Smoke Free Public Places By-law 2019-41 (Consolidated)

The following is an Office Consolidation as of October 7, 2019 that includes all amendments as per the table below.

1.     Definitions

1.1           “Cannabis” means cannabis as defined in the Cannabis Act S.C. 2018, c. 16;

1.2           “Designated Smoking Area” means the area, within a 9 metre radius of signs that are erected and on display, where the use of tobacco is permitted on Municipal Property, as approved by Council;

1.3           “Electronic Cigarette” means a vaporizer or inhalant-type device, whether called an electronic cigarette or any other name, that contains a power source and heating element designed to heat a substance and produce a vapour intended to be inhaled by the user of the device directly through the mouth, whether or not the vapour contains nicotine;

1.4           “Health Care Facility” means any building wherein medical, dental, psychological or chiropractic services or advice regarding any illness, disease or injury, physical or mental, is or may be provided and without limiting the generality of the foregoing, includes a pharmacy, a community health centre, the offices of doctor, dentist, chiropractor, optometrist, psychologist or any other health care practitioner. The area so defined includes the administrative offices, food service and eating areas thereof;

1.5           “Highway” means a common and public highway and includes any bridge, trestle, viaduct or other structure forming part of the highway and, except as otherwise provided, includes a portion of the highway;

1.6           “Municipality” means the Corporation of the Town of Bradford West Gwillimbury;

1.7           “Municipally-controlled Property” means any building, facility or structure and includes the lot or part thereof, that is occupied or controlled by the Municipality by means of a lease, license or other similar agreement, but which is not owned by the Municipality;

1.8           “Municipal Property” means any building, facility or structure and includes the lot or part thereof owned by the Municipality, including without limitation:

(a)  Park;

(b)  Outdoor Recreation Facility;

(c)   Playground; and

(d)  municipal offices, transit facilities, bus shelters, community centres, libraries, indoor swimming pools, arenas, museums, art galleries, public washrooms, concession stands, recreational centres, fire halls, ambulance stations and police stations; parking lots/areas

1.9           “Officer” means:

(a)  a Provincial Offences Officer of the Municipality or other person appointed by or under the authority of a by-law to enforce Municipal by-laws;

(b)  A Tobacco Enforcement Officer employed by the Simcoe Muskoka District Health Unit;  or

(c)   a Police Officer appointed under the Police Services Act, R.S.O. 1990, c. P.15.

1.10       “Outdoor Recreational Facility” means any area located on municipal property that is designed, designated or delineated for the playing of sports or for activities, together with any lane, walkway or public parking area leading thereto including but not limited to: swimming pools, splash pads, soccer fields, baseball diamonds, tennis courts, football fields, player benches, side lines, player warms areas and spectator areas;

1.11       “Park” means lands owned by the Municipality that is designed or used for public recreation including, but not limited to, parklands, parkettes, trails, community gardens,  beaches including any adjacent bodies of water, and includes any lane, walkway or public parking area leading thereto;

1.12       “Playground Area” means any part of an outdoor area fitted with play equipment, including but not limited to slides, swings, and climbing equipment and includes any surrounding natural or manmade safety surfaces of sand, rocks, wood chips, rubber or any similar material that may typically define its border and any trail or pathway;

1.13       “School” as defined under the Education Act, R.S.O. 1990, c. E.2;

1.14       “Smoke” or “Smoking” means exhaling or inhaling or holding lighted Tobacco or Cannabis and includes the Vaporizing of any substance;

1.15       “Tobacco” means tobacco, in whatever manner it may be used or consumed, and in any processed or unprocessed form, and includes any product made in whole or in part of tobacco and/or tobacco leaves, including without limitation, pipe tobacco, waterpipe tobacco, cigarettes, cigars and cigarillos;

1.16       “Vaporize” or “Vaporizing” means:

(a)       to inhale and exhale the vapour produced by an Electronic Cigarette or similar device containing Cannabis, Tobacco or any substance, or

(b)       the holding or otherwise having control of an Electronic Cigarette that is producing vapour, emissions or aerosol from Cannabis or Tobacco or any substance.

2.0.     General Prohibitions

2.1.   No person shall Smoke or Vaporize on or in:

(a)        Any Municipal Property;

(b)        Within a 9 metre radius of any entrance to a Municipally-controlled Property;

(c)        All Health Care Facilities and the outdoor grounds thereof;

(d)        All Schools, daycare facilities, and other child care facilities, or within 20 metres of the boundaries of the properties on which these facilities are situated; and

(e)        Any area or place prohibited under the Smoke Free Ontario Act, 2017, S.O. 2017, c. 26, Sched. 3.

3.0   Applicability

3.1   This By-law does not apply to privately-owned property that is primarily used as a private dwelling.

3.2   Except as otherwise provided in the Smoke Free Ontario Act, this By-law does not apply to any Highway or any portion of a public road allowance.

3.3   This By-law does not apply to that portion of Municipal Property on which a Designated Smoking Area has been established and which have signs erected identifying the area as a Designated Smoking Area.

4.0   Inspections

An Officer may, at any reasonable time, enter onto land for the purpose of carrying out an inspection to determine whether the provisions of this By-law are being complied with. 

5.0   Enforcement

5.1   This By-law may be enforced by an Officer.

5.2   Where any person contravenes any provision of this By-law, an Officer may direct such person to comply with this By-law. Every person so directed shall comply with such direction without undue delay.

5.3   Where any person contravenes any provision of this By-law, an Officer may direct such person to immediately leave the premises.

5.4   Where an Officer has reasonable grounds to believe that a person has contravened any provision of this By-law, the Officer may require the name, address and proof of identity of that person, and the person shall supply that information. Failure to provide sufficient or any identification shall constitute obstruction of the Officer as set out in section 6.2 of this By-law.

6.0    Offences

6.1   Any person, who contravenes or fails to comply with any provision of this By-law is guilty of an offence and upon conviction is liable to a fine as provided for in the Provincial Offences Act, R.S.O. 1990, c. P.33, as amended.

6.2   No person shall hinder or obstruct, or attempt to hinder or obstruct, an Officer who is exercising a power or performing a duty under this By-law.

7.0     Short Title

This By-law shall be known as the “Smoke Free Public Places By-law” 

 8.0     Severability 

8.0  If any provision or part of this By-law is declared by any court or tribunal of competent jurisdiction to be illegal or inoperative, in whole or in part, or inoperative in particular circumstance, the validity of this By-law as a whole or any part thereof, other than that part which is declared invalid, shall not be affected and it shall continue to apply in full force and effect to all other circumstances. 

9.0     Repeal and Rescind

10.0     Force ad Effect

This By-law shall come into force and take effect on the date of enactment.

Enacted this 16^th day of April, 2019.

Original copy signed                                                Original copy signed                   
Rebecca Murphy, Clerk                                             Rob Keffer, Mayor