Smoke-Free Restaurant and Bar Patios

Under Smoke-Free Ontario Act Regulation 48-06, it is illegal to smoke on all bar and restaurant patios, whether covered or not, after January 1, 2015.

A restaurant or bar patio is an area where:

  • The public is permitted access, whether or not a fee is charged for entry or the area is accessed by employees
  • Food or drink is served, sold or offered for consumption or the area is part of or operated in conjunction with an area where food or drink is served or sold or offered

Restaurant and bar owner and operator duties

The Smoke-Free Ontario Act outlines duties of owners, operators or persons in charge of restaurants and bars to ensure restaurant and bar patios are smoke-free. These duties include:

  • Giving notice to staff and patrons that smoking is prohibited on bar and restaurant patios
  • Posting ‘no-smoking’ signs at entrances and exits to patios to ensure staff and patrons are aware that smoking is prohibited
  • Ensuring no ashtrays or similar items are on the smoke-free patios
  • Ensuring that workers and patrons do not smoke on smoke-free patios
  • Ensuring that people who refuse to comply with the prohibition on smoking do not remain on the smoke-free patio

No-smoking signs

Owners of all locations affected by this law must post signs. Request free no-smoking signs for your patio by calling the Tobacco Hotline at 905-540-5566 or emailing tobacco@hamilton.ca. We will then mail signs to you.

Enforcement

Tobacco Enforcement Officers inspect bars and restaurants and investigate complaints about these places. A ticket and fine are given to people or places that do not follow the law.

For questions about the Smoke-Free Ontario Act or Electronic Cigarettes Act, call:
Tobacco Hotline
Phone: 905-540-5566
Email tobacco@hamilton.ca