There has been a lot of confusion recently regarding “vaping” or “E-cigarette” use in the workplace. The Ontario Government will combine all of the “smoking issues” in one Act, known as “Bill 174”, which was granted “Royal Assent” in December 2017 (meaning it is officially a law) and is anticipated to come into effect along side the Cannabis legislation in October. For further information on that you can read the Explanatory Note provided by the Ontario Legislative Assembly.
But all of the back-and-forth with the legislation means that there is still confusion about where and when “vaping” can occur. It is important to remember that for now, until “Bill 174” comes into effect, the current Electronic Cigarettes Act 2015 (ECA) is still in place.
The ECA uses virtually the same language as the Smoke Free Ontario Act and makes it illegal for anyone to use tobacco or vape or e-cigarette devices in any public place where the smoking of tobacco products would not be permitted, such as restaurants, offices, and retail establishments. It also includes “open areas” such as parks or outdoor sporting and entertainment events. Sales of e-cigarettes and related products are also restricted to persons over 19 years of age and are subject to display restrictions similar to tobacco.
Call us for help on developing a policy and program to deal with smoking in your workplace before it’s too late!