To protect children from the harmful health effects caused by exposure to second-hand tobacco smoke and vapour in motor vehicles, it is against the law to smoke tobacco or vape in a motor vehicle if there is someone less than 16 years old in the vehicle.

Any person – driver or passenger – in a motor vehicle, who is smoking tobacco or vaping while someone else under the age of 16 is present, is committing an offence. This law applies to both moving and stationary vehicles, and applies to motor vehicles, regardless of whether any window, sunroof, rooftop, door, or other feature of the vehicle is open.

It is also against the law to consume cannabis in any manner (smoking, vaping, eating) in a motor vehicle, motorized snow vehicle or boat that is being driven or is at risk of being put in motion.

This prohibition does not apply to a medical cannabis user who is a passenger in the vehicle or boat and who is consuming medical cannabis in a non-smoking and non-vaping form (e.g., eating).

This prohibition also does not apply to the following residential boats and motor vehicles:

  • A boat with permanent sleeping accommodations and permanent cooking and sanitary facilities (other than a boat used to carry passengers for hire), while the boat is at anchor or secured to a dock or land and is being used as a residence.
  • A motor vehicle equipped with permanent sleeping accommodations and permanent cooking facilities, while it is parked in a place that is not a highway, road or driveway, and is being used as a residence.

Anyone convicted of smoking tobacco or vaping in a motor vehicle while a person under 16 years of age is present can face a maximum fine of $250.

Anyone convicted of consuming cannabis in a motor vehicle, motorized snow vehicle or boat can face a maximum fine of $1,000 (for a first offence) and $5,000 (for any further offences).

Print the Smoking & Vaping in Vehicles & Boats Fact Sheet.