Child Care Centres & Home Child Care
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:
- give notice to the employees and visitors to the place that smoking and vaping is prohibited
- post “No Smoking” and “No Vaping” signs, or a dual “No Smoking and No Vaping” sign at entrances, exits and washrooms of the place, in appropriate locations and in sufficient numbers, so that everyone knows that smoking and vaping is not permitted
- ensure that no ashtrays or similar items remain in the place
- ensure that no one smokes or vapes in the place
- ensure that someone who refuses to comply with Ontario’s smoking and vaping laws does not remain in the place
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.
Signage Responsibilities
- For individuals:
- $2,000 for a first offence
- $5,000 for a second offence
- $10,000 for a third offence
- $50,000 for four or more offences
- For corporations:
- $5,000 for a first offence
- $10,000 for a second offence
- $25,000 for a third offence
- $75,000 for four or more offences
Other Responsibilities
- For individuals:
- $1,000 for a first offence
- $5,000 for two or more offences
- For corporations:
- $100,000 for a first offence
- $300,000 for two or more offences