As of January, 2009, Ontario has banned smoking while in a car, if a child 15 years or younger is also in the car.  The offence attracts a $250 fine.

You can read the Smoke-Free Ontario Act.  The offence provisions are found at Section 9.2 and also Section 15(6.1) of that Act.

From a civil litigation perspective, this adds another issue when dealing with liability concerns in motor vehicle accidents in Ontario.  This adds to the “Rules of the Road” provisions outlining a driver’s responsibilities under the Highway Traffic Act of Ontario.

You can review the Government of Ontario fact sheets which explain the decision to introduce this anti-smoking provision, as they are produced in a variety of languages, including English, Chinese, Hindi and Punjabi.

Gregory Chang

Toronto Insurance Litigation Lawyer