Kirkland Lake | Ontario

Bylaw 13-072, Being a Bylaw to Prohibit Smoking in Children’s Playgrounds and on Joe Mavrinac By-Law No. 2013-58-1 amending By-Law No. 2013-58 concerning parks and public places in order to ban the use of electronic cigarettes in public buildings. Community Complex Property Within Town of Kirkland Lake (Short title: Smoke-Free Recreation Space Bylaw) Bylaw 12-065, Being a Bylaw to Prohibit Smoking in Children’s Playgrounds Within Town of Kirkland Lake – REPEALED 13/08/2013

Smoking is prohibited on playground property owned and/or operated by the Town of Kirkland Lake and on the grounds of the Joe Mavrinac Community Complex. The specific playgrounds are named in the bylaw and include splashpads and soccer fields. On 2 March 2015, Kirkland Council introduced a Notice of Motion By-Law No. 2013-58-1 amending By-Law No. 2013-58 concerning parks and public places in order to ban the use of electronic cigarettes in public buildings. In this case, “public” means “municipal.” Smoking restrictions regarding other workplaces and public places fall under provincial jurisdiction.

Products Included

Cigarettes, Cigars, Pipes, Other Tobacco Products, Other Weeds and Substances

Definitions

“Smoke” or “Smoking” includes the carrying of a lighted cigar, cigarette, pipe or any other lighted smoking equipment or product. “Tobacco product” means tobacco in any processed or unprocessed form that may be smoked, inhaled or chewed, including snuff, and includes any other type of tobacco product substitute such as herbal cigarettes.

Places Smoking Prohibited

Playgrounds, which may include Splash Pads and Wading Pools
Sports and Recreational Fields and Facilities

Policy Analysis

This bylaw is considered leading edge by virtue of its definition of tobacco products, which includes other weeds or substances. Also, the bylaw includes a useful clause that states, “If any provision or part of a provision 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 circumstances, the balance of the By-law, or its application in other circumstances, shall not be affected and shall continue to be in full force and effect.” The bylaw may soon be amended to prohibit the use of electronic cigarettes in municipal buildings as a notice of motion to that effect has been introduced. Naming specific properties in a bylaw where smoking is prohibited is not recommended, as it leaves the door open to compliance and enforcement issues. It also means that the bylaw has to be amended if the name of a property changes. It is considered better form to prohibit smoking everywhere, and then name any exceptions.

Date Passed: August 13, 2013

Date in Force: August 13, 2013

Date Last Amended:

Leading Edge: Yes

Level of Government: Municipal

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

Bylaw Under Development? No

Supporting Information

Please find contact information related to this bylaw, and links to supporting materials.

Contact: edd@tkl.ca or 705-567-9361

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