The policies found on the website of the Secretariat are compulsory rules for the University community. The authoritative copies of the policies are held by the Secretariat and bear the seal of the University. The online version accessible through the website of the Secretariat is available for information purposes only. In case of discrepancy between the online version and the authoritative copy held by the Secretariat , the authoritative copy shall prevail. Please contact the Secretariat for assistance if necessary.
| Established: | 22 August 1967 |
| Revised: | 1 September 2007 15 July 2016 15 October 2018 1 July 2024 |
| Supersedes: | N/A |
| Class: | Class G |
| Responsible/Originating Department: | Office of the Vice-President, Administration and Finance |
| Executive Contact: | Vice-President, Administration and Finance |
The Responsible/Originating Department and Executive Contact may be contacted for matters related to policy interpretation, management and administration.
Related Policies, Guidelines and Procedures:
- Policy 34 - Health, Safety and Environment
- Q&A re: Approach to Cannabis Legalization
1. Introduction
Extensive research shows that tobacco use and smoking are harmful to the health of the user and to others through exposure to second-hand and sidestream smoke. In recognition of that harm, there are laws, in particular, the Smoke Free Ontario Act (SFOA) and Ontario’s Cannabis Act, 2017 (Cannabis Act), which impose restrictions on the use, sale, distribution and promotion of smoking products.
The University of Waterloo strives to provide and promote a healthy work and educational environment for its students, employees and visitors in compliance with provincial law. To those ends, the University prohibits the use, sale, distribution and promotion of smoking products as set out in this policy.
2. Scope
This policy applies to all University students, employees and visitors on University Property or in University owned and/or operated vehicles, and to any person in any vehicle while on University Property.
3. Definitions
“E-cigarette” means a vaporizer or inhalant-type device, whether called an electronic cigarette or any other name, that contains a power source and heating element designed to heat a substance and produce a vapour intended to be inhaled or consumed by the user of the device, whether or not the vapour contains nicotine or cannabis.
“Smoking” means the act of smoking or holding a Smoking Device, for the purpose of burning, vaporising, inhaling or exhaling any substance.
“Smoking Device” means a cigarette, cigar, pipe, hookah, vaporizer, or other apparatus used for Smoking substances, including e-cigarettes.
“Smudging” means an Indigenous practice of the burning of certain herbs, including tobacco, in order to create a cleansing smoke which is used to purify people as well as ceremonial and ritual spaces, tools and objects.
“Tobacco Products” means any substance containing tobacco leaf, including but not limited to, cigarettes, cigars, pipes, hookah, shisha, snuff, chew, dip, bidis, blunts, clove cigarettes or any other preparation of tobacco.
“University” means the University of Waterloo.
“University Property” means all real property owned and/or under the operational control of the University.
“Visitor” means anyone attending on University Property who is not a student or employee. For clarity, this includes independent contractors as well as individuals or groups renting or otherwise using University Property or University owned and/or operated vehicles.
4. Legal Framework
In addition to the abovementioned “Related Policies, Guidelines and Procedures”, the policy will be construed in accordance with applicable law, in particular:
- Human Rights Code, R.S.O. 1990, c. H.19 (“OHRC”)
- Smoke-Free Ontario Act, S.O. 1994, c. 10 (“SFOA”) and Regulation 48/06
- Electronic Cigarettes Act, 2015, S.O. 2015, c. 7, Sched. 3
- Cannabis Act, S.C.2018, c.16 (Federal)
- Cannabis Act, 2017, S.O. 2017, c. 26 (Ontario) and Regulation 325/18
If any of these legal provisions are modified, abrogated, superseded, or added to, the policy will be interpreted in accordance with the new legal framework.
5. Purpose
This policy is intended to:
- encourage and support a smoke-free environment and lifestyle for all students, employees and visitors;
- protect non-smokers from second-hand and sidestream smoke by prohibiting Smoking in prescribed areas; and
- ensure the University’s compliance with the SFOA and Cannabis Act.
6. Principles
The University’s commitment to a healthy work and educational environment, and compliance with applicable laws are the primary guiding principles for this policy.
7. Prohibited Activities
The University prohibits the Smoking of cannabis, tobacco or other products that produce smoke and/or vapour on University Property as well as the use of Tobacco Products.
The sale, distribution and promotion of tobacco and cannabis products is strictly banned on University Property. The cultivation of tobacco or cannabis is prohibited on University Property except for research purposes and then, only with proper approvals in place.
8. Exceptions
The University may grant an exception to the prohibition on Smoking or cultivation in a building on University Property in certain limited circumstances (e.g. for traditional Indigenous cultural or spiritual smudging ceremonies or for research that has received all required clearances).
This Policy does not apply to the use of nicotine replacement therapy products (e.g. nicotine transdermal patches and gums).
This Policy is subject to the duty to accommodate persons with disabilities in accordance with the Ontario Human Rights Code. Employees or students may request accommodations on medical and/or other grounds protected under the Ontario Human Rights Code (i.e. religion/creed) by contacting AccessAbility Services (for students) or Occupational Health (for employees). The location(s) at which exceptions related to accommodations will be allowed, will be determined in consultation with these units on a case-by-case basis should such accommodation be required.
9. Support
In order to foster a supportive environment for people who are trying to reduce or stop using tobacco while creating a healthier living, learning and working environment for all members of the University community, the University offers advice on resources that may help in achieving that goal. Smoking cessation support is available to University employees and students; further information and assistance can be obtained from Campus Wellness (for students) or Occupational Health (for employees).
10. Enforcement and Violations
The University will primarily enforce this Policy through education and by offering cessation support services to individuals who wish to quit their use of cannabis, tobacco or other smoking products.
Members of the University community can report violations of this policy to the University Special Constable Service, who will assist with education and enforcement through the use of pro-active and complaint-based notifications and warnings and who have the authority to ticket individuals found in violation. Fines, if issued, will be assessed in accordance with Appendix A of this policy.
Individuals found to be in violation of this Policy may face the following outcomes:
- verbal warnings and educational interventions;
- for persistent violations, the issuance of a ticket in accordance with Appendix A; and/or
- referrals for consideration of further discipline under the Memorandum of Agreement between the University of Waterloo and the Faculty Association of the University of Waterloo (for faculty), Policy 18 – Staff Employment (for staff), Policy 71 – Student Discipline (for students), or CUPE or OPSEU collective agreements.
In the event that any individual is in serious or repeated violation of this policy, or fails to pay a ticket issued under this policy, the University may take further action including withholding student records, referral of accounts to a collection agency, or issuing a removal/ban from campus. These actions can be taken without prejudice to any other right or remedy the University may have at law or under University policy.
11. Appeals
Disciplinary decisions may be appealed in accordance with the Memorandum of Agreement between the University of Waterloo and the Faculty Association of the University of Waterloo (for faculty), Policy 36 – Dispute Resolution for University Support Staff (for staff), Policy 72 – Student Appeals (for students) or CUPE or OPSEU collective agreements.
A person who has been issued a ticket under Appendix A and who has reason to object to such ticket may file an appeal. Appeals are handled by the University of Waterloo Property Infractions Committee pursuant to regulations established thereby.
Appendix A - Fines
Through enforcement of this policy, members of the University Special Constable Service have the authority to ticket individuals found in repeated violation. Warnings issued under this policy will be recorded in the enforcement ticketing system. Fines will be assessed in accordance with the following schedule:
| Violation | Fine |
|---|---|
| Smoking Where Prohibited | $50.00 |
GUIDELINE FOR THE TRANSITION TO A SMOKE-FREE CAMPUS
The purpose of Policy 29 – Smoke-Free Campus is to provide a safe and healthy environment for the University’s students, employees and visitors. There may in some circumstances be other issues involving health and safety that need to be balanced against the measure of providing a smoke-free environment. Because of this, the University will provide designated smoking areas during a transition period from July 1, 2024 to April 30, 2025. The purpose of the designated smoking areas will be to provide an opportunity for University Property users to adjust to the general prohibition against smoking and/or for the University to identify and address campus-specific impacts on the health and safety of the general prohibition against smoking.
Transitional arrangements will be in accordance with the following:
- designated smoking areas will be outdoors, and not within 15 metres of University buildings; and
- designated smoking areas will comply with applicable provincial and municipal requirements.
For clarity, the Guideline for the Transition to a Smoke Free Campus applies to all University Property, including non-campus property owned and/or under the operational control of the University. The Vice-President, Administration and Finance has the authority to develop designated smoking areas as described in this guideline.