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HomeMy WebLinkAboutBy-law 4020 County of Bruce Regulate Smoking in Public Places and workplaces • THE CORPORATION OF THE COUNTY OF BRUCE BY -LAW 4020 A BY -LAW TO REGULATE SMOKING IN PUBLIC PLACES AND WORKPLACES IN BRUCE COUNTY WHEREAS Section 115 of the Municipal Act, 2001 (S.O. 2001, c25) as amended authorizes the Council of a municipality to pass a by -law 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; AND WHEREAS a majority of the Councils of the Lower Tier Municipalities within the Corporation of the County of Bruce has approved the passage of such a by law by the County; AND WHEREAS it has been determined that environmental tobacco smoke (exhaled smoke and the smoke from idling 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 in Bruce County; AND WHEREAS it is desirable for the health, safety, and welfare of the inhabitants and workers of the County of Bruce to provide for the prohibiting and abating of smoking and second -hand smoke in accordance with the provisions of this By -Law; NOW THEREFORE THE COUNCIL OF THE COUNTY OF BRUCE ENACTS AS FOLLOWS: PART I 1. DEFINITIONS 1.0 In this by -law, 1.1 "Class "A" Public Place" means an enclosed building or structure or part thereof that is used for the sale and service of food or drink or both food and drink to the public for the consumption on the premises which is licensed under the Liquor License Act, and registered under this by -law, and where no person under the age of nineteen (19) years of age is admitted to the premises, for any reason, at any time. Notwithstanding the requirement that a person under the age of 19 years of age cannot be admitted to a Class A Public Place, an employee of a Class A Public Place must be 18 years of age or older. 1.2 "County" means the County of Bruce; 1.3 "employee" means a person who performs any work for or supplies any service to an Employer and includes a volunteer and a person who is self - employed and employment has a corresponding meaning; 1.4 "employer" means any person who, as the owner, proprietor, manager, contractor, 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 of an Employee; 1.5 "Nursing homes, homes for the aged, homes for special care (if also a nursing home) and charitable homes for the aged" as referred to in the Tobacco Control Act, 1994, and defined in the Nursing Homes Act and the Homes for the Aged and Rest Homes Act. 1.6 "person" includes a corporation; 1.7 "proprietor" means the person who ultimately controls, governs or directs the activity carried on within the premises referred to in Part III , and includes the person actually in charge of a premises at any particular time; 1.8 "public place" means the whole or part of an indoor area, to which the public has access as of right or by invitation, expressed or implied, whether or not a fee is charged for entry and includes public transit vehicles, but does not include an exterior open area that a) was not constructed or intended to be part of the interior of the building and b) has at a minimum, one continuous permanent opening (from ground to canopy) to the outside (no roll down walls of any kind), that comprises at least 25% of the total perimeter of such exterior open area. 1.9 "public transit vehicle" means any vehicle used for transporting the public and includes a school bus and a passenger vehicle used for hire; 1.10 "Royal Canadian Legion" means that part of a chartered Branch of the Royal Canadian Legion to which the public does not have access, express or implied, that operates as not for profit and that operates solely for the benefit and pleasure of its members, that directs it publicity and advertisements to its members and has passed by -laws regulating the admission of persons and the conditions of membership, the fees and dues of members, the issue of membership cards, the suspension and termination of memberships, the qualifications of and the remuneration of directors, the time for and the manner of electing directors and the time, place and notice to be given for the holding of meetings of the members and of the board of directors; 1.11 "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; 1.12 "workplace" means any indoor area or part thereof in which one or more employees work, including any other indoor area utilized by employees and includes a public transit vehicle and any other conveyance in which an employee works and which is provided by an employer, but does not include an exterior open area that a) was not constructed or intended to be part of the interior of the building and b) has at a minimum, one continuous permanent opening (from ground to canopy) to the outside (no roll down walls of any kind), that comprises at least 25% of the total perimeter of such exterior open area. PART II 2. WORKPLACES 2.1 Except as provided in Section 2.2 and Section 2.4 no person shall smoke in any workplace within Bruce County whether or not a No Smoking sign is posted. 2.2 The prohibition set out in subsection 2.1 does not apply to: a) Class "A" Public Place as defined in Part I, Section 1.1 and registered with the County of Bruce according to Subsection 2.3. b) Royal Canadian Legion Branches. c) any part of a workplace that is used as a private residence 2.3 The proprietor of a Class "A" Public Place must register with the County of Bruce and comply with the requirements of the registration to be authorized to permit smoking. Said registration will include a copy of the establishment's current Liquor Licence, name of proprietor, and a written declaration stating no person under the age of nineteen (19) is admitted to the premises, for any reason, at any time. An inspection of the Class A Public Place may also be required. The approval of the County of Bruce must be posted in a conspicuous location. A registration fee of $100 will be charged under the authority of the Municipal Act, Section 220.1, with each new registration. Proprietors will be required to renew their registration annually on or before September 1 a registration fee will not apply in subsequent years. Notwithstanding the requirement that a person under the age of 19 years of age cannot be admitted to a Class A Public Place, an employee of a Class A Public Place must be 18 years of age or older. Not withstanding the requirement that a person under the age of 19 years of age cannot be admitted to a Class A Public Place, an employee of a Class A Public Place must be 18 years of age or older. The County of Bruce reserves the right to revoke a Class "A" registration in the event the proprietor does not comply with the mandatory requirements. 2.4 Nursing Homes, homes for the aged, homes for special care (if also a nursing home) and charitable homes for the aged may have a designated smoking room. If other activities take place in the smoking room, a smoke -free room of at least the same size must also be provided for those activities. 2.5 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 washrooms in the workplace indicating that smoking is prohibited in the workplace; (iv) ensure that no ashtrays or like paraphernalia are placed or permitted to remain in any workplace where smoking is prohibited under this by -law. 2.6 The County of Bruce may revoke a Class "A" application issued under this by -law, a) if it was issued on mistaken, false or incorrect information; b) it it was issued in error; c) if the holder of the registration requests in writing that it be revoked; d) The requirements of registration under Section 2.3 have not been complied with. Notice or revocation of a Class "A" registration shall be given to the holder of the registration by registered mail or personal service and is effective on the 5 day after the date of the Canada Post registration receipt or immediately on the date of personal service on the holder of the registration. Upon the revocation of a Class "A" Public Place registration, no further smoking will be permitted within the premises previously exempted by such registration. PART III 3. PUBLIC PLACES 3.1 No person shall smoke in any public place within Bruce County whether or not a No Smoking sign is posted. 3.2 The prohibition set out in subsection 3.1 does not apply to: e) Class "A" Public Place as defined in Part I, Section 1.1 and registered with the County of Bruce according to Subsection 3.3. f) Royal Canadian Legion Branches. 3.3 The proprietor of a Class "A" Public Place must register with the County of Bruce and comply with the requirements of the registration to be authorized to permit smoking. Said registration will include a copy of the establishment's current Liquor Licence, name of proprieter, and a written declaration stating no person under the age of nineteen (19) is admitted to the premises, for any reason, at any time. An inspection of the Class "A" Public Place may also be required. The approval of the County of Bruce must be posted in a conspicuous location. A registration fee of $100 will be charged under the authority of the Municipal Act, Section 220.1, with each new registration. Proprietors will be required to renew their registration annually on or before September 1 a registration fee will not apply in subsequent years. Notwithstanding the requirement that a person under the age of 19 years of age cannot be admitted to a Class A Public Place, an employee of a Class A Public Place must be 18 years of age or older. The County of Bruce reserves the right to revoke a Class "A" registration in the event the proprietor does not comply with the mandatory requirements. 3.4 Nursing Homes, homes for the aged, homes for special care (if also a nursing home) and charitable homes for the aged may have a designated smoking room. If other activities take place in the smoking room, a smoke -free room of at least the same size must also be provided for those activities. 3.5 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 washrooms 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 where smoking is prohibited under this by -law. 3.6 The County of Bruce may revoke a Class "A" application issued under this by -law, a) if it was issued on mistaken, false or incorrect information; b) if it was issued in error; c) if the holder of the registration requests in writing that it be revoked; d) The requirements of registration under Section 3.3 have not been complied with. Notice or revocation of a Class "A" registration shall be given to the holder of the registration by registered mail or personal service and is effective on the 5th day after the date of the Canada Post registration receipt or immediately on the date of personal service on the holder of the registration. Upon the revocation of a Class "A" Public Place registration, no further smoking will be permitted within the premises previously exempted by such registration. PART IV 4. SIGNAGE REQUIREMENTS 4.1 Every employer and every proprietor shall post and maintain in conspicuous locations at each entrance to the facility and in the washrooms, a sign at least 14 centimetres (5.5 inches) by 14 centimetres (5.5 inches) in size, that includes depiction of the international no smoking symbol at least 7.5 centimetres (3 inches), and lettering at least 0.8 centimetres (5/16 inch) high and at least 0.2 centimetres (1/16 inch) wide at the narrowest point, with the rest of the letter sized proportionately, which reads "County of Bruce; By -law ( #); Maximum Fine ($). 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 and consist 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. PART V 5. OFFENCES AND ENFORCEMENT 5.1 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 of not more than Five Thousand ($5,000.00), as provided for in the Provincial Offences Act. 5.2 Any Proprietor who fails or neglects to perform the duties imposed by this by -law is guilty of an offence as provided for in the Provincial Offences Act. 5.3 Any Employer who fails or neglects to perform the duties imposed by this by -law is guilty of an offence as provided for in the Provincial Offences Act. PART VI 6. CONFLICTS 6.1 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 VII 7. SEVERABILITY 7.1 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 County Council 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 therefrom and to be enacted as such. PART VIII 8. REGISTRATION FEE 8.1 Class "A" Public Places will be required to register under this by -law. The registration fee, charged under the authority of the Municipal Act Section 220(1), will be $100.00. This registration fee is required in order to process the registration and will require the following: (i) Copy of current liquor licence (ii) Name of proprietor (iii) Written declaration that the premises meet the definition of Class "A" Public Place according to Section 1.1 (iv) An inspection of the premises if required (v) Agreement to immediately notify the County of Bruce if there is any change to the current Liquor License PART IX 9. EFFECTIVE DATE 9.1 This By -Law shall come into effect upon third and final reading thereof and shall come into force: a. upon a majority of the Councils of all its Lower Tier Municipalities within the County having passed resolutions giving their consent to the by -law; and b. that the total number of electors in the Lower Tier Municipalities that pass resolutions under Clause "a" form a majority of all the electors in the County. READ A FIRST AND SECOND TIME THIS 5 DAY OF JUNE, 2003. READ A THIRD TIME AND FINALLY PASSED AND SEALED THIS 5 DAY OF JUNE, 2003. Ra(ph Kreutziwiser Wayne Jamieson Warden Deputy -Clerk