Smoking in a Car With Children in Canada

Why the law targets cars

A car is a small box. Health Canada says smoke concentrations in a vehicle can be much higher than in other enclosed spaces, and that 26% of youth were exposed to second-hand smoke in a vehicle in 2016-2017. Children cannot easily get out, ask the driver to stop or open a door. That is the reasoning behind laws that protect passengers rather than ban smoking in private cars outright. Health Canada also notes that every province and territory now prohibits smoking in vehicles that carry minors. The health side is covered in the health effects of secondhand smoke.

Age limit by jurisdiction

The cut-off is where provinces differ. A 17-year-old passenger protects you in Ontario but not in Alberta.

Jurisdiction	Banned when a passenger is	Fine we could confirm
Ontario	aged 15 or younger	$1,000 first conviction, $5,000 for further convictions
British Columbia	under 16	not listed on the page we read
Saskatchewan	under 16	$220
Manitoba	under 16	not listed; enforced by warnings and charges
Newfoundland and Labrador	under 16	not listed
Alberta	under 18	not confirmed
Northwest Territories	under 19	$500 first, up to $1,000 for repeat
Nunavut	under 19	not listed
Nova Scotia	under 19	$394.50 in the 2008 announcement; check the current amount

We did not reach an official page for Quebec, New Brunswick, Prince Edward Island or Yukon, so we state no age limit for them. Health Canada’s statement that all provinces and territories have such a rule still applies. For the full picture see smoking and vaping laws by province.

Details worth knowing

• Ontario covers smoking tobacco and vaping, and the 15-and-under limit applies to anyone inside the car.
• British Columbia treats it as a Motor Vehicle Act violation, not a health-act offence. Work vehicles in B.C. are smoke-free and vape-free even if you are alone.
• Saskatchewan says the ban applies to all vehicle classes when children or youth are present, and that the RCMP and municipal police enforce it.
• Northwest Territories also names the RCMP as the enforcer.
• Nunavut includes cannabis alongside tobacco and vapes.
• Nova Scotia was early, banning smoking with anyone under 19 in a vehicle from 1 April 2008.

A fine is not the only consequence. In Ontario the amounts apply on conviction, so a ticket can still be contested in court. See fines for smoking in prohibited places for how amounts compare.

What actually reduces exposure

Cracking a window does not fix it. Health Canada states that cleaning or filtering air and ventilation do not eliminate exposure, and that the only solution is to eliminate smoking in enclosed spaces such as vehicles and homes. If you are trying to quit, free help exists in every province and territory; free quit-smoking help by province lists the lines.

If you are a driver whose passengers include teenagers, remember the ages above. A 16-year-old is protected in Alberta, the Northwest Territories, Nunavut and Nova Scotia, but not by the Ontario, B.C., Saskatchewan or Manitoba rules.