Smoking and vaping is not permitted in a child care centre, a place where home child care is provided, or a place where an early years program or service is provided, as defined in the Child Care and Early Years Act, 2014. The entire premises must be smoke- and vape-free at all times whether or not children are present. The sale of tobacco or vapour products is also prohibited in a child care centre and a place where home child care is provided.
The Smoke-Free Ontario Act, 2017 requires that the owner, proprietor or person in charge of a child care centre, home child care or early years program ensure that the law against smoking and vaping in the places described above is respected. These proprietors must:
An individual who violates the prohibition on smoking or vaping in a smoke-free and vape-free place may be charged with an offence, and on conviction could be subject to a maximum fine of $1,000 (for a first offence) or $5,000 (for any further offences).
Any individual convicted of an offence for selling tobacco or vapour products in a child care centre or a place where home child care is provided could be subject to a maximum fine ranging from $2,000 to $50,000, depending on the individual’s number of prior convictions.
Any corporation convicted of an offence for selling tobacco in a child care centre or a place where home child care is provided could be subject to a maximum fine, ranging from $5,000 to $75,000, depending on the corporation’s number of prior convictions.
The proprietor responsible for a child care centre, home child care or early years program who fails to fulfill their responsibility under the law may be charged with an offence and if convicted, could face a maximum fine.