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Niagara's Smoke and Vape-Free Outdoor Spaces By-law (New)

Niagara Region recently updated the Smoke and Vape-Free Outdoor Spaces By-law to protect children and vulnerable persons from exposure to second-hand smoke and vapour. The updated by-law prohibits the use of tobacco, cannabis and vaping products from being smoked or vaped in public spaces in the Niagara region.

Below is a list of public places where the by-law is applied:

  • Beaches (new)
  • Recreation trails (new)
  • Within nine metres of an entrance or exit of a publically accessible place, building or workplace (new)
  • Parks, playgrounds and sports fields
  • Splash pads and outdoor pools
  • Arenas and recreation centres
  • Outdoor areas of municipal and regional buildings
  • Bus shelters

Smoking tobacco, cannabis and using an electronic cigarette (vaping) is prohibited on beaches and recreational trails that are maintained through the municipalities.

For more information, or to report a complaint, contact the Tobacco Hotline at 905-688-8248 or 1-888-505-6074 ext. 7393.


Smoke-Free Ontario Act

As of July 1, 2020, there are new changes to the sale of vapour products according to the regulations of the Smoke-Free Ontario Act including:

  • The sale of flavoured vapour products is restricted to specialty vape stores and licensed cannabis retail stores. Other retail stores can only sell tobacco, menthol and mint flavoured vapour products.
  • The sale of vapour products with high nicotine concentrations (greater than 20 mg/ml) is restricted to specialty vape stores
  • Specialty vape stores are no longer permitted to have indoor displays and promotions that are visible from outside their stores

As of Oct. 17, 2018, it's prohibited to smoke tobacco and cannabis or use an electronic cigarette (vape) in public places according to the regulations of the Smoke-Free Ontario Act 2017.

Public places where it's prohibited to smoke tobacco, cannabis and use an electronic cigarette (vape) under Smoke-Free Ontario Act 2017 include:

  • All enclosed public places and workplaces in Ontario including bars and restaurants, places of work and workplace vehicles
  • Restaurant and bar patios, and within 9 metres of these patios
  • Indoor common areas in condos, apartment buildings and university/college residences
  • Non-designated guest rooms in hotels, motels and inns
  • Schools, on school grounds, and all public areas within 20m of these grounds
  • Children's playgrounds and public areas within 20m of playgrounds
  • Child care centres, in places where home child care is provided, or where an early years program is provided
  • 9 metres from the entrance or exit of hospitals (public/private), psychiatric facilities, long-term care homes, independent health facilities
  • Outdoor grounds of hospitals (public/private) and psychiatric facilities
  • Publicly-owned sports fields, nearby spectator areas and public areas within 20m of these areas
  • Reserved seating areas at outdoor sports and entertainment locations
  • Grounds of community recreational facilities, and public areas within 20m of those grounds
  • Sheltered outdoor areas with a roof and more than two walls which the public or employees frequent, or are invited to (such as a bus shelter)
Additional highlights to the Smoke-Free Ontario Act include:
  • No smoking or using an electronic cigarette when a person under 16 is also in the motor vehicle
  • All components of electronic cigarettes are prohibited to be sold to those under 19 years of age (now including e-juice)

Smoking tobacco, cannabis and using an electronic cigarette (vaping) is allowed on sidewalks, parking lots, roads and rights-of-ways.

The Province of Ontario has more information on where you can't smoke or vape.

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