THE CORPORATION OF THE MUNICIPALITY OF CALLANDER
BY-LAW NO. 2004-889
Being a by-law to regulate smoking in Public Places and Workplaces in the Corporation of the Municipality of Callander.
WHEREAS Section 115 of the Municipal Act, 2001, S.O. 2001, c.25 (as amended), authorizes the Council of a local municipality to pass a by-law to prohibit or regulate 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 Corporation of the Municipality of Callander hereby enacts as follows:-
PART 1
1. DEFINITIONS
1.0 In this by-law,
1.1 “Municipality” means The Corporation of the Municipality of Callander;
1.2 “employee” means a person who performs any work for or supplies any service to an employer, or a person who receives any instruction or training in the activity, business, work, trade, occupation or profession of an employer and includes a volunteer and a person who is self-employed and “employment” has a corresponding meaning;
1.3 “employer” means any person who, as the owner, proprietor, manager, contractor, superintendent, supervisor 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 of an employee;
1.4 “inspector” means any employee or class of employee of the North Bay and District Health Unit authorized by the Medical Officer of Health to carry out an inspection under and to enforce the provisions of this By-law, or a person or class of person appointed by Council of the Municipality as a by-law enforcement officer to enforce this by-law;
1.5 “outdoor patio” means an outdoor area or partially enclosed outdoor area thAT is adjacent to an establishment where food or beverages are sold and where food or beverages, or both, are consumed by the public;
1.6 “person” includes a corporation;
1.7 “proprietor” means the person who ultimately controls, governs or directs the activity carried on within a public place and includes the person actually in charge of the premises at any particular time;
1.8 “public place” means any building, structure, vessel, vehicle or conveyance, or part thereof, whether covered by a roof or not, to which the public has access as of right or by invitation, expressed or implied, whether or not a fee is charged for entry but does not include an outdoor patio or a street, road or highway;
1.9 “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 of a theatrical performance;
1.10 “workplace” means a building, structure, vessel, vehicle or conveyance or part thereof in which one or more employees work, including any other area utilized by employees but does not include an outdoor patio or a street, road or highway.
PART II
2. WORKPLACES
2.1 No person shall smoke in any workplace within the Municipality whether or not a No Smoking sign is posted.
2.2 Every employer shall:
(i) ensure compliance with this by-law;
(ii) give notice to each employee in the workplace that smoking is prohibited in the workplace;
(iii) post No Smoking signs in accordance with Part IV of this by-law in conspicuous locations at every entrance and in every washroom in the workplace indicating that smoking is prohibited in the workplace; and
(iv) ensure that no ashtrays or like paraphernalia are placed or permitted to remain in any part of the workplace.
2.3 Sections 2.1 and 2.2 do not apply to:-
(i) a part of a workplace that is used as a private residence;
(ii) a room in a hotel, motel or other place where rooms are rented for sleeping accommodation, provided the room is used for sleeping accommodation only and the room is designated and specifically set aside as a room in which smoking is permitted;
(iii) a workplace located in a dwelling where the only employees of that workplace are persons who live in the dwelling; or
(iv) an area that is set aside for smoking, if the area is in a premises referred to in subsection 6(3), (5) or (6) of Ontario Regulation 613/94 and the area meets the requirements of those subsections and subsections 6(1) and (2) of Ontario Regulation 613/94.
PART III
3. PUBLIC PLACES
3.1 No person shall smoke in any public place within the Municipality whether or not a No Smoking sign is posted.
3.2 Every proprietor of a public place shall:-
(i) ensure compliance with this by-law;
(ii) give notice to each person in the public place that smoking is prohibited in the public place;
(iii) post No Smoking signs in accordance with Part IV of this by-law in conspicuous locations at every entrance and in every washroom in the public place indicating that smoking is prohibited in the public place;
(iv) ensure that no ashtrays or like paraphernalia are placed or permitted to remain in any public place;
3.3 Sections 3.1 and 3.2 do not apply to a room in a hotel, motel or other place where rooms are rented for sleeping accommodations, provided the room is used for sleeping accommodation only and the room is designated and specifically set aside as a room in which smoking is permitted.
PART IV
4. SIGNAGE REQUIRED
4.1 Every employer and every proprietor shall post and maintain in conspicuous locations at each entrance to the facility and in every washroom, a sign at least 14 centimetres (5.5 inches) by 14 centimetres (5.5 inches) in size that includes:-
(i) depiction of the international No Smoking symbol at least 7.5 centimetres (3 inches);
(ii) lettering at least 0.8 centimetres (5/16 inch) high and at least 0.2 centimetres (1/16 inch) wide at the narrowest point; and
(iii) with the rest of the letter sized` proportionately, which reads “Municipality of Callander; Maximum Fine ($5000)”.
4.2 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 Section 4.1 as depicted in Schedule ‘A’ and consists of two (2) contrasting colours, or if the lettering and graphic symbol is to be applied directly to surface or to be mounted on a clear panel, the lettering and graphic symbol shall contrast with the background.
4.3 Despite the fact that the symbol referred to in Schedule ‘A’ is a cigarette, it may include a lighted cigar, cigarette, pipe or any other lighted smoking instrument.
4.4 Deviations from the colour or content of the sign prescribed by this section that do not affect the substance or that are not calculated to mislead do not vitiate the sign.
4.5 Any sign prohibiting smoking that refers to an old by-law of the Municipality is deemed to be referring to this by-law.
PART V
5. INSPECTIONS
5.1 An inspector may, at any reasonable time, enter any public place or workplace for the purposes of determining compliance with this by-law.
PART VI
6. OFFENCES AND ENFORCEMENT
6.1 Any person who contravenes any of the provisions of this by-law is guilty of an offence and upon conviction is liable to a fine or not more than Five Thousand Dollars ($5,000.00) as provided for in the Provincial Offences Act, R.S.O. 1990, chapter 33, or any successor thereof.
6.2 If this by-law is contravened and a conviction entered, the court in which the conviction has been entered and any court of competent jurisdiction thereafter may, in addition to any other remedy and to any penalty that is imposed, make an order prohibiting the continuation or repetition of the offence by the person convicted.
PART VII
7. CONFLICTS
7.1 If a provision of this by-law conflicts with an Act or Regulation or another by-law, the provision that is the most restrictive of smoking shall prevail.
PART VIII
8. SEVERABILITY
8.1 If any section or sections of the by-law or parts thereof, are found in any court of law to be illegal or beyond the power of the Municipality to enact, such section or sections or parts thereof shall be deemed to be severable and all other sections or parts of the by-law shall be deemed to be separate and independent thereof and have been enacted as such.
PART IX
9. REPEAL
9.1 That By-law No. 2003-845 is hereby repealed.
PART X
10. EFFECTIVE DATE
10.1 This by-law shall come into effect at midnight on September 15th, 2004.
READ A FIRST TIME THIS 16TH DAY OF MARCH, 2004.
READ A SECOND TIME THIS 16TH DAY OF MARCH, 2004.
READ A THIRD TIME AND FINALLY PASSED THIS 16TH DAY OF MARCH, 2004.
MAYOR, William Brazeau
CLERK, Judy Gauthier
SCHEDULE ‘A’ to BY-LAW 2004-889
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