Enforcement of cannabis legislation

What are the fines for smoking cannabis in a prohibited area?

Anyone in contravention of smoking cannabis in a prohibited area can face a maximum penalty of up to $1,000 on first offence and $5,000 thereafter. Public Health Sudbury & Districts’ enforcement officers conduct regular checks of prohibited property to ensure compliance with the Smoke-Free Ontario Act 2017 (Government of Ontario, Smoke-Free Ontario Act).

Who will be enforcing cannabis legislation?

Cannabis possession, sale, and distribution is enforced by the local police service. Public Health Sudbury & Districts enforcement officers respond to complaints related to individuals smoking and vaping in enclosed workplaces, and public places, as well as on prohibited property to ensure compliance with the Smoke-Free Ontario Act. Anyone found to be using tobacco or cannabis, either through smoking or vape products, in an enclosed workplace or public place or on prohibited properties, could be charged with an offence under the Smoke-Free Ontario Act. Landlords, business owners, and proprietors are responsible for enforcing the rules on their own private property.

Are proprietors responsible for enforcing smoke-free policies in their establishments (bar or restaurant)?

Yes. As per the Smoke-Free Ontario Act 2017 (Government of Ontario, Smoke-Free Ontario Act), and SFOA 2017 Regulation (Government of Ontario, Smoke-Free Ontario Act), it is against the law to vape, smoke, or hold lighted cannabis or tobacco in restaurants or bar patios (including within a 9-meter radius of a bar or restaurant patio). Proprietors are responsible for enforcing these rules on their premises.

Are employers responsible for enforcing smoke-free policies in their workplaces?

Yes. As per the Smoke-Free Ontario Act 2017 (Government of Ontario, Smoke-Free Ontario Act), and SFOA 2017 Regulation (Government of Ontario, Smoke-Free Ontario Act), it is against the law to vape, smoke, or hold lighted cannabis or tobacco in enclosed workplaces and workplace vehicles. Employers are responsible for enforcing these rules on their premises. 

Are business owners, proprietors, and landlords required to post new signs that reflect the new legislation?

The current “No-Smoking” signs that are being utilized for tobacco can continue to be used to include smoking cannabis. “No Vaping” signs will be required for the prohibition of electronic cigarettes.

Where can business owners, proprietors, and landlords get “No-Smoking” and “No Vaping” signs?

Business owners, proprietors, and landlords can contact their local public health unit to acquire “No-Smoking” and “No Vaping” signs once they are available.

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This item was last modified on October 18, 2018