Niagara Region | Ontario

By-law No. 112-2013, A regional by-law to protect children and vulnerable persons from exposure to outdoor second-hand smoke

The Niagara Region of Ontario is a regional municipal government that serves the communities of Fort Erie, Grimsby, Lincoln, Niagara-on-the-Lake, Niagara Falls, Pelham, Port Colborne, St. Catharines, Thorold, Wainfleet, Welland and West Lincoln. The bylaw was received and approved by Regional Council on October 10, 2013. However, for the Region to pass the bylaw, it had to go through a triple majority vote, which requires a majority vote in favour of the bylaw at regional council; a majority of the lower-tier municipalities must pass their own resolutions consenting to the bylaw; and the number of electors in those municipalities that pass consenting resolutions must represent a majority of all electors in the region. By February 13, 2014 the proposal had received support from 11 of the 12 town and city councils, thereby allowing the bylaw to come into effect. The bylaw prohibits smoking in parks, playgrounds, sports or playing fields, arenas, recreational centres, bus shelters, splash pads, pools and any area that is within a 9 metre radius of an entrance to or exit from a building located on any property owned, leased or controlled by the Niagara Region or any area municipality. The bylaw does not mention operable windows or air intakes. According to news reports, the Region has budgeted $90,000 in expenses: $30,000 for new signage and the rest for public education. An education campaign was launched on May 22, 2014. Public education will be the focus for the first year, before warnings and fines are imposed.

Products Included

Cigarettes, Cigars, Pipes, Waterpipes

Definitions

“Outdoor public place” means any property owned, leased or controlled by the Niagara Region or any area municipality, including without limitation parks, playgrounds, sports or playing fields, arenas, recreational centres, bus shelters, splash pads, pools and any area that is within a 9 m radius of an entrance to or exit from a building located on any property owned, leased or controlled by the Niagara Region or any area municipality, whether or not a “No Smoking” sign is posted, but does not include the following: a. highways; b. road allowances abutting a regional or municipal property; c. municipal sidewalks, save and except for that portion of any municipal sidewalk that is within a 9 metre radius of any entrance to or exit from a building located on any property owned, leased or controlled by the Niagara Region or any area municipality; d. parking lots or any area designated for the parking of motor vehicles; e. beaches; f. walking or hiking trails; g. rights-of-way; and h. residential dwellings owned, operated or subsidized by Niagara Regional Housing or an area municipality. “Smoke” or “smoking” includes the holding of tobacco or other lighted smoking material or equipment while the product is alight or emitting smoke “Tobacco” includes pipe tobacco, water-pipe tobacco, cigarettes, cigars, cigarillos or any similar product made with or containing tobacco.

Places Smoking Prohibited

Doorways, air intakes, operable windows
Parks
Playgrounds, which may include Splash Pads and Wading Pools
Sports and Recreational Fields and Facilities
Transit Shelters/Stops
Waterpipes (outdoors)

Buffer Zones

Doorways, Air Intakes and Operable Windows - Buffer Zone 1-10 m

Policy Analysis

This bylaw is considered leading edge because it includes waterpipes, even though the smoking restrictions only pertain to outdoor public places.

Enforcement

A working group has been established to provide a platform to discuss, identify and address issues related to communications, implementation and enforcement of the bylaw.

Date Passed: October 13, 2013

Date in Force: February 13, 2014

Date Last Amended:

Leading Edge: Yes

Level of Government: Municipal

Smoke-free Ontario Act Status: Exceeds Smoke-free Ontario Act

Bylaw Under Development? No

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