Smoking is prohibited in a day nursery licensed under the Day Nurseries Act. In addition, where private home day care is provided under the Day Nurseries Act, the entire premises must be smoke-free at all times whether children are present or not.
Private home day care is provided under the DNA in a private home under a licence issued by the Ministry of Children and Youth Services to a private-home day care agency. A private home day care provides temporary care for reward or compensation for five children or fewer who are under ten years of age in a private residence other than the home of the parent/guardian of the child. Homes are supervised and monitored by the agency.
For further information, the Ministry of Children and Youth Services website address is www.children.gov.on.ca.
Local public health units will carry out inspections and investigate complaints in day nurseries and places where licensed private home day care is provided in order to enforce the Act.
There is no maximum corporate fine listed in the SFOA for contravention of this section of the Act, meaning the fine amount would be left up to a justice of the peace, in accordance with general statutory requirements. An individual could be subject to a maximum fine of $5,000.
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.