Tobacco Legislation Tobacco legislation restricts smoking in certain areas and governs the promotion and sale of tobacco products. Tobacco legislation exists at the municipal, federal and provincial levels in Canada. In some cases Canadian municipalities, corporations and community organizations have adopted additional smoke-free policies. A summary of tobacco legislation that affects residents, workers and businesses in Waterloo Region is provided below. Complete details are available by visiting the links included. You can learn more about provincial and federal legislation by visiting The Canadian Council for Tobacco Control. Tobacco Legislation in the Regional Municipality of Waterloo The Region of Waterloo Smoking By-Law (No. 96-055) The Region of Waterloo Smoking By-Law came into effect on November 1, 1996 to regulate smoking in public places in the Regional Municipality of Waterloo. Full implementation of further amendments to the by-law came into effect on January 1, 2000. The Region of Waterloo by-law was the first in Ontario to prohibit smoking in restaurants and bars. Smoking in public places in Waterloo Region has been regulated under the authority of the Smoke-Free Ontario Act since its enactment on May 31, 2006, except where the Region’s Smoking By-Law is more restrictive of smoking than the Act. In communities where existing legislation goes beyond the Smoke-Free Ontario Act, the existing legislation is enforced. In Waterloo Region, smoking is prohibited in outdoor bleacher areas to which the general public has access or is invited under the Smoking By-Law since the Smoke-Free Ontario Act prohibits smoking only in reserved seating of outdoor bleachers. Tobacco Legislation in Ontario The Smoke-Free Ontario Act The Smoke-Free Ontario Act was enacted on May 31, 2006 by the Province of Ontario. For the most part, the Smoke-Free Ontario Act is enforced by Public Health Departments in Ontario. The police enforce the regulation which bans smoking in vehicles if another person who is less than 16 years old is inside the vehicle. The Act: Prohibits smoking in enclosed workplaces and enclosed public places Bans the sale and supply of tobacco products (including smokeless tobacco) to children and youth under the age of 19 Restricts the way tobacco products are displayed and promoted in stores and, as of May 31, 2008, includes a complete ban on the display of tobacco products by retailers As of January 21, 2009 Prohibits smoking or having lighted tobacco in a vehicle if another person less than 16 years old is inside the vehicle Prohibits smoking in enclosed workplaces and enclosed public places As of May 31, 2006, smoking is not allowed in enclosed public places and enclosed workplaces, including workplace vehicles, across Ontario. Smoking is not permitted in the following places: Offices and factories Restaurants Bars Hospitals Residential care facilities Schools (including school grounds) Licensed day nurseries and private home day cares Work vehicles Public transportation, including bus shelters Taxicabs and limousines Shopping malls Arenas Casinos and bingo halls Private clubs and legion halls Bowling alleys Barbershops and hair salons Laundromats Common areas within multi-unit residences (e.g., condominium or apartment buildings) Enclosed parking garages Smoking is banned on outdoor patios where: A roof, temporary or permanent, covers any part of the patio and food and/or beverage are served, sold or offered. Awnings, tarp or canvas are considered roofs. The patio is not part of a place or area that is primarily a private dwelling. “Smoking shelters” are permitted to shield employees or visitors from the weather, provided: The shelter has no more than two walls and a roof The shelter is not located in a place or area that is part of or operated in conjunction with a food and/or beverage operation Required signs: Prescribed “No Smoking” signs must be posted at all entrances, exits and washrooms at work places, public places or stores so people know that smoking is not allowed. They must also be posted on restaurant or bar outdoor patios that are partly or fully covered by a roof or awning, whether temporary or permanent. Bans the sale and supply of tobacco products (including smokeless tobacco) to children and youth under the age of 19 Prescribed “Age restriction/health warning” and “Government I.D.” signs must be clearly and visibly posted in stores where tobacco is sold. Cashiers or store clerks must ask for personal identification (I.D.) from anyone buying a tobacco product who appears to be under the age of 25. The following types of I.D. are accepted in stores where tobacco is sold: An Ontario Driver’s License A Canadian passport A Canadian citizenship card A Canadian Armed Forces identification card A photo card issued by the Liquor Control Board of Ontario Government issued photo I.D. that gives the birth date of the person Restricts the way tobacco products are displayed and promoted in stores and, as of May 31, 2008, includes a complete ban on the display of tobacco products by retailers. Countertop displays of tobacco products are not allowed in stores. The following, tobacco promotions, product or brand enhancements are not permitted: Decorative panels or backdrops associated with product brands Backlit or illuminated panels Promotional lighting Three-dimensional exhibits As of May 31, 2008, retailers are not permitted to display tobacco products. Learn more about tobacco regulations in Ontario as they apply to enclosed workplaces, enclosed public places, manufacturers and retailers by accessing detailed fact sheets at the following links: Aboriginal Peoples’ Use of Tobacco Bars and Restaurants Child Care Services Employers and Employees Enclosed Public Places Home Health Care Workers Hospitals Hotels, Motels & Inns Manufacturers and Duty-Free Retailers Multi-Unit Residences Residential Care Facilities Retailers Schools (including school grounds) Tobacconists Prohibits smoking or having lighted tobacco in a vehicle if another person who is less than 16 years old is inside the vehicle. As of January 21, 2009 smoking is not allowed by any person in a vehicle when children under the age of 16 are inside the vehicle. The law will apply to both moving and stationary vehicles and regardless of whether any window, sunroof, rooftop, door or other part/feature of the vehicle is open. For more information about the ban on smoking in vehicles when young children are present, visit the Ontario Campaign for a Smoke-Free Ride at: www. smokefreeride.ca Tobacco Legislation in Canada Tobacco legislation in Canada aims to protect Canadians from the harmful effects of tobacco industry products and practices. Legislation in Canada regulates: The sale of tobacco Where smoking is permitted Tobacco product promotion and advertising by the tobacco industry and retailers At the federal level, tobacco is regulated under the authority of two acts: the Non-Smokers’ Health Act and the Tobacco Act. The Non-Smokers’ Health Act The Non-Smokers Health Act is administered by the Department of Human Resources and Social Development. Smoking restrictions or bans on federal lands and corporations such as correctional services, transportation, communication and banking are regulated under the authority of the Non-Smokers Health Act. The act is related to part II of the Canada Labour Code. The Tobacco Act The Tobacco Act is administered by Health Canada. The manufacture, sale, labelling and promotion of tobacco products are regulated under the authority of The Tobacco Act. An Act to amend the Tobacco Act was passed on October 8, 2009. The legislation, known as the “Cracking Down on Tobacco Marketing Aimed at Youth Act" will: Ban the use of flavours and additives in cigarettes, cigarillos and blunt wraps. Blunt wraps are cigar rolling papers. Ban all tobacco advertising and promotion in newspapers and magazines. This amendment cancels the exception that allowed tobacco advertising in publications with an adult readership of not less than 85 per cent. Mandate that cigarillos and blunt wraps be sold in packages of no less than 20. The advertising ban is effective October 8, 2009. On July 5, 2010, all flavoured cigarettes, cigarillos and blunt wraps will be banned at retail. For more information about protection from second-hand smoke in Canada, visit Physicians for a Smoke-Free Canada. For information about tobacco legislation or developing smoke-free policies in communities and at workplaces in Waterloo Region, call the Tobacco Information Line at 519-883-2279.