About the Smoke-Free By-law in the City of Thunder Bay

In 2004, the City of Thunder Bay passed a bylaw to restrict smoking in public places and workplaces. This bylaw is still in effect today, though most of the restrictions are superceded by the Smoke-Free Ontario Act, a piece of Provincial legislation that covers all workplaces and public places in Ontario.

There are two areas in which the City bylaw extends beyond the Smoke-Free Ontario Act – establishing a set distance from an entranceway where smoking is not permitted and prohibiting smoking on any outdoor patio area. Below is a list of some commonly asked questions concerning Thunder Bay's By-law to Prohibit Smoking in Public Places and in Workplaces.

Q. Who will enforce the City of Thunder Bay By-law?

A. City of Thunder Bay Enforcement Officers will enforce these By-laws in response to complaints from the general public. The City of Thunder Bay Police Services may also enforce the By-law. Both the Police and Enforcement Officers can lay Provincial Offences charges under this By-law.

Q. Is smoking permitted on outdoor patios or in smoking shelters at restaurants, bars and workplaces?

A. Smoking is not allowed in any outdoor patio area. Even if a patio area is designated for smoking, should any requirement exist to have an employee attend this site, for example for cleaning up or serving during business hours, smoking would not be allowed.

Q. How can business owners and their staff support the enforcement of the By-law?

A. Business owners and their staff have a role in supporting By-law. They are required to:

Ensure that no-one smokes within 3 metres (9 feet) of any entranceway;
Remove all ashtrays;
Request that patrons and employees not smoke inside the building;
Ensure that patrons and employees do not smoke on an outdoor patio area;
Work Places should have a written "no-smoking policy" prepared, distributed and posted. They should follow their own predetermined disciplinary action in case of noncompliant employees.

Q. What fines will there be for patrons or businesses that do not comply?

A. The fine for patrons, employees, and employers for a first offence ranges from $150.00 for individuals to $250.00 for proprietors and companies. However, once a conviction has been registered, repeat offender will be subject to be fined up to $5,000.

Q. How can a person make a complaint?

A. Firstly, if you are a customer, approach the owner or manager of the facility and inform them of the violation. They are required by law to respond and ensure compliance within their place of business with the By-law. They can be charged for failing to do so. If compliance is not achieved, attempt to obtain the name of the manager/owner and contact the City of Thunder Bay Licensing & Enforcement Division at:

807-625-3977 or 807-625-3978 (24 hours/day)

Q. Who do I call if I have more questions?

A. Contact the City of Thunder Bay at 625-3977 or 625-3978. Your call will be forwarded to the appropriate staff.

*This material has been provided for informational purposes only. For official requirements, please refer to the legal text of By-law #034-2004.

For further information on the City of Thunder Bay’s Smoke-Free By-law, click here