Kingston | Ontario

Bylaw No. 2002-231, A Bylaw to Regulate Smoking in Public Places and Workplaces in the City of Kingston – as amended by Bylaw No. 2004-336 (Consolidated) By-Law No. 2012-150, A By-Law to Amend By-Law No. 2002-231, “A By-Law to Regulate Smoking in Public Places and Workplaces in the City of Kingston as Amended”

Original Bylaw: Smoking was only prohibited on patios. Amended Bylaw: The amending bylaw prohibits smoking in all municipal parks, trails, playing fields, sports fields, swimming pools, beaches and playgrounds, seating areas of stadiums, and within 9m of entrances to municipal buildings, within 3m of all buildings accessible to the public, and at bus transfer stops and stations. The bylaw addresses doorways, but does not mention air Intakes and operable windows. A new clause was added to the amended bylaw: “AND WHEREAS the establishment of a community standard of smoke-free public places assists in denormalizing tobacco use and promotes a tobacco-free culture…” This clause entrenches in the bylaw a key reason for regulating smoking in public and educates constituents at the same time.

Products Included

Cigarettes, Cigars, Pipes


“Smoke” and “smoking” include the carrying or holding of a lighted cigar, cigarette, pipe, or any other lighted smoking equipment. “Park” means any land, owned or leased or controlled by the City, designed or used for public recreation including but not limited to; trails, gardens, playgrounds, sports fields, playing fields, swimming pools and beach areas. “Public place” means the whole or part of any building, place or area to which members of the general public are invited or permitted access but does not include any area located on a highway. “Sports field” means an area set aside for use in sports requiring an open field space and includes seating areas from which the field is visible.

Places Smoking Prohibited

Doorways, air intakes, operable windows
Municipal Property
Patios - Restaurants and Bars
Playgrounds, which may include Splash Pads and Wading Pools
Sports and Recreational Fields and Facilities
Transit Shelters/Stops

Buffer Zones

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

Policy Analysis

This bylaw is considered leading edge because it prohibits smoking on beaches and trails. Furthermore, it is also technically leading edge because the bylaw includes a 3 m smoke-free zone around all buildings to which the public has access, which also includes multi-unit housing. However, 3 m is not a great enough distance to prevent the smoke from entering the building, creating a nuisance or health hazard for people entering and exiting. At least 7 m is recommended based on outdoor SHS scientific research.

Date Passed: October 22, 2002

Date in Force: May 1, 2003

Date Last Amended: November 6, 2012

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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