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Patio Guide: The Burning Question

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Confused about when and where you can light up a cigarette on a patio? You’re not the only one!

“The good news is nothing’s changed since last summer,” says Public Health official Rob Colvin.

Since then, health inspectors have been enforcing the Smoke-Free Ontario Act.

Here’s what the act says: Smoking is only permitted on patios that do not have a roof – which is defined as “an awning, tarp, canvas sheeting or other permanent or temporary covering that is capable of excluding rain or impeding airflow, or both.” That includes corrugated tin. However, umbrellas are not considered roofs unless they physically touch each other, at which time “an inspector may view it as such and act accordingly.”

Got that? But what if a patio is only partially covered by a roof?

“Then the entire patio is smoke-free,” Colvin says.

Ever wonder how the smoking bylaw affects pot-positive patios like Kensington Market’s Hot Box Café (191A Baldwin, at Augusta, 416-203-6990) and Kindred Café (7 Breadalbane, at Yonge, 416-920-0404)? Since neither patio has a roof, you can smoke a salmon out there if you like. Kindred even goes one step further: the umbrellas on its rooftop retreat, located a mere stone’s throw from Queen’s Park, are made out of breathable hemp!

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