Smoking Rules in London, Ontario

In London, Ontario, you may not smoke or hold lit tobacco within nine metres of a recreation amenity in a city park, or of an entrance to a building the city owns. That is the core of the Smoking Near Recreation Amenities and Entrances By-law, number A.-6924-85, as shown on london.ca in an unofficial consolidation current to 14 September 2021.

Where does the nine-metre rule apply?

The by-law has two targets: recreation amenities in city parks, and entrances to municipally owned buildings, meaning buildings the city owns. It defines a recreation amenity as an outdoor area used for recreation or sport, including:

• playgrounds
• pools and spray pads
• rinks, sports fields and courts
• picnic areas, gazebos and shelters
• food concessions

Golf courses are excluded. A city park is city-controlled land and water set aside for recreation, which the by-law says includes leash-free dog parks and environmentally significant areas.

Signs do not decide anything: the prohibition applies whether or not one is posted.

What is exempt?

Smoking on a highway is excepted, which means a public street or sidewalk next to a city building is outside the by-law. Traditional Aboriginal cultural or spiritual smoking by an Aboriginal person is also excepted, as is a non-Aboriginal person taking part in that activity with them.

What are the fines and who enforces it?

Section 5 sets a fine of at least $100 and at most $10,000. A court that convicts can also order the person not to repeat the offence. Enforcement officers include people appointed by the Middlesex-London Board of Health or City Council, and London Police Service officers. They can tell a person to stop and leave, and the Trespass to Property Act can apply. Obstructing an officer is itself prohibited.

The by-law was passed on 5 March 2013 and took effect on 1 May 2013. A 2021 amendment, A.-6924(a)-287, was passed on 14 September 2021; london.ca does not describe what it changed.

Does it cover vaping?

The text summarized on london.ca speaks of smoking and lit tobacco, and I found no vaping provision in it. Ontario’s Smoke-Free Ontario Act, 2017 separately bans smoking and vaping on playgrounds, publicly owned sports fields and similar places. See the Ontario summary and Ontario’s provincial rules. For the general doorway distance, read smoking near doorways.

Who do I contact?

For an official copy of the by-law, the City Clerk’s Department is at 519-661-4530 or [email protected]. Questions about enforcement go to Licensing & Municipal Law Enforcement at 519-661-4660 or [email protected]. More cities are on the bylaw hub.