Ontario with the Smoke-Free Ontario Amendment Act 2008 coming into play on Wednesday is set to join Nova Scotia and several other American states that have a ban on smoking in a vehicle in the presence of a child under the age of 16.

This new law is aimed at protecting children from the serious side effects generated by second smoke which the Ontario Medical Association said doctors have been calling a serious health hazard. Numerous studies have shown the effect of second hand smoke which can become highly concentrated inside cars and trucks and cause serious health issues for passengers.

Liz Haugh, the director of health promotions of the Windsor-Essex County Health Unit said, "We're pleased the government has taken this step. It's significant to children because exposure for second-hand smoke means a greater risk for pneumonia, middle-ear infections, and asthma," she said. "And when they're in the car, the concentration is greater."

The Ontario Medical Association noted that the closer people are to second-hand smoke, the more toxins they breathe in and Health Canada pointed out that just by opening a window the smoke from a car won't go away and smoking while kids aren't in the vehicle isn't acceptable either. "First-hand smoke and second-hand smoke we understand is dangerous, and third-hand we're now learning about as well," said OMA president Dr. Ken Arnold. "Certainly putting people with young, healthy lungs in a tin box and having someone light up just seems so unfair to those children."

The options to remove the smoke from the vehicle once you have smoked in it aren't feasible say experts. "Extensive studies have shown there is no level of ventilation that will eliminate the harmful effects of second-hand smoke, and opening a window can result in air flow back into the car, which may cause the smoke to be blown directly back at non-smokers," Health Canada reports. Agreeing with them Arnold noted that, "The smoke still swirls around in there, and the concentrations are 25 times higher than they would be in the open air."

Researchers have noted in earlier studies that second hand smoke can linger in contaminated dust and on surfaces despite the smoking having taken place months earlier.

The new law will apply to all vehicles including convertibles and it is applicable irrespective of whether the car is moving or stationary, windows are up or down. Explaining the new law Const. Kevin O'Neil of Leamington police said the law applies to all vehicles, including convertibles. It doesn't matter if the car is moving or stationary, nor does it make a difference if a car's windows are up or down. He further clarified that the law also refers to all drivers, "It doesn't just apply to parents," he said. A group of 20 year olds driving around with a 15 year old and one of the adults is smoking would open them for a fine. The fine will be up to a maximum of $250, according to the legislation. The ban is already in place in the U. S. in the states of Maine, California, Arkansas and Louisiana as well as in Puerto Rico. In Ontario workplaces and in public areas such as bars and restaurants smoking is already banned. The law is passed in British Columbia, but it is not yet in force and New Brunswick and Prince Edward Island are considering similar bans, with the P. E. I. legislature expected to take action this spring.

"We're so careful to make sure children are buckled in safely, in proper car seats," O'Neil said. "It doesn't make any sense to subject a child to second-hand smoke, which is as bad as smoking itself."