The fining of an Ontario truck driver for smoking in his rig has sparked questions about discrepancies between provincial and federal smoking laws, and what steps law officials must take in enforcing them.

Essex County Ontario Provincial Police pulled over a truck on Highway 401 near Windsor at about noon on Wednesday after the 48-year-old driver was seen smoking.

Some truckers say it's ridiculous that they can't smoke in their cabs and think their industry is already regulated enough. (Sandy Tymczak/CBC News)

He was fined under the Smoke-Free Ontario Act, a 2006 law that prohibits smoking in enclosed workplaces and public areas such as bars and restaurants.

An enclosed workplace can also be any vehicle covered by a roof and that employees work in or frequent while working, regardless of whether "they are acting in the course of their employment at the time," according to the legislation.

But the act applies to trucking companies that do business in Ontario only. Many trucks, especially those driving through Windsor to or from the United States, are federally and not just provincially regulated, which makes them subject to federal non-smoking laws. Section 4 of Canada's Non-Smokers' Health Act, first adopted in 1985, allows employers to create "designated smoking areas," including motor vehicles to which only one person has access during a shift.

'You can't automatically assume that the act of smoking in a cab is illegal.'—Doug Switzer, Ontario Trucking Association

It's a complicated distinction that has caused "a fair bit of confusion, particularly at the local enforcement level," according to Doug Switzer, vice-president of public affairs for the Ontario Trucking Association, which represents more than a thousand trucking companies.

"You can't automatically assume that the act of smoking in a cab is illegal, because it may be perfectly legal depending on the company that that guy works for," Switzer said.

"If he's a company operating under the federal government legislation, as opposed to privincial government legislation, the Smoke-Free Ontario Act would not apply and the charges would not be proper. If he's an owner-operator and he's the only one who ever drives in that cab, probably the charge would not be valid either."

Police have not identified the driver or his employer, and it is unknown which category this particular driver falls into. For some truckers, however, the issue is clear.

Smoking law 'ridiculous'

"I really think that's ridiculous," said Abe Gunther.

"I don't smoke at all and I never have, but I would think that nobody else is there, he's not bothering anybody," he said.

Kevin McKellar, a driver for 21 years, said he'd go to court to fight a fine, if he were given one.

"I own the truck, I'm the only driver," he said. "As far as I know, they can't do anything to stop me from smoking in it."

Const. Shawna Coulter, an Essex OPP media relations officer, defended the fine.

So did Labour Minister Peter Fonseca, who said the charge and fine were appropriate given the circumstances and the province's goal to reduce smoking as much as possible.

Health Promotion Minister Margarett Best said the law is about the health of Ontario residents and that's the way it is supposed to work.

With files from The Canadian Press