How to Legally Fight Smoking in Public Places

Before you file a complaint, confirm that the smoking you witnessed was actually illegal. Canada’s smoking laws are provincial, with some municipal variations. The table below outlines where smoking is generally prohibited.

• 🏢 Enclosed public spaces: All provinces ban smoking inside restaurants, bars, offices, shopping malls, and public transit.
• 🍽️ Restaurant and bar patios: Banned in Ontario (2015), Quebec (2016), BC (2016), and others. Some provinces allow patios if they are open-air.
• 🏥 Hospital grounds: Provinces prohibit smoking on hospital property, including parking lots and outdoor walkways.
• 👶 Playgrounds and school property: Banned in all provinces.
• 🚏 Transit shelters and bus stops: Banned in many municipalities (check your local bylaw).
• 🏢 Condo common areas: Condo boards can (and often do) ban smoking in hallways, elevators, and patios.
• ⚠️ Private residences: Generally exempt, except for rentals in some provinces (e.g., Ontario’s Residential Tenancies Act allows landlords to ban smoking).

1. Stay calm and safe. Do not confront an aggressive smoker. Your safety is paramount.
2. Document the violation. Take photos or videos. Note the date, time, location, and description of the violator.
3. Identify the correct authority. Different locations are enforced by different agencies (see contact table below).
4. File a complaint online, by phone, or by email. Most agencies have online complaint forms.
5. Provide evidence. Attach photos, videos, or witness statements. The more detail, the better.
6. Request a follow-up. Ask to be notified of the outcome. Some agencies allow anonymous complaints; others require your contact information.
7. If unsatisfied, escalate. You can contact your municipal councillor, provincial health ministry, or the Non-Smokers’ Rights Association.

• 📅 Date and time: Exact date and time of the incident.
• 📍 Location: Specific address or description (e.g., “east side of Central Park, near the fountain”).
• 📸 Photos/videos: Capture the smoker, the smoke, and any “No Smoking” signs. If safe, record for 30-60 seconds.
• 👤 Description of the violator: Clothing, height, build, gender, any identifying features (do not approach).
• 👥 Witnesses: Names and contact information of others who observed the violation.
• 🕒 Duration: How long the smoking continued.
• 📝 Written log: If the same location has repeated violations, keep a log of dates, times, and evidence.

• ✅ Yes, in many jurisdictions. Most public health units accept anonymous complaints. However, anonymous complaints are harder to investigate because the investigator cannot follow up for clarifying information.
• ⚠️ Anonymous complaints have lower success rates. If you want the complaint to result in enforcement, provide your contact information. Confidentiality laws protect you from retaliation.
• 📞 Anonymous phone complaints. You can call the Smokers’ Helpline (1-877-513-5333) for advice, but they cannot file a complaint on your behalf without your consent.
• 📧 Anonymous email. Use a temporary email address. But again, the enforcement agency may not prioritize an anonymous complaint.

• ⚖️ Harassment is illegal. If a smoker threatens you, yells at you, or follows you after you file a complaint, call the police (non-emergency line: 311 in many cities).
• 🏢 Landlord retaliation: If your landlord retaliates (e.g., raises rent, evicts) after you complain about smoking in common areas, contact the Residential Tenancy Branch (provincial). Retaliation is illegal.
• 👥 Workplace retaliation: If your employer retaliates after you complain about workplace smoking (e.g., being a non-smoker harassed by colleagues), contact your provincial labour board. The Canada Labour Code prohibits retaliation for health and safety complaints.
• 📜 Document everything: Keep a log of any retaliatory behaviour. Save emails, texts, and voicemails.

• ❌ Confronting the smoker aggressively: This can escalate to violence. Leave enforcement to the authorities.
• ❌ Complaining to the wrong agency: A smoking complaint about a restaurant patio will not be handled by the police (unless there is a disturbance). Use the correct public health channel.
• ❌ No evidence: “He said, she said” complaints rarely result in enforcement. Take photos or videos.
• ❌ Complaining about smoking in a legal area: If the smoker is in a designated smoking area or a private residence, your complaint will be dismissed. Know the law before you complain.
• ❌ Waiting too long: Most enforcement agencies require complaints within a reasonable time (e.g., within 30 days). Report violations promptly.

Native cigarettes (Playfare, Canadian, DuMont, Nexus, Rolled Gold) are still cigarettes. All smoking bans apply equally to native brands. If someone is smoking a native cigarette in a non-smoking area, it is just as illegal as smoking a commercial brand.

• 💰 Cost savings: A pack-a-day smoker saves $5,000-7,000 per year by switching to native cigarettes.
• 🚫 No exemption: There is no legal exception for native cigarettes in public smoking bans.
• 📦 Online delivery: Cigstore.ca ships to every province and territory with $29 flat shipping (free over $290).
• ✅ The bottom line: If you smoke native cigarettes, you must still follow all provincial and municipal smoking bans. Smoke only where it is legal.