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.
Important Note: Under the Child Care and Early Years Act, 2014, unlicensed home child care is not considered a “child care centre” or “home child care”. As a result, the provisions in the Smoke-Free Ontario Act, 2017 regarding a child care centre and home child care do not apply in unlicensed home child care settings.
Operators of unlicensed home child care settings may wish to consult with legal counsel if they have any questions regarding the application of the SFOA, 2017 or other applicable laws to their specific business operations.
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:
Local public health units will carry out inspections and respond to complaints regarding smoking and vaping in child care centres or places that provide home child care or early years programs.
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.
This information is intended as a quick reference only and should not be considered to be legal advice. For more information, please contact Toronto Public Health.