Ontario law does not impose a blanket prohibition on smoking cigarettes while driving. However, the legality of smoking or vaping in a vehicle depends on the statutory context, not intuition. Several overlapping legal regimes apply, including the Smoke-Free Ontario Act, 2017, the Highway Traffic Act, and municipal bylaws.
As a result, conduct that appears lawful at first glance may still expose a driver to provincial offences, careless driving charges, or fines — particularly when minors, cannabis, or driving behaviour are involved.
This article explains when smoking while driving is lawful, when it is prohibited, and how smoking can still form the basis of a charge even without an explicit statutory ban.
The Smoke-Free Ontario Act, 2017 (SFOA) is the primary statute governing smoking and vaping in Ontario. While its principal purpose is to protect workers and the public from second-hand smoke and vapour, the Act expressly regulates conduct inside motor vehicles in defined circumstances.
Section 12 of the SFOA prohibits smoking or vaping in a motor vehicle if a person under the age of 16 is present, regardless of whether the car is moving or parked.
Key legal points:
A conviction carries a set fine of $250, plus court costs and a victim surcharge.
“The legislature removed discretion here. If a minor is present, smoking in a vehicle is an absolute offence. Police do not need to show danger, distraction, or impairment.”
— Heather Spence, Criminal Defence Lawyer & Partner
The legal treatment of cannabis is materially different from that of tobacco.
Under both the SFOA and Ontario’s cannabis legislation, smoking or consuming cannabis in a vehicle is prohibited if a person has care or control of that vehicle. This applies even when the car is parked.
In addition to provincial offences, cannabis use in a vehicle may trigger criminal impaired driving investigations, depending on police observations.
Where no minor is present in the vehicle, and no cannabis is involved, smoking cigarettes while driving is not expressly prohibited by Ontario statute. The Smoke-Free Ontario Act, 2017, targets exposure to second-hand smoke and vapour in defined settings, and its motor-vehicle restrictions are limited primarily to situations involving minors. From a purely statutory standpoint, an adult driver smoking tobacco alone in a vehicle does not commit an offence under that Act.
However, legality does not end the analysis.
Ontario traffic enforcement does not operate in silos. Even where a dedicated statute does not ban a specific activity, it may still attract liability under broader driving-safety provisions if it interferes with the safe operation of a motor vehicle.
In practice, smoking while driving can become legally relevant if it:
In those circumstances, police may rely on general driving offences rather than smoking-specific laws. Charges such as careless driving or improper control of a vehicle do not require proof that smoking itself is illegal — only that the driver’s conduct fell below the standard of care expected of a reasonable driver.
This distinction is essential. A driver may correctly believe that smoking cigarettes is “allowed,” yet still face charges if the act of smoking is said to have contributed to unsafe driving behaviour. In other words, the issue is not the cigarette — it is the manner of driving while smoking.
As a result, while smoking cigarettes while driving is not automatically unlawful in Ontario, it is not legally risk-free. The moment smoking intersects with distraction, loss of control, or compromised attention, it becomes part of a broader analysis of driving behaviour — one that can carry real legal consequences.
Ontario’s Highway Traffic Act (HTA) does not list smoking or vaping as a prohibited distracted driving activity. That omission is often misunderstood.
Section 130 of the HTA defines careless driving as operating a vehicle:
“without due care and attention or without reasonable consideration for other persons using the highway.”
Subsection 130(5) further provides that a driver may be deemed careless if their manner of driving limits their ability to adjust to changing circumstances prudently.
Smoking may become legally relevant if it contributes to:
“Careless driving charges are fact-driven. Smoking alone won’t justify a charge, but if police can articulate how it interfered with control or attention, it can become part of the evidentiary foundation.”
— Jeff Mass, Criminal Defence Lawyer & Managing Partner
A conviction for careless driving carries severe consequences:
| Consequence | Exposure |
|---|---|
| Fine | $400–$2,000 |
| Jail | Up to 6 months |
| Demerit Points | Added to driving record |
| Licence Suspension | Up to 2 years |
Throwing a cigarette butt from a vehicle constitutes littering under Section 180 of the Highway Traffic Act.
Penalties include:
This offence is enforceable regardless of whether the vehicle is moving.
| Scenario | Legal Status |
|---|---|
| Smoking cigarettes alone in a vehicle | Generally lawful |
| Tobacco with a person under 16 present | Illegal |
| Smoking cannabis in a vehicle | Illegal |
| Smoking contributes to unsafe driving | Potential careless driving charge |
| Throwing a cigarette butt from a vehicle | Littering offence |
Drivers often underestimate how quickly a minor traffic interaction can escalate. A smoking-related stop may lead to:
Early legal advice can materially affect the outcome.
The traffic and criminal defence lawyers at Mass Tsang regularly defend motorists facing careless driving charges, provincial offences, and licence-impacting allegations across the Greater Toronto Area.
If smoking or vaping became an issue in a traffic stop — or if police discretion played a role — timely legal guidance matters. Contact Mass Tsang for a confidential consultation.
Yes, smoking cigarettes while driving in Ontario is not automatically illegal if no minor is present in the vehicle and no cannabis is involved. However, smoking may still lead to charges if it interferes with safe driving.
No. Under the Smoke-Free Ontario Act, 2017, it is strictly prohibited to smoke or vape in a motor vehicle if a person under the age of 16 is present, regardless of whether the car is moving or parked.
Yes. The Smoke-Free Ontario Act applies equally to smoking and vaping, including restrictions involving minors and enclosed spaces such as vehicles.
No. Smoking or consuming cannabis in a vehicle is illegal whenever a person has care or control of the vehicle, even if the car is parked. Cannabis use may also lead to impaired driving investigations.
Yes. While smoking itself is not listed as distracted driving, police may lay a careless driving charge if smoking interferes with attention, visibility, or control of the vehicle under section 130 of the Highway Traffic Act.
Smoking may become legally relevant if it causes distraction, obstructs visibility with smoke, requires prolonged one-handed steering, or leads to sudden, unsafe movements such as dropping a cigarette.
Yes. Discarding a cigarette butt from a vehicle constitutes littering under section 180 of the Highway Traffic Act and may also result in municipal fines, particularly in cities like Toronto.
Smoking cigarettes alone is not grounds for a stop. However, if police observe unsafe driving behaviour connected to smoking, they may initiate a traffic stop and investigate further.
