two weeks of conviction and are posted for five years.
Learn more about smoke free spaces and our frequently asked questions below.
What is included:
Smoke-Free Ontario Act, 2017
The Smoke-Free Ontario Act, 2017 (SFOA, 2017) is intended to protect Ontarians from the harms of second-hand smoke and vapour including tobacco, cannabis and other substances.
It also keeps tobacco and e-cigarette products out of the hands of youth. For information on where you can’t smoke or vape in Ontario, please visit Ontario.ca
Signage for Businesses
“No smoking” and “no vaping” signs are required at all places where smoking tobacco, cannabis and vaping is prohibited under SFOA, 2017.
Tobacco and e-cigarette retailers are also required to post additional signage. For retailer guidance, please visit Ontario.ca
If you need signage, contact Algoma Public Health at 705-759-5286
Tobacco and e-cigarette retailers
Owners, employers and employees of a place that sells tobacco or vapour products in Ontario must follow the rules outlined by the SFOA, 2017. Retailers have a legal responsibility to ensure compliance with these rules.
Multi-unit housing are considered to be any building that has more than one residential unit. Other names used for multi-unit housing are apartments, condominiums, semi-detached houses, row or town houses, basement suites and duplexes.
For more information on Smoke-Free multi-unit housing, visit:
What does 'smoking' and 'vaping' refer to?
“Smoking” means inhaling and exhaling or holding lighted tobacco or cannabis (medical or recreational).
“Vaping” means inhaling or exhaling vapour from an electronic cigarette (e-cigarette) or holding an activated e-cigarette, whether or not the vapour contains nicotine.
Who will enforce these restrictions?
Algoma Public Health has designated enforcement staff that will conduct regular proactive compliance activities related to the smoking bylaw during their regular inspections for smoking and vaping in public places and workplaces inspections in accordance with the Smoke Free Ontario Act, (2017) and applicable bylaws. They will also investigate on a complaint basis, notifications received from the public about alleged violations of smoking and vaping in locations that are prohibited under the Smoke Free Ontario Act, (2017).
What is the goal of enforcement?
The goal of enforcing the Smoke-Free Ontario Act, 2017 and Municipal Smoking Bylaws is to educate, facilitate and achieve general compliance with the laws that pertain to smoking and vaping in order to preserve the quality of life enjoyed by the citizens of Algoma.
How to make a complaint and what information is needed?
In Algoma, smoking is restricted at certain outdoor spaces by specific municipal bylaws as well as the provincial Smoke-Free Ontario Legislation. To make a complaint regarding an individual(s) smoking or vaping in a restricted location contained in either the Smoke-Free Ontario Act or in your local municipal bylaw, the complainant is requested to provide the following information:
- Name
- Phone Number
- Date and time you saw smoking/vaping
- Description of the person or people smoking/vaping
Complaints from the public may be received in person, over the telephone, in writing, or through our online Facility Complaint Form.
What is the process for dealing with complaints from the public?
- All questions or complaints will be responded to as soon as possible
- How much personal information you provide is up to you, however, too little information may impact our ability to properly respond to or handle your request
- Algoma Public Health staff and volunteers will not release your personal information to anyone without your consent unless there is a legal requirement.
Are there fines for smoking or vaping in prohibited places and how much are they?
If you smoke or vape where it is not allowed, you may be charged with an offence and subject to a fine (up to $1,000 for a first offence, $5,000 for any further offence) if convicted.
You can review the offences and fines at Ontario.ca
Last Modified: April, 2023