| THE REGIONAL MUNICIPALITY OF PEEL |
| BY-LAW NUMBER 14-2003 |
|
A by-law
to regulate the smoking of tobacco in public places and workplaces within
the municipality.
|
WHEREAS it has been determined that
environmental tobacco smoke (exhaled smoke and the smoke from lighted cigarettes,
cigars or pipes), also known as second-hand smoke, is a health hazard because
of its adverse effects and risk to the health of the inhabitants and workers
of the Region of Peel;
AND WHEREAS the Medical Officer of Health for the Region of Peel has declared that second-hand smoke is a serious health hazard for adults, children and employees;
AND WHEREAS it is desirable for the health, safety, and welfare of the inhabitants and workers of the Region of Peel to provide for the prohibiting and abating of smoking and second-hand smoke in accordance with the provisions of this By-law;
AND WHEREAS section 115 of the Municipal Act, 2001, S.O. 2001, c.25 as amended, authorizes the Councils of Regional municipalities to pass by-laws regulating the smoking of tobacco in public places and workplaces within the municipality and designating public places or workplaces or classes or parts of such places as places in which smoking tobacco or holding lighted tobacco is prohibited;
NOW THEREFORE the Council of the
Region of Peel hereby ENACTS as follows:
DEFINITIONS
1. In this By-law:
"Brampton" means the Corporation of the City of Brampton;
"Caledon" means the Corporation of the Town of Caledon;
"Class "A" Public Place" means a building or structure or part thereof used for the sale and service of food or drink or both food and drink to the public for consumption on the premises which includes but is not limited to:
(1) a dinner theatre;
(2) a restaurant;
(3) a banquet hall;
(4) a food court or indoor patio;"Class "B" Public Place" means a building or structure or part thereof used as a bowling centre, skating rink, curling club, or other similar use;
"Class "C" Public Place" means a building or structure or part thereof used for playing billiards and where the principal business is the provision of billiard tables for direct or indirect hire or gain, which may include but is not limited to a billiard hall;
"Class "D" Public Place" means a building or structure or part thereof used for the playing of games of chance as defined by the Gaming Control Act, 1992, S.O. 1992, c. 24, as amended, which may include but is not limited to:(1) a bingo hall;
(2) a casino;"Class "E" Public Place" means a building or structure or part thereof used for the sale and service of food or drink or both food and drink to the public for consumption on the premises, and which has been licensed by the Liquor Control Board of Ontario, and where no patron under the age of nineteen (19) years of age is admitted, which may include but is not limited to:
(1) a bar or tavern;
(2) an entertainment lounge;
(3) a night club;"common area" means that part of any building or structure including a commercial or retail establishment, residential condominium or multiple dwelling unit apartment building, other than a dwelling unit, to which the public may have access, whether as of right or by invitation, express or implied and includes, but is not limited to, a reception area for receiving or greeting customers, clients, patients, guests or other persons, elevators, escalators, hallways, stairwells, foyers, lobbies, laundry rooms and amenity areas;
"designated smoking room" is a room within a building or structure or part thereof that is completely enclosed on all sides and separately ventilated as required by the provisions of this By-law;
"elector(s)" shall have the same meaning as in section 115 of the Municipal Act, 2001, S.O. 2001, c.25 as amended;
"employee" means any person who:
(1) performs any work or supplies any services to an employer with or without remuneration; or
(2) is self-employed; or
(3) is a volunteer;"employer" means any person who, as the owner, proprietor, manager, superintendent, or overseer of any activity, business, work, trade, occupation or profession, has control over or direction of or is directly or indirectly responsible for the employment or services of a person, whether paid or unpaid, therein;
"enclosed" means closed in by a roof or ceiling and walls with an appropriate opening or openings for ingress and egress;
"food court or indoor patio" means an area located within a public place that is used in conjunction with a restaurant or take-out eating establishment, where unenclosed seating accommodation is provided or where meals or refreshments are consumed by the public;
"Medical Officer of Health" means the Medical Officer of Health for the Regional Municipality of Peel, duly appointed under the Health Protection and Promotion Act, R.S.O. 1990, c. H.7, as amended, and includes any staff acting on his or her behalf;
"Mississauga" means the Corporation of the City of Mississauga;"proprietor" means any person who owns, occupies or ultimately controls, governs or directs the activity carried on within a public place, and includes the person actually in charge of the premises;
"public place" means the whole or part of an indoor area, whether covered by a roof or not, to which the public has access as of right or by invitation, express or implied, including transit shelters, public transit vehicles, public washrooms and common areas and includes Class "A" to Class "E" Public Places as defined in this By-law;
"public transit vehicle" means any vehicle used for transporting the public and includes a school bus and a passenger vehicle used for hire;
"Region" or "Region of Peel" means the Regional Municipality of Peel;
"smoke" or "smoking" includes the carrying of a lighted cigar, cigarette, pipe or any other lighted smoking equipment but does not include smoke or smoking where smoke or smoking is used in a stage production or theatrical performance;
"workplace" means any enclosed area of a building or structure other than a private residence in which an employee works and includes any vehicle in which an employee works which is provided by the employer, but does not include the business facilities owned and operated by:
(a) Daimler Chrysler Canada Inc., at 2000 Williams Parkway East, Brampton; and
(b) Rothmans, Benson and Hedges Inc. at 174 Kennedy Road South, Brampton.
WORKPLACE REQUIREMENTS
| 2. | (1) | No person shall smoke in a workplace. |
| (2) | Where a workplace is also a public place, the provisions of this By-law respecting public places shall prevail. |
EMPLOYER OBLIGATIONS
| 3. | Every employer shall: | |
| (1) | prohibit smoking in the workplace; | |
| (2) | prohibit ashtrays and like paraphernalia in any area of the workplace; and | |
| (3) | post signs in a conspicuous location at every entrance to the workplace indicating that smoking is prohibited in the workplace. | |
PUBLIC PLACE REQUIREMENTS
| 4. | (1) | No person shall smoke in a public place. | |
| (a) | Notwithstanding subsection (1), a person may smoke in a designated smoking room in Class "A", "B", "C", "D", and "E" Public Places where permitted by this By-law. | ||
| (2) | For the purposes of this section, access to the designated smoking room must not be required by the public for thoroughfare to the washrooms, food service areas or entrances. | ||
| (3) | No designated smoking room shall occupy more than: | ||
| (a) | 25% of the seating area available for patrons in a Class "A" and Class "B" Public Place; | ||
| (b) | 25% of the floor space occupiable by patrons for a Class "C" or Class "E" Public Place; | ||
| (c) | 50% of the seating area available for patrons in a Class "D" Public Place. | ||
| (4) | Despite this section, a proprietor of a Class "C" Public Place may establish one unenclosed smoking area no greater in size than 25% of the floor space occupiable by patrons, easily identifiable by way of walls, movable partitions or other physical delineation and not in the center of an open space. | ||
| (5) | Despite this section, a proprietor of a Class "D" Public Place may establish one unenclosed smoking area no greater in size than 50% of the seating area available for patrons, easily identifiable by way of walls, movable partitions or other physical delineation and not in the center of an open space. | ||
| (6) | Despite this section, a proprietor of a Class "E" Public Place may establish one unenclosed smoking area no greater in size than 25% of the floor space occupiable by patrons, easily identifiable by way of walls, movable partitions or other physical delineation and not in the center of an open space. | ||
| (7) | Where smoking areas are permitted in: | ||
| (a) | a hospital as defined in the Public Hospitals Act; | ||
| (b) | a private hospital as defined in the Private Hospitals Act; | ||
| (c) | a psychiatric facility under the Mental Health Act or Mental Hospitals Act; | ||
| (d) | a nursing home as defined in the Nursing Homes Act; | ||
| (e) | a home special care as defined in the Homes for Special Care Act; | ||
| (f) | an approved charitable institution as defined in the Charitable Institutions Act; | ||
| (g) | a home as defined in the Homes for the Aged and Rest Homes Act; or | ||
| (h) | a place belonging to a prescribed class, | ||
|
pursuant to the Tobacco Control Act, 1994, S.O. 1994, c. 10, as amended, the provisions of that Act shall prevail. |
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PROPRIETOR OBLIGATIONS
5. Every proprietor of a public place shall:
(1) prohibit smoking except where smoking is permitted;
(2) post a "Health Warning" sign as provided for in subsection 9(1) of this By-law in a conspicuous place at every entrance to every designated smoking room;
(3) post "No Smoking" signs as provided for in subsection 9(2) of this By-law conspicuously throughout the establishment where smoking is prohibited;
(4) prohibit ashtrays and like paraphernalia in areas where smoking is prohibited;
(5) clearly identify unenclosed smoking areas by way of walls, moveable partitions or other physical delineations;
(6) prohibit the entry of persons under the age of eighteen (18) years to any designated smoking room; and
(7) post an "Age Restriction" sign as provided for in subsection 9(3) of this By-law in a conspicuous place at the entrance to every designated smoking room.
DESIGNATED SMOKING ROOM REQUIREMENTS
6. A designated smoking room shall:
(1) be completely enclosed on all sides by solid floor-to-ceiling walls, windows or solid floor-to-ceiling partitions; and
(2) be equipped with a separate ventilation system that:
| (a) | maintains a minimum ventilation rate of thirty (30) litres per second per person, based on the maximum occupancy; | |
| (b) | is ventilated directly to the outside air; | |
| (c) | is exhausted at a rate of at least one hundred and ten percent (110%) of supply; | |
| (d) | is no less than three (3) metres from any air intake or opening; and | |
| (e) | is in operation at all times when the public place is occupied by at least one person; and |
(3) have its doors, windows and other entry and exit points closed at all times except so as to permit the temporary entry or exit of persons.
7. In addition, in Class "D"
Public Places:
(1) no employees or volunteers shall be required to enter the designated smoking room while smoking is taking place; and
(2) no patrons shall be required to enter the designated smoking room in order to access food services, washrooms and similar common areas.
DESIGNATED SMOKING ROOMS--REPORTING REQUIREMENTS
| 8. | (1) | Every proprietor of a public place that purports to have a designated smoking room shall, within 60 days of the written request of a municipal law enforcement officer, produce to the Medical Officer of Health, a report from a qualified individual meeting the requirements of subsection 8(2) which confirms to the satisfaction of the Medical Officer of Health that each designated smoking room complies with the requirements of this By-law. No proprietor who fails to provide such report to the Medical Officer of Health within the time limits specified in this sub-section can claim the status of a designated smoking room in accordance with this By-law. | ||
| (2) | For greater certainty, each report required by subsection 8(1) herein shall contain at least the following information: | |||
| (a) | for every designated smoking room in a Class "A", "B" or "D" Public Place, a calculation in square feet and square meters of the seating area available for patrons in the public place and in the designated smoking room; | |||
| (b) | for every designated smoking room in a Class "C" or "E" Public Place, a calculation in square feet and square meters of the floor space occupiable by patrons in the public place and in the designated smoking room; and | |||
| (c) | for each designated smoking room, written confirmation: | |||
| 1. | of the location by municipal address of the designated smoking room; | |||
| 2. | of the maximum permissible occupancy; | |||
| 3. | of the minimum ventilation rate in litres per second; | |||
| 4. | that the designated smoking room is ventilated directly to the outside air; | |||
| 5. | that the air in the designated smoking room is exhausted at the rate of at least one hundred and ten percent (110%) of supply; | |||
| 6. | that the ventilation system is located at least three (3) meters from any air intake or opening; | |||
| 7. | that the ventilation system is functioning properly; and | |||
| 8. | that the designated smoking room complies with the requirements of the appropriate lower-tier municipality. | |||
SIGNAGE REQUIREMENTS
| 9. | (1) | Where a health warning sign is required to be posted under this By-law, the sign shall carry the text "HEALTH WARNING - This area contains tobacco smoke which causes cancer, heart disease, and can harm your baby" and display the graphic symbol having the measurements, proportions and characteristics as illustrated in Schedule "A". |
| (2) | Where a no smoking sign is required to be placed or posted under this By-law, the sign shall have the proportions, characteristics and minimum measurements as set out in Schedule "B" and consist of two (2) contrasting colours, or if the lettering and graphic symbol is to be applied directly to the surface or to be mounted on a clear panel, the lettering and graphic symbol shall contrast with the background colour. | |
| (3) | Where an age restriction sign is required to be placed or posted under this By-law, the sign shall carry the text "Admittance Restricted to Persons 18 Years of Age and Over" and display the graphic symbol having the measurements, proportions and characteristics as illustrated in Schedule "C". |
OFFENCES
| 10. | Any person who contravenes any provisions of this By-law is guilty of an offence and upon conviction is liable to a fine in accordance with the Provincial Offences Act, R.S.O. 1990, c.P.33, as amended. |
IMPLEMENTATION DATES
| 11. | (1) | This By-law shall come into full force and effect on June 1, 2003 or as soon thereafter as: | |
| (a) | it has been passed by Regional Council; and | ||
| (b) | the majority of the Councils in the lower-tier municipalities of Mississauga, Brampton and Caledon pass resolutions consenting to the By-law; and | ||
| (c) | the total number of electors in the lower-tier municipalities that pass resolutions consenting to the By-law under clause 11(1)(b) form a majority of all electors in the Regional Municipality of Peel. | ||
| (2) | Subsections 4(4), 4(5), 4(6) and 5(5) shall cease to be of full force and effect on June 1, 2004 and shall be deemed to be automatically repealed upon that date, without further amendment to this By-law. For greater clarity, as of June 1, 2004, unenclosed smoking areas will no longer be permitted in public places. | ||
| (3) | Subsections 4(1)(a), 4(2), 4(3), 5(2), 5(6) and 5(7), sections 6, 7 and 8 shall cease to be of full force and effect on June 1, 2010 and shall be deemed to be automatically repealed upon that date, without further amendment to this By-law. For greater clarity, as of June 1, 2010, designated smoking rooms will no longer be permitted in public places. | ||
SEVERABILITY OF SECTIONS
| 12. | If any section or sections of this By-law, or parts thereof are found by any Court of competent jurisdiction to be illegal or beyond the power of Council to enact, such section or sections or parts thereof shall be deemed to be severable from this By-law and all other sections or parts of this By-law shall be deemed to be separate and independent therefrom and to be properly enacted and to be of full force and effect. |
ENFORCEMENT
| 13. | (1) | A municipal law enforcement officer, or public health inspector acting under the direction of the Medical Officer of Health, may enter and inspect all buildings, structures or parts thereof that are subject to this By-law at any reasonable time for the purposes of determining whether there is compliance with this By-law. |
| (2) | Despite subsection (1), a municipal law enforcement officer, or public health inspector acting under the direction of the Medical Officer of Health, shall not exercise a power to enter a place or part of a place that is used as a dwelling unless there is compliance with section 115 of the Municipal Act, 2001, S.O. 2001, c.25, as amended. |
SCHEDULES
14. Schedules "A", "B" and "C" attached hereto form part of this By-law.
15. This By-law may be referred to
as the "Region of Peel's Smoke-free By-law".
READ THREE TIMES AND FINALLY PASSED
IN OPEN COUNCIL this 22nd day of May, 2003
| B.
Zeran ________________________ Regional Clerk |
E.
Kolb ______________________ Regional Chair |
Click on link below for Schedule A
Click on link below for Schedule B
Click on link below for Schedule C