Under the Smoke-Free Ontario Act, 2017 (SFOA, 2017), government buildings owned by the Province, like other buildings, are considered to be enclosed workplaces and enclosed public places, and smoking or vaping is not allowed in these buildings.
Smoking and vaping on the outdoor grounds of certain government office buildings is also not allowed. There is a list in Schedule 3 of the regulation under the SFOA, 2017 that lists which properties must be smoke-free and vape-free. For more information on which properties are affected, please see the regulation. The sale of tobacco and vapour products is also prohibited in the government properties listed in Schedule 3 of the regulation.
The SFOA, 2017 requires that proprietors and employers in government buildings make sure that the smoking and vaping laws are complied with. A proprietor includes the owner, operator or person in charge.
Every proprietor and employer in a government building must:
Anyone found to be smoking or vaping in the smoke-free and vape-free area of a government property (inside or outside) may be charged, and if convicted, could face a maximum fine of $1,000 (for a first offence) or $5,000 (for any further offence).
An employer or proprietor of a government property that does not meet their responsibility under the law may be charged with an offence, and if convicted, could face a maximum fine:
Anyone found guilty of selling tobacco or vapour products in a listed government building could face a maximum fine ranging from $2,000 to $50,000, depending on the person’s number of previous convictions.
Any corporation convicted of selling tobacco or vapour products in a listed government building could face a maximum fine ranging from $5,000 to $75,000, depending on the corporation’s number of previous convictions.