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Smoke-Free Ontario Act

The Smoke-Free Ontario Act takes effect on May 31st, and affects all hospitality establishments, even if your foodservice or accommodation establishment is currently smoke-free.

It is important to note that May 31st (not June 1st) is the first day that smoking is prohibited in all enclosed public places and work spaces.

Local public health units will carry out inspections and investigate complaints to enforce the Act.

All establishments

Effective May 31, 2006, smoking is prohibited in all enclosed public places and workspaces, including in private clubs, designated smoking rooms, fleet vehicles, and enclosed parking garages.

Every employer must:

Ensure that employees are aware that smoking is prohibited in enclosed workplaces.

Post No Smoking signs at all entrances and exits, in washrooms and other appropriate locations.

Remove ashtrays.

Ensure that employees do not smoke in the workplace.

Restaurants and Bars

Smoking is prohibited in any enclosed place, including restaurants and bars in which food or drink are served, sold or offered for consumption. Owners/operators are responsible for ensuring that members of the public and employees do not smoke in their establishments.

Outdoor Bar and Restaurant Patios

Smoking is prohibited if the patio has a roof. A roof includes an awning, tarp, canvas sheeting or other permanent or temporary covering. A stand-alone umbrella covering a single table would not be considered a roof.

Proprietors or persons in charge must:

• Ensure that patrons are aware that smoking is prohibited.

• Post No Smoking signs at all entrances and exits and other appropriate locations.

• Remove ashtrays.

• Ensure that members of the public and employees do not smoke in their establishments.

Hotels, Motels, Inns

Smoking is prohibited everywhere in hotels, motels and inns—except in guest rooms designated as smoking rooms.

Exemption—Smoking Guest Rooms

• Guests may smoke in their room only if management has designated the room as a smoking guest room.

•A smoking guest room must meet all the requirements of the act, including having construction that separates it physically from adjacent no-smoking areas.

• Only registered guests and their invited guests can smoke in designated guest rooms.

Responsibilities of Owners and Managers

• Ensure that employees and guests are aware that smoking is prohibited.

• Post No Smoking signs at all entrances and exits and in every non-smoking guest room and attached washroom.

• Remove ashtrays.

• Ensure that employees do not smoke in the workplace.

For more information contact your local Public Health Department or call the ORHMA at 1-800-668-8906.

Smoke Free Ontario Act May 2006



• ORHMA speaks out on Smoke-Free Ontario Act, April 21, 2005
Page 1

• ORHMA recommends extension for DSRs, December 15, 2004
Page 1

(Updated May, 2006)

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