Hookah and Shisha Laws in Canada

What federal law says

Waterpipe tobacco is a tobacco product, so the federal Tobacco and Vaping Products Act applies to it. It is an offence to furnish a tobacco product to a person under 18, and provinces and territories can set a higher age. Health Canada also requires waterpipe tobacco packages to carry its rotating health warning messages, for example that the product can be harmful to health and that its toxic chemicals can cause cancer.

What provinces say

Ontario. The Smoke-Free Ontario Act, 2017 prohibits using a waterpipe to smoke tobacco shisha in enclosed workplaces, enclosed public places and designated areas, including bar and restaurant patios. It does not prohibit smoking herbal shisha. This comes from an Ontario ministry fact sheet hosted on the City of Toronto’s site.

Other provinces. We could not confirm from an official page whether the smoke-free laws of British Columbia, Alberta, Quebec, Nova Scotia, Saskatchewan and Manitoba specifically cover waterpipes. Some of their official pages say nothing about hookah, so the answer may depend on how each Act defines smoking.

What cities say

Cities can add their own rules. In Toronto, Municipal Code Chapter 545 (Licensing), through By-law 1331-2015, bars licensees from permitting hookah use on licensed premises, and the city says it prohibits hookah use in licensed establishments. Calgary’s Smoking and Vaping Bylaw 23M2018 regulates smoking and vaping of tobacco and cannabis in public premises, but its text defines smoking by burning tobacco or cannabis and does not mention hookah or waterpipes.

Other cities, including Ottawa, Vancouver, Edmonton, Winnipeg and North Bay, have been reported to regulate hookah, but we have not been able to read their rules on official pages. See the municipal bylaw guide for what is confirmed and what is waiting for a check.

Health

Health Canada’s page on second-hand smoke lists hookah among tobacco products whose smoke harms people who breathe it. The warnings that Health Canada requires on waterpipe tobacco packaging say the product can be harmful to health and that its toxic chemicals can cause cancer.

Before you open or visit a lounge

1. Check your province’s smoke-free law, and whether herbal products are treated differently.
2. Check your city’s licensing bylaw, which can be stricter than the province.
3. Use the rules-by-city database for confirmed local rules.