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Where does the Smoke-Free Ontario Act apply? |
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The Smoke-Free Ontario Act prohibits smoking in the enclosed common areas of a condominium or apartment building but does not extend into people's private homes or apartment units. Places such as sidewalks, uncovered rooftop patios or balconies do not qualify. |
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What are some examples of "common areas"? |
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Examples of common areas include: elevators, stairwells, hallways, parking garages, laundry facilities, lobbies, exercise areas and party or entertainment rooms. |
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Are there smoking restrictions outside of buildings? |
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Smoking outside of buildings is not covered by the Smoke-Free Ontario Act, with the exception of buildings such as health care facilities, where smoking is prohibited within nine metres of entrances or exits. |
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Is smoking allowed at a covered entrance to a building? |
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If the area outside of an entrance is covered by a roof and surrounded by more than two walls it would be considered a shelter under the Smoke-Free Ontario Act and smoking would be prohibited. |
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Does the Smoke-Free Ontario Act apply in a person's personal dwelling? |
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Smoking in a person's dwelling is not addressed by the Smoke-Free Ontario Act. At this time, there are no plans by the province to amend the legislation. |
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If a unit has a separate heating or cooling source, does that prevent the movement of tobacco smoke? |
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The movement of tobacco smoke from one unit to another occurs even when each unit has a separate heating and/or cooling system. |
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Is second-hand smoke a common occurrence in apartments? |
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The problem of second-hand smoke in multiple occupancy residential units is quite common. |
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What can I do if people are smoking in "common areas" in my building? |
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If smoking is occurring in the common areas as mentioned above, call Toronto Health Connection at 416-338-7600 to make a complaint. When calling, please provide the address, the exact location(s) in the building (e.g. garage, elevator) and approximate time that the occurrence might be observed. Contact information for the building owner or management is also very helpful. |
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hat should I do if I think that there may be structural deficiencies in my apartment that allow smoke to get through? |
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If you believe that there are deficiencies in the construction of your apartment that are allowing the smoke to enter please call Access Toronto at 311 and ask to be connected to Municipal Licensing and Standards. |
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My neighbour is a smoker and I sometimes find that the smoke comes into my apartment. I have spoken to him about it, but is there anything else I can do to reduce the amount of smoke that might get in? |
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In addition to asking for cooperation from your neighbour, you may be able to protect yourself and your family by taking measures to prevent the smoke from entering your residence. Such action could include sealing the dividing wall(s) on your side of the structure or creating positive air pressure within your home so that the tobacco-laden air cannot flow into your home. |
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I think that there is a problem with my ventilation system. I find that smoke always seems to be seeping through. What can I do? |
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In situations where smoke is moving through cracks or other deficiencies in the construction of the unit or if ventilation systems are not being maintained, the Property Standards by-law may be utilized to require improvements. |
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I have been having issues with my landlord / I have been having issues with my tenant, what should I do? |
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Issues between landlords and tenants are beyond the scope of the Smoke-Free Ontario Act. However, you may be able to get more information about your question by referring to the Ministry of Municipal Affairs and Housing. |
