This Explanatory Note was written as a reader’s aid to Bill 69 and does not form part of the law. Bill 69 has been enacted as Chapter 12 of the Statutes of Ontario, 2008.
The Smoke-Free Ontario Act is amended to prohibit smoking or having lighted tobacco in a motor vehicle while a person under 16 years old is present.
An Act to protect children from second-hand tobacco smoke in motor vehicles by amending the Smoke-Free Ontario Act
Assented to June 18, 2008
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
Protection for people under 16 years old in motor vehicles
9.2 (1) No person shall smoke tobacco or have lighted tobacco in a motor vehicle while another person who is less than 16 years old is present in the vehicle.
Proof of age
(2) In a prosecution under this section, a court may find evidence that the person enforcing this section honestly and reasonably believed another person to be less than 16 years old to be sufficient proof of the other person’s age.
(3) Despite section 14, this section shall be enforced by police officers.
(4) In this section,
“motor vehicle” means, subject to the regulations, a motor vehicle as defined in subsection 1 (1) of the Highway Traffic Act.
Offence, smoking in motor vehicle
(6.1) A person who contravenes section 9.2 is guilty of an offence and on conviction is liable to a fine of not more than $250.
(i) providing for additional vehicles that are motor vehicles for the purposes of section 9.2;
(j) providing for vehicles that are not motor vehicles for the purposes of section 9.2.