Second-hand smoke, smoke-free spaces and the law

The SFOA, 2017 is a provincial law that regulates where smoking and vaping can take place (including cannabis), regulates the sale of tobacco and vaping products, and addresses the use of tobacco and vaping products in Ontario.

• The SFOA prohibits smoking and vaping in any public and private school, including all indoor space, outdoor grounds and public areas within 20 metres of the school’s grounds.
• The SFOA applies 24 hours a day, seven days a week.

• The SFOA prohibits anyone from smoking (or holding any lighted tobacco product) and vaping (or holding an activated e-cigarette) on school property. Tobacco products include cigarettes, cigars, cigarillos, blunt wraps, pipes and roll your own cigarettes made of loose cut tobacco.
• The SFOA prohibits selling or supplying any tobacco and/or vaping product to someone under the age of 19 years old.

• School property includes the school building itself, any additional buildings related to the operation of the school, the property upon which the school building and additional buildings are located, play fields, parking lots and any other such facilities associated with the use of the property as a school.
• School property does not include adjoining private properties, or the municipal right of way associated with any nearby streets.

• Once any vehicle drives onto school property smoking or vaping are prohibited inside the vehicle.
• Additionally, SFOA prohibits smoking and vaping in a motor vehicle if there is someone less than 16 years old in the vehicle. It applies to both moving and stationary vehicles, and applies to motor vehicles, regardless of whether any window, sunroof, door or other feature of the vehicle is open.

• The SFOA doesn’t prohibit the possession of any tobacco and vapour products by someone under the age of 19 years old. However, to sell or supply a tobacco or vapour product to someone under the age of 19 years old is an offense and the person selling and/or supplying the tobacco or vaping product can be charged under the Smoke-Free Ontario Act, 2017.
• Someone giving a tobacco or a vapour product to someone else without any exchange of money would be considered supplying (e.g., a student sharing or giving another student a cigarette).

• Anyone smoking or holding lit tobacco or inhaling/exhaling vapour from an electronic cigarette or holding an activated e-cigarette on school property at any time can be charged, including a student, a teacher or school board employee, a contractor, a visitor, a parent or a guardian.
• Anyone smoking or vaping inside a vehicle situated on school property.

• Ensure that SFOA signs are posted on all exits and entrances providing access or potential access to the school building or additional buildings.
• Ensure that SFOA signs are posted in or on all washrooms in the school.
• Advise all students, staff, parents and visitors that smoking and vaping are not permitted on school property twenty-four hours a day, seven days a week.
• Ensure that a person who does not comply with the “no smoking/no vaping” regulations does not remain on school grounds.

A school administrator, as well as any employer or operator of the school in question could be charged for not following the noted obligations.

• No. The SFOA does not permit a school to set up a smoking/vaping area on school property.
• If a smoking area is set up on school property, school administrators may be charged under the SFOA, in addition to any persons found smoking/vaping in the area.

• If you encounter a non-student smoking or vaping on school property, advise the person that smoking and vaping are not allowed on school property and give them the option of either putting out the tobacco or the vaping product, or leaving school property.
• Should the person refuse to either put out the tobacco or the vaping product or leave school property, have the witness to the violation fill out a School Incident Report form with as much information as possible and an assigned Tobacco Enforcement Officer will follow up action.

• Smoking or vaping on school property: $305.
• Selling any tobacco or vaping product to someone under the age of 19 years old : $490.
• Supplying any tobacco or vaping product to someone under the age of 19 years old : $490.
• Smoking or vaping inside a vehicle situated on school property : $305.
• Court costs and victim surcharges are included to the charges above.

• While the tobacco enforcement officers (TEOs) are responsible for ensuring compliance of the SFOA, a school administrator may wish to try and address this issue initially within the confines of the school.
  • Please note that unless the violation is reported as per the School Incident Report form, data for the number of violations at your school cannot be captured. This will result in a discrepancy between the number of “actual violations” and “reported violations”.
  • If you are hoping to address the issue internally, but still wish to ensure the data is captured, you can complete the School Incident Report form and choose the option “Data reporting only; no enforcement action required” located in the first section of the eform. Through this approach the data will be captured, and the incident report will be documented.
• The school administration can develop an internal progressive discipline policy and work with the student within that discipline policy. 
  • If you choose to refer future violation to the Tobacco Enforcement Officers, it is recommended that you provide all related documents (e.g., internal actions) to the Officer pertaining to all previous incidents with the respective student at your school.  This information will be helpful to determine next steps and build off the actions the school has already attempted.
• If a school administration is of the view that the violation would be better addressed by a tobacco enforcement officer,
  • Report the incident by completing the School Incident Report form and the assigned Tobacco Enforcement Officer will follow-up as soon as conveniently possible, in which point the school administrator and the TEO can assess the next steps.

• As per the Ontario Ministry of Education, an internal progressive discipline policy is a whole-school approach that utilizes a continuum of prevention programs, interventions, supports, and consequences to address inappropriate student behavior and to build upon strategies that promote and foster healthy relationships, making good choices, continuing their learning, and achieving success.
• Many school boards have their own internal progressive discipline policy. Please consult your respective school board internal policies for further information.
• If you require support in the review or the creation of an internal progressive discipline policy, please reach out to tobacco@ottawa.ca.

Once the form is submitted, the Tobacco Enforcement Officers receive a truncated version of the form which will not be shareable with the original sender. We therefore cannot provide a copy of the submitted form back to the school. If the school staff submitting the form wishes to retain a copy of the information submitted for their own files, they would be responsible to print the computer screen content prior to submitting the form.

• As per the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA), the City of Ottawa (including Ottawa Public Health and By-law and Regulatory Services) must protect the personal privacy and follow rules and guidelines in collecting, using and disclosing, to others, personal information. If there are charges laid, the information provided in the School Incident Report form is part of the court proceedings for that one person observed and charged, and any other party’s information cannot be on the same form, as there would be a risk of a possible violation of MFIPPA.
• Even if the smoking/vaping incident involved multiple students, the school administrators will need to complete and to submit a School Incident Report form for each of the person observed.

To report a smoking and/or a vaping violation, please select from the following list of locations or situations:

Smoking/vaping at a city facility/property
Smoking/vaping in a common area
Smoking/vaping at a hospital or long term care facility
Smoking/vaping at restaurant, bar, patio
Smoking and/or vaping at school
Smoking shisha/hookah
Smoking/vaping in the workplace violation

Please note that By-law and Regulatory Services will do their best to have a By-law Enforcement Officer and/or a Tobacco Enforcement Officer attend your location, although it may not be possible for one to arrive in time. Ottawa Public Health and BLRS are, however, tracking all reported violations of the smoke-free regulations. By-law Enforcement Officers and Tobacco Enforcement Officers can conduct focused enforcement efforts based on data collected from public complaints and from staff reports as well.

For more information

Please refer to the City of Ottawa’s Smoking and Vaping (By-law No. 2019-241) and the government of Ontario’s “Where you can’t smoke or vape in Ontario” site for more information.

The sale of tobacco and vapour products, including in-store placement and advertising, is regulated by the Smoke-Free Ontario Act.

Report tobacco and vapour product retail sales to minors​

Please note that By-law and Regulatory Services will do their best to have a By-law Enforcement Officer and/or a Tobacco Enforcement Officer attend your location, although it may not be possible for one to arrive in time. Ottawa Public Health and BLRS are, however, tracking all reported violations of the smoke-free regulations By-law Enforcement Officers and Tobacco Enforcement Officers can conduct focused enforcement efforts based on data collected from public complaints and from staff reports as well.

For more information

Please refer to Ottawa Public Health’s Tobacco, vaping and hookah page for more information.

The sale of tobacco products, including in-store placement and advertising, is regulated by the Smoke-Free Ontario Act.

Report tobacco and/or vapour product retail signage violation

Please note that By-law and Regulatory Services will do their best to have a By-law Enforcement Officer and/or a Tobacco Enforcement Officer attend your location, although it may not be possible for one to arrive in time. Ottawa Public Health and BLRS are, however, tracking all reported violations of the smoke-free regulations and the information provided will help them to determine problem areas within the City. With this information, By-law Enforcement Officers and Tobacco Enforcement Officers can conduct focused enforcement efforts based on data collected from public complaints and from staff reports as well.

For more information

Please refer to Ottawa Public Health’s Tobacco, vaping and hookah page for more information.