Where You Can Smoke and Vape in Hamilton

As of 27 October 2026, the City of Hamilton bans smoking and vaping of tobacco, cannabis or any other substance on city parks and recreation property. The rule comes from By-law No. 11-080, which Council amended with By-law No. 19-164 in 2019 to add vaping and cannabis.

What does Hamilton’s parks by-law cover?

The original by-law is titled a by-law to prohibit smoking within City parks and recreation properties. Amending By-law 19-164 widened it. Under section 2 as amended, no person may:

• smoke or vape tobacco, cannabis or any other substance on recreation property
• stay on the property after authorized staff tell them to leave for smoking or vaping
• enter or use the property after staff have prohibited their entry for that reason

The city’s release on the change says the rules reach all city parks, recreation centre and arena property, including dog parks, sports fields, outdoor pools, beaches and some trails. The amendment came into force on 1 July 2019.

“Smoke” in the by-law includes holding a lit water-pipe, so hookah is covered. “Vape” means inhaling or exhaling vapour from a vaporizer, or holding one that is switched on, whether or not it contains nicotine or cannabis.

Do signs or permits change anything?

No on both counts. The by-law applies whether or not a No Smoking or No Vaping sign is posted. It also applies when the city grants a permit, or signs an agreement, giving a person or group exclusive use of all or part of a park.

How does it work with Ontario law?

If the city by-law and the Smoke-Free Ontario Act, 2017 (or its regulations) conflict, the more restrictive rule prevails, subject to section 19 of the Act. Provincial rules on patios, school grounds and enclosed workplaces still apply in Hamilton. See the Ontario summary and outdoor smoking bans.

How is it enforced, and what are the fines?

When the change took effect the city said it would use a progressive enforcement model: public awareness and education first, with charges possible for people found smoking or vaping on city park or recreation property afterwards. The amending by-law does not state a fine amount. Hamilton’s Public Health page says tobacco enforcement officers inspect outdoor areas, public places and workplaces, that a ticket and fine are given to people or places that do not obey the law, and that fines start at $250. Check with the city for the amount that applies to a specific charge. For how fines work across the country, see fines for smoking in prohibited places.

How do I report smoking or vaping in Hamilton?

Call the city’s Tobacco Hotline at 905-540-5566. Public Health asks callers to give:

1. Your name and phone number or email for follow-up
2. The date and time of the incident
3. A description of what occurred
4. The location where you saw people smoking or vaping

Other cities are listed on the bylaw hub.