Smoking and Vaping at Work: Employer Rules

Who regulates your workplace

Most Canadian workplaces fall under a provincial or territorial law. Federal workplaces and certain federally regulated transport follow the federal Non-smokers’ Health Act instead. This page covers the federal Act and five provinces; for the rest see smoking and vaping laws by province.

The federal rule

Under the Act, an employer “shall ensure that persons refrain from smoking in any work space under the control of the employer.” Since the 2018 amendments, “smoke” includes vaping and holding lit cannabis as well as tobacco. A work space covers enclosed spaces where employees work and nearby common areas such as corridors, washrooms and cafeterias.

The Act’s regulations allow only narrow designated areas, and a 2007 amendment prohibited most designated smoking rooms; the details are on our federal workplace smoking rules page. Before creating a designated area, the employer must consult the workplace health and safety committee or representative, or the employees if there is none. Employers must also make reasonable efforts to tell staff and the public where smoking is not allowed.

Penalties. Employers who break the core duties face a fine of up to $1,000 for a first offence and up to $10,000 after that. Individuals who smoke where it is prohibited face up to $50, then up to $100. Details on the federal law are in federal smoking laws in Canada.

Provincial snapshots

• Ontario. Smoking and vaping are banned in enclosed workplaces, even when the workplace is closed. An enclosed workplace includes any roofed part of a building, structure or vehicle that employees work in or visit, such as construction trailers and delivery trucks. Employers cannot penalize employees who follow the Act.
• British Columbia. Smoking and vaping are not permitted in fully or substantially enclosed public places and workplaces, and work vehicles are smoke-free even with one occupant. A six-metre buffer applies around doorways, air intakes and open windows, and owners and managers must take reasonable steps to prevent smoking in it on their property.
• Manitoba. Smoking and vaping are banned in indoor workplaces. In Winnipeg the ban extends to within 8 metres of outdoor entrances to City of Winnipeg and Winnipeg Regional Health Authority workplaces.
• Saskatchewan. Enclosed public places are covered by the provincial Act, with a 3-metre rule at doors, windows and air intakes. For workplaces not open to the public, the province refers employers to the Ministry of Labour Relations and Workplace Safety and occupational health and safety rules.
• Alberta. No one may smoke or vape in a workplace, a public place or a public vehicle.

We did not verify other provinces and territories for this page.

Do ventilation and smoking areas work?

Health Canada says they do not eliminate exposure. In its words, the only solution is to eliminate smoking in all enclosed spaces. That matters for employers who think a fan or a segregated corner fixes a complaint.

What employers can do

• Post the signs your province requires. Ontario provides downloadable no-smoking and no-vaping signs for business owners.
• Decide in writing where staff may smoke outside, keeping clear of the doorway buffers above and the outdoor smoking bans that apply to patios and entrances.
• Offer quit support. Every province and territory has free counselling; see free quit-smoking help by province.

Employees with concerns can start with a supervisor or joint health and safety committee. In Ontario, retaliation complaints go to the Ontario Labour Relations Board.

This is general information, not legal advice for your workplace.