Smoking Bylaw – MC Chapter 709

Under Municipal Code Chapter 709 – Smoking Bylaw, it is against the law to smoke 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) or cannabis 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.

Toronto Public Health performs inspections and responds to complaints to enforce the bylaw within the City of Toronto.

The bylaw applies to any entrance or exit of a building (including back doors, fire exits, service doors or employee entrances) that can be accessed by the public or employees, including:

  • Municipal buildings (such as City Hall and civic centres), libraries and administrative offices
  • Shopping malls and stores
  • Office buildings
  • Restaurants, bars and cafes
  • Multi-residential buildings (condos, apartments and other similar residential buildings) that can be accessed by the public. The smoking ban would apply if there is an entrance at street level that allows the public to enter the building, such as a lobby or foyer with a buzzer, before another set of locked doors.

The bylaw does not apply to single-family homes or multi-unit dwellings where there is no common indoor area that can be accessed by the public.

Smoking is prohibited in an area within a nine metre radius surrounding any entrance or exit of a public building except that part of the nine metres which is located on the public highway. The public highway can include the public sidewalk, a public laneway or the road.

A building proprietor includes the owner, operator or person in charge of the building.

Every proprietor of a public building needs to:

  • Ensure people do not smoke within nine metres radius of any entrance or exit
  • Ensure no ashtrays are placed within restricted areas
  • Post no smoking signs, as described in the bylaw, at all entrances and exits

Download and print the no smoking signage or call Toronto Public Health at 416-338-7600 to order signs for your location.

Toronto Public Health educates and supports building proprietors to achieve compliance with the bylaw as the first approach.

Proprietors may be charged for continued non-compliance. Individuals found smoking within restricted areas may also be charged for non-compliance.

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 $1,000 (for a first offence) or $5,000 (for any further offence).

A proprietor that fails to fulfill their responsibilities under the bylaw may be charged and, if convicted, may face a maximum fine of $1,000 (for a first offence) or $5,000 (for any further offence).

If you see someone smoking in a prohibited area you can:

  • Inform the building proprietor, property manager or security staff.
  • Call Toronto Public Health at 416-338-7600 between 8:30 a.m. and 4:30 p.m. to make a formal complaint. Your contact information will be kept confidential.