Tobacco, Vaping, Cannabis and Waterpipe Laws
Niagara's Waterpipe By-law
Starting on Jan. 1, 2023, waterpipe smoking (tobacco and herbal) will not be allowed in various public places in Niagara. By-law 2022-35 was approved following public consultation and approval from regional and municipal councils.
Locations where the by-law will prohibit waterpipe smoking
- Enclosed public spaces and workplaces
- Outdoor public patios
- Within nine metres of a publicly accessible entrance or exit
- Outdoor public areas such as parks, playgrounds, and beaches
Tobacco control officers will use a progressive enforcement model to educate residents and business owners before progressing to warnings and charges.
Niagara's Smoke and Vape-Free Outdoor Spaces By-law
Niagara Region 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 Niagara.
Locations where the by-law prohibits smoke tobacco, cannabis and use of an electronic cigarette (vape)
- Recreation trails
- Within nine metres of an entrance or exit of a publically accessible place, building or workplace
- 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.
Smoke-Free Ontario Act
Public places where it's prohibited to smoke tobacco, cannabis and use an electronic cigarette (vape)
Under the Smoke-Free Ontario Act 2017:
- All enclosed public places and workplaces in Ontario including bars and restaurants, places of work and workplace vehicles
- Restaurant and bar patios, and within nine 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 20 metres of these grounds
- Children's playgrounds and public areas within 20 metres of playgrounds
- Child care centres, in places where home child care is provided, or where an early years program is provided
- Nine 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 20 metres of these areas
- Reserved seating areas at outdoor sports and entertainment locations
- Grounds of community recreational facilities, and public areas within 20 metres 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)
Rules for selling vaping products
- 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.
- Specialty vape stores are no longer permitted to have indoor displays and promotions that are visible from outside their stores
- The sale of vapour products with high nicotine concentrations (greater than 20 milligrams per millilitre) is prohibited in all retail establishments
Additional highlights to the Smoke-Free Ontario Act
- 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, 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.
For more information or to report a complaint, contact the tobacco hotline at 905-688-8248 or 1-888-505-6074 ext. 7393