Despite the prohibition from smoking in an enclosed workplace or enclosed public place, an Aboriginal person has the right to use tobacco for traditional Aboriginal cultural or spiritual purposes.
Aboriginal residents of hospitals (public and private), long-term care homes and certain psychiatric facilities have a right to be provided with an indoor area to use tobacco for traditional cultural or spiritual purposes.
The government recognizes there are unique issues with respect to ensuring this legislation is complied with on reserve. The government is committed to engaging First Nations communities to reduce exposure to second-hand smoke on reserve and to address the high rates of commercial tobacco use in these communities through culturally-appropriate tobacco education, cessation, and prevention activities.
Any individual convicted of an offence under this section of the act could be subject to a fine. Any corporation convicted of an offence under this section of the act could also be subject to a fine.
This fact sheet is intended as a quick reference only. For more information, please contact your local public health unit.
You may also obtain information by calling toll-free:
Hours of operation: Monday to Friday, 8:30am - 5:00pm
For more information on the Smoke-Free Ontario Act, please visit the Ontario Ministry of Health and Long-Term Care website: Ontario.ca/smokefree.