The Basics

• The Smoke-Free Ontario Act came into force on May 31, 2006.
• The Act prohibits smoking in enclosed workplaces and enclosed public places in Ontario in order to protect workers and the public from the hazards of second-hand smoke.

Bars and Restaurants

Smoking is prohibited in any enclosed public place and enclosed workplace, including restaurants and bars. Designated Smoking Rooms (DSRs), which were permissible in some instances under local municipal bylaws, are now prohibited.

Outdoor Bar and Restaurant Patios

The operator of a restaurant or bar is permitted to accommodate smoking on an outdoor patio if the patio does not have any kind of a roof (i.e. fully or partially covering the area). A roof includes an awning, tarp, canvas sheeting or other permanent or temporary covering that is capable of excluding rain or impeding airflow, or both. If you operate a bar or restaurant and are not sure if your patio would be within the rules permitting smoking, it is recommended that you contact your local PHU for guidance.

A stand-alone umbrella covering a single table would not be considered a roof. However, if umbrellas are used in such a way so as to serve as a roof, an inspector may view it as such and act accordingly.

The operator of an establishment that is solely a bar and/or restaurant is not permitted to erect a smoking shelter to accommodate staff or clientele that smoke.

Duties of Owners and Employers

Proprietors or persons in charge must:

• Ensure that patrons are aware that smoking is prohibited. 
• Remove ashtrays and any object that serves as one.
• Ensure that members of the public and employees do not smoke in their establishments.
• Ensure that a person who does not comply does not remain in the establishment.
• Post No Smoking signs at all entrances, exits, washrooms, and other appropriate locations in order to ensure that everyone knows that smoking is prohibited. For information on acquiring the required signage, please contact your local public health unit.

Enforcement

Local public health units will carry out inspections and investigate complaints relating to bars and restaurants in order to enforce the act. Public Health Unit inspectors are permitted to enter premises to ensure compliance with the act or to enforce the act.

Penalties

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:

• INFOline 1-866-396-1760
• TTY 1-800-387-5559

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 Promotion website.

May 2007

How the Act Affects: Bars and Restaurants
2 pages | 42 KB | PDF format
To view PDF format files, you need to have Adobe Acrobat® Reader installed on your computer.

You can download this free software from the Adobe Website.

Version française disponible