While smoking is prohibited in all enclosed public places and all enclosed workplaces, operators of specifically designated residential care facilities may open and operate a controlled smoking area (CSA) so that residents may smoke.
These specifically designated facilities are long-term care (LTC) homes, as defined by statute, and/or residential care facilities that operate as a retirement home or supportive housing residences that are regulated and funded by the Ministry of Health and Long-Term Care or the Ministry of Community and Social Services. Also included are psychiatric facilities that are designated under the Mental Hospitals Act, and veterans' facilities and psychiatric facilities specifically designated under the SFOA Regulation.
Designated Smoking Rooms (DSRs), which were permissible in some instances under local municipal bylaws, are now prohibited. However, operators of designated LTC homes may choose to construct and operate a controlled smoking area (CSA). There are specific requirements for controlled smoking areas. These requirements can be found in section 18 of the Regulation and its attached Schedule 1 and 2.
Every employer must:
An operator may choose to accommodate residents and employees who smoke by providing a smoking shelter outdoors. An operator who provides an outdoor smoking shelter must ensure that the structure consists of no more than two walls and a roof. The shelter cannot be located within 9 meters of an entrance or exit of the building.
Local public health units will carry out inspections and investigate complaints 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. Click here to find the public health unit in your area.
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For more information on the Smoke-Free Ontario Act, please visit the Ontario Ministry of Health and Long-Term Care website: Ontario.ca/smokefree.