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Smoking and Vaping Policy

 
  • Related Documents:  Resources for smoking and vaping
  • Responsible Unit: Facilities Management and Development
  • Owner:  Vice-President, Administration and Operations
  • Approver:  President
  • Issued:  2019
  • Review / Revision: 2025

I.    Purpose

1.    The University recognizes the health hazards associated with Smoking, Vaping, and second-hand Smoke exposure. This Policy supports the University’s efforts to create a safe, healthy and inclusive environment, and to promote the wellbeing of the University Community. The purpose of this Policy is to: 

a.    Minimize unwanted exposure to tobacco, cannabis, or nicotine vapours and smoke;

b.    Minimize the risk of fire and damage to University Premises and University Property; and,

c.    Comply with applicable law, including but not limited to municipal by-laws and provincial regulations, specifically Ontario’s Smoke Free Ontario Act.

II.    Scope

1.    This Policy applies to the University Community. 

2.    This Policy is not intended to limit or otherwise restrict Indigenous practices, scholarly research and creative activities (“SRC”), or human rights accommodations on University Premises.

III.    Definitions

“Accommodation” refers to the University making an adaptation or adjustment to enable a person to have equal access and opportunities in the context of employment, education, housing, goods, services, and/or facilities without discrimination on the basis of disability (or other protected grounds) in accordance with the requirements of the University’s Discrimination and Harassment Prevention Policy, which is guided by the Ontario Human Rights Code. 

“Electronic Cigarette” means a vaporizer or inhalant-type device that contains a power source and heating element designed to heat a substance and produce vapours for inhalation by a user directly through the mouth, whether or not the vapours contain nicotine. This includes electronic smoking devices, water-vapour cigarettes, and/or hookah/shisha pens.

“Enclosed Public Place” as defined in the Smoke-Free Ontario Act, 2017, means “the inside of any place, building, structure, or vehicle that is covered by a roof and to which the public is ordinarily invited or permitted access, either expressly or by implication, whether or not a fee is charged for entry.

“Enclosed Workplace” as defined in the Smoke-Free Ontario Act, 2017, means “any place, building, structure, or vehicle that is covered by a roof and in which students, staff, faculty, volunteers, visitors, contractors, agents, or invitees of the University work or frequent, during the course of their studies, employment, or agreement”.

“Medical Cannabis” means cannabis that is obtained by prescription for medical purposes in accordance with applicable legislation.

“Policy” means the Smoking and Vaping Policy.

“Smoke/Smoking” means the inhaling, exhaling, burning, or carrying of any lighted cigar, cigarette, pipe, or other lit smoking paraphernalia, including but not limited to, manufactured cigarettes, hand-rolled cigarettes, cigarillos, herbal cigarettes, Medical Cannabis, bidis, bongs, pipes, bubblers, vaporizers, hookahs, etc.

“University” means Toronto Metropolitan University. 

“University Community” means all students, faculty, and staff of the University, and includes contractors and visitors to the University Premises.

“University Premises” means any space or digital environments that are owned, leased, controlled, licensed, operated or otherwise occupied by the University, but does not include premises leased or licensed by the University to external parties for their exclusive use.

“University Property” means all property, including but not limited to tangible and intangible property, the lands, buildings, vehicles, equipment, and information owned, leased, or controlled by the University.

“Vape/Vaping” means the use of Electronic Cigarettes and includes inhaling or exhaling vapours from an Electronic Cigarette or holding an activated Electronic Cigarette.

IV.    Policy

1.    The University Community shall not Smoke or Vape:

a.    In or on an Enclosed Public Place or Enclosed Workplace that is on University Premises;

b.    In any vehicle that is University Property;

c.    Within 9 meters of building entrances, exits, loading docks, fresh air intakes, and compressed gas storage areas on University Premises;

d.    Within 20 meters of a children’s playground or child care centre on University Premises; or

e.    In the Kerr Hall Quad.

2.    Non-compliance with this Policy may lead to fines pursuant to the Smoke-Free Ontario Act. 

3.    The University manages compliance and enforcement of this Policy in accordance with existing processes in place. Students are subject to the Code of Non-Academic Conduct; faculty and unionized staff are subject to collective agreements and Human Resources processes; non-unionized staff are subject to Human Resources processes; contractors are subject to contracts; and visitors are subject to the authority of the senior university administrator host.

4.    A member of the University Community shall seek an exemption to the prohibition of Smoking and Vaping in the following circumstances, provided that these activities are otherwise in compliance with legislation:

a.    SRC activities that may involve Smoking, Vaping, or cannabis cigarettes (including a Medical Cannabis cigarette) with the approval of the Office of Vice-President, Research and Innovation (OVPRI), and any relevant government authority (e.g. Health Canada). Each case is subject to review by the OVPRI on an individual basis and should be communicated to the Executive Director, Research Services.

b.    The consumption of Medical Cannabis that the University has a duty to accommodate under the Discrimination and Harassment Prevention Policy, which is guided by the Ontario Human Rights Code. 

i.    Academic Accommodation Support shall review each student request for academic accommodation on an individual basis, as applicable, and Housing and Residence Life shall review each student request for accommodation in relation to on campus housing, as applicable. 

ii.    Workplace Wellbeing Services shall review each employee request for accommodation on an individual basis, as applicable.

V.    Roles and Responsibilities

1.    Environmental Health and Safety, a unit within Facilities Management and Development, is responsible for the interpretation of this policy.

2.    Student Wellbeing, which includes Academic Accommodation Support, a unit within the Vice-Provost, Students portfolio, facilitates the student academic accommodation process. 

3.    Student Affairs, which includes Housing and Residence Life, a unit within the Vice-Provost Students portfolio reviews and facilitates the on-campus housing accommodation process. 

4.    Workplace Wellbeing Services, a unit within Human Resources, facilitates the accommodation process for employees, and provides information about support and resources available. 

5.    Office of the Vice President, Research and Innovation provides guidance and, where necessary, approvals for research projects involving tobacco or any other products that would produce smoke (e.g. cannabis).

6.    Human Rights Services, a unit within the Office of the Vice-President, Equity and Community Inclusion, provides consultation support and guidance on the University’s duty to accommodate members of the TMU community in accordance with the Discrimination and Harassment Prevention Policy, which is guided by the Ontario Human Rights Code.