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138 Sudbury students were charged for vaping, smoking at school in 2019

If your child gets caught vaping at school, they face a $305 fine under the Smoke-Free Ontario Act
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If you are the parent of a youth that vapes, be aware that if they do so on school property, they could be slapped with a hefty fine under the Smoke-Free Ontario Act or end up in court.

It seems the popularity of vaping among youth — Health Canada said data from a recent survey showed 34 per cent of students in grades 7-12 had tried vaping, and 20 per cent had vaped in the last 30 days — is causing some problems for local school boards.

Sudbury.com looked into the issue after being contacted by a parent of a Rainbow District School Board high school student who was recently caught vaping at school.

The student received a three-day suspension, and will now also likely receive a fine for allegedly violating the Smoke-Free Ontario Act, which is enforced by Public Health Sudbury & Districts.

Jean-Marc St. Jacques, a Smoke-Free Ontario Act inspector with Public Health Sudbury & Districts, confirmed the health unit does investigate incidents of youth caught vaping or smoking either tobacco or cannabis at their schools.

Last year, the health unit issued 138 tickets for smoking and vaping on school property under the act in the Sudbury district. Of those charges, 90 of them were for vaping, and the rest were either for tobacco or cannabis.

St. Jacques said the tickets have been handed out at schools run by all four local school boards.

“Should a school observe an offence such as smoking or vaping on school property, at their discretion, they may contact Public Health Sudbury & Districts and file a complaint,” St. Jacques said.

“They fill out a report, and the report is assigned to one of our Smoke-Free Ontario Act inspectors.”

If the offender is age 16 and older, they will be issued a ticket which comes with a $305 fine.

Those under the age of 16 cannot be issued provincial offences tickets, so they are instead served papers to attend court.

“The youths attend court, and they have a discussion with a prosecutor,” said St. Jacques. “Nine times out of 10, the end result is a monetary fine.”

If this is the first time you've heard about students getting fined and sent to court for vaping at school, that's understandable.

The Smoke-Free Ontario Act 2017 only came into effect a little more than a year ago, in October 2018.

“Since October 2018, the schools have had responsibility to make sure smoking or vaping does not occur on their property,” said St. Jacques. 
“There is definitely a partnership between the schools and public health to ensure that this does not occur."

St. Jacques said he hopes the tickets have a deterrent effect for students who vape on school property.

He said he's actually had calls from parents who have insisted they charge their son or daughter under the Smoke-Free Ontario Act.

Sudbury.com asked the Rainbow board for an interview about the Smoke-Free Ontario fines, as well as the impact of vaping on schools, but they instead referred us to the health unit.

We also reached out to the Sudbury Catholic District School Board for an interview, and they instead provided us with a written statement from director of education Joanne Bénard.

“The Sudbury Catholic District School Board works closely with Sudbury Public Health to enforce the Smoke Free Ontario Act which prohibits smoking or vaping in schools or in surrounding public areas of schools,” the statement said.

“The Board is also committed to educate staff, students and parents about the dangers of vaping. Parent sessions have been provided at schools and there is a planned session surrounding this topic to be held during our Parent Involvement Committee’s annual Carousel event happening in April.

“There is also signage present in all schools indicating to staff, students and visitors that we are a vape and smoke free zone.”


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Heidi Ulrichsen

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