Q: I work at a manufacturing plant.  Is there a nine metre rule for my workplace?

A: There is a legislated nine metre smoke-free perimeter outside entrances and exits of specific workplaces which include health care facilities (hospitals, long-term care facilities, nursing homes etc.).  Manufacturing plants are not included in this; however workplaces may choose to implement a nine metre smoke-free perimeter if desired.

Q:  What do I do if someone is smoking in my workplace?

A:  If someone is smoking in your workplace, you can inform your supervisor or employer who has a responsibility to ensure there is no smoking in the workplace.  You can also call the Haldimand-Norfolk Health Unit and register a complaint that will be investigated by a tobacco enforcement officer.  If you would like to report an incidence of non-compliance you can contact us on our confidential line at 519.426.6170 Ext. 3278 or 905.318.6623 (free from 905) or via email at This e-mail address is being protected from spam bots, you need JavaScript enabled to view it .

Q:  Are inspectors allowed to come in and inspect my workplace any time?

A:  Inspectors have the right to enter and inspect workplaces anytime during the course of regular business hours.

Q:  I am a nurse who does home-care visits.  What if the patient is willing to butt out while I am there, but their family or friends won’t?

A:  As a home health care worker, you have the right to have no one in the home smoke while you are delivering health care services.  In case of refusal, there are specific procedures and protocols in the Smoke-Free Ontario Act and Regulations to protect the health care worker.

Q:  Can I smoke in my car if I am using it for business purposes?

A:  The intent of the Smoke-Free Ontario Act is to protect people from second-hand smoke.  Therefore, if a private car is being used for business purposes (such as an allowance or mileage is being paid by the employer) then the vehicle would fall under the definition of an enclosed workplace, if other employees are present.  Smoking would not be permitted for the duration of time that the vehicle is being used for work purposes.  The KEY is that the car is being used for business purposes (on company time) and other employees are present.

Q:  I drive a forklift that goes inside and outside.  Am I allowed to smoke when I am driving outside?

A:  There is no smoking allowed in any work vehicle, whether indoor or outdoor.

Q:  We have a smoking shelter that has lattice for walls and a regular roof, will this be prohibited?

A:  Lattice is considered to impede airflow, and therefore is a wall.  Any more than 2 walls would be prohibited under this legislation.

Q:  Can we smoke in an outdoor gazebo during lunch and break?

A:  As long as the gazebo has no more than a roof and 2 walls, and is not part of the workplace, you can smoke in the gazebo.  This does not mean that the gazebo has to be off the employer’s property – just not a place that is accessed during the course of anyone’s employment.

Q:  My union has an agreement for a designated smoking room.  Can we still have our smoking room after May 31, 2006?

A:  Any contract or agreement that allows for a designated smoking room cannot be honoured after May 31, 2006.  Legally speaking, agreements that do not comply with the law are null and void.

Q:  Where do I get the mandatory signs?

A:  The signs are available at the Haldimand-Norfolk Health Unit.  Contact us at 519.426.6170 Ext. 3278 or 905.318.6623 (free from 905) or via email at This e-mail address is being protected from spam bots, you need JavaScript enabled to view it .