Smoking Bylaw – MC Chapter 709
The Municipal Code Chapter 709 – Smoking Bylaw prohibits smoking within nine metres of an entrance or exit of any public building. A “public building” means an enclosed building to which the public and employees generally have access. Entrances and exits of a public building include back doors, fire exits, service doors and employee entrances.
The bylaw applies to any form of lit tobacco (i.e. cigarettes, cigars, pipes) but does not extend to vaping. The bylaw increases the outdoor areas where smoking is prohibited to protect the public from adverse health effects of second-hand smoke.
The bylaw does not apply to single-family homes or multi-unit dwellings where there is no common area that can be accessed by the public.
Toronto Public Health performs inspections and responds to complaints to enforce the bylaw within the City of Toronto.
If you see someone smoking in a prohibited area you can:
- inform the building proprietor or security staff
- make a formal and confidential complaint by calling 416-338-7600 between 8:30 a.m. and 4:30 p.m.
Building Owners and Proprietor Responsibilities
A building proprietor includes the owner, operator or person in charge of the building.
Every proprietor of a public building must:
- prohibit smoking in an area within a nine-metre radius surrounding any entrance or exit
- prohibit ashtrays and like paraphernalia in the prohibited areas
- post no smoking signs, as described in the bylaw, at all entrances and exits
Download and print the signage PDF files as required, or call Toronto Public Health at 416-338-7600 to order signs for your location.
An individual who violates the prohibition on smoking within nine metres of an entrance or exit may be charged and if convicted, may face a maximum fine of $300 (for a first offence) or $5,000 (for any further offence).
An owner that fails to fulfill their responsibilities under the bylaw may be charged and if convicted, may face a maximum fine of $300 (for a first offence) or $5,000 (for any further offence).