Health Topics

Smoke and Vape-Free Outdoor Spaces

Smoking (tobacco) is illegal in or on a range of outdoor areas in Hamilton, including:

In addition, smoking (tobacco or cannabis) and using an electronic cigarette (containing any substance) is illegal in or on the following outdoor areas:

  • bar and restaurant patios, whether they are covered or not, and within 9 metres of these patios
  • hospital and psychiatric facility grounds
  • school grounds and within 20 metres of school grounds
  • reserved seating area at sports stadiums
  • children’s playgrounds and play areas and within 20 metres of these areas; exclusions include those in residential areas such as your back yard
  • publicly-owned (provincial, city, post-secondary institutions) outdoor sporting areas, spectator areas, and public areas within 20 metres of the edge of sporting areas or spectator areas
  • community recreational facilities and within 20 metres of the grounds (if they are owned/operated by the Province, city, not-for-profit corporation or registered charity)


Tobacco enforcement officers inspect these locations and investigate complaints.  A ticket and fine are given to people or places that do not follow the law.

Report smoking in outdoor areas

If you have questions or you want to report smoking or vaping in outdoor areas

To help investigate complaints, provide:

  • Your name and phone number or email for follow-up
  • Date and time you saw smoking or vaping in outdoor areas
  • Description of person or people smoking or vaping
  • The location where you saw people smoking or vaping