Smoking Laws and Enforcement in Manitoba

Tobacco products and their use are subject to laws and regulations at both the federal and provincial levels of government. In addition, cities and towns are able to pass by-laws that may place further restrictions on these products. This page summarizes the key laws that impact retailers and the general public.

Laws and Enforcement in Manitoba

+ Sales to Minors

It is illegal to sell tobacco products to anyone under the age of 18 in Manitoba.

+ Sale of Single Cigarettes

It is illegal under the Federal Tobacco Act to sell individual cigarettes.

+ Use in Public Places

Smoking is banned in the following places in Manitoba:

  • An enclosed public place             
  • An indoor workplace
  • A group living facility
  • A public vehicle
  • In a vehicle where a child under the age of 16 is present
  • On the beaches and playgrounds of provincial parks

The City of Winnipeg By-law No. 62/2011 further bans smoking in the following places:

  • Within 30 metres of the playing surface of an athletic field or a hockey rink during a youth event
  • On a playground
  • Within 30 metres of a swimming pool, wading pool, spray pad or spray park owned or operated by the City of Winnipeg
  • On the premises of a primary school, middle school or secondary school, whether a public school or a private school
  • On the premises of a health care facility
  • Within 8 metres from an outdoor entrance providing direct access to a health care facility
  • Within 8 metres from an outdoor entrance providing direct access to a City of Winnipeg workplace
  • Within 8 metres from an outdoor entrance providing direct access to a WRHA workplace

The cities of Thompson and Steinbach also have by-laws that place further restrictions on smoking.

+ Display, Advertising and Promotion

It is illegal for tobacco or tobacco-related products to be displayed in a way that is visible to children in any place where tobacco or tobacco-related products are sold.

No advertising or promotion of tobacco or tobacco-related products is allowed:

  • Where tobacco or tobacco-related products are sold
  • Where children are permitted access
  • On an outdoor sign of any type, including billboards, portable signs, or on a bench, vehicle or other structure
  • Inside a building, other structure or vehicle if the advertisement or promotion is visible from outside the building, structure or vehicle

If you have a complaint about sales to minors or display advertising and promotion please contact our enforcement officers Jim Hillier at 204-784-3901 or Bill Hughes at 204-784-3902.

If you have complaints about use in public places, please contact your local public health inspector.

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Frequently Asked Questions


+ Can I smoke on an outdoor patio in Manitoba?

Yes, smoking is permitted on outdoor patios unless the owner of an establishment has designated a patio as non-smoking or the patio is considered enclosed. Patios are considered enclosed and therefore smoking is not allowed if:

  • more than 25% of the total floor area is covered by a roof, canopy or other barrier; AND
  • more than 50% of the perimeter is more than 50% covered by a physical barrier such as a wall, window or panelling that impedes air flow

For diagrams showing the rules on smoking on patios please click here.  

+ I live in a multi-unit dwelling. What can I do if a neighbor’s smoke is coming into my home?

There are no “smoker’s rights” in Canadian law but in the absence of a no smoking policy in your multi- unit dwelling, smokers may smoke inside their units and on their balconies.  Smoking is not allowed in a building’s common areas in Manitoba.

Fortunately, there are still steps you can take to help reduce smoke entering your dwelling.

Talk to Your Neighbour

Your smoking neighbour(s) might not realize the discomfort you feel and health concerns you have regarding their second hand smoke coming into your home.  They might be willing to do things like close the windows in their unit or change where they smoke in order to address your concerns.

Seal off Dwellings and Solutions with Ventilation

The Canada Mortgage and Housing Corporation has produced a document to help you eliminate odour transfer and minimize air movement between areas in multi-unit dwellings. 

The document identifies the common pathways for odour and smoke and offers suggestions on how to seal those pathways and demonstrates how to better ventilate your home.   It also shows steps that can be taken in consultation with management such as sealing off the smoker’s dwelling and adjusting building ventilation and pressurizing your apartment.

Contact Your Landlord

In order to persuade the landlord to negotiate a solution, it is best to notify your landlord by writing a letter documenting in detail the problem of second hand smoke entering your home and any steps you have taken to resolve the problem. Include details of any health concerns you may be experiencing as a result of the second hand smoke and support it with a letter from your physician if possible. 

Documenting the problem and showing you’ve tried to work towards a solution can also be used to persuade the landlord to break the lease if no other solution can be found. 

Further Action

If smoking in the multi-unit dwelling breaches a no smoking policy or if the smoking is to an extent that causes you to not be able to reasonably enjoy your living situation, you can appeal through the Residential Tenancies Branch in Manitoba.

+ Do the same rules in place for smoking apply to electronic cigarettes?

Effective October 1, 2017, The Non-Smokers Protection Amendment Act (e-cigarettes) (NSHPA) will come into force. For more information, please see our Guide to Laws for the Sale and Use of Electronic Cigarettes.


For further information, please refer to the Non-Smokers Health Protection Act  or the Federal Tobacco Act.