Peel Region | Ontario

Bylaw Number 30-2016 – A bylaw to regulate waterpipe smoking in the Regional Municipality of Peel

Peel Regional Council has passed a bylaw to prohibit the use of waterpipes (also known as hookah) in enclosed public places, enclosed workplaces, restaurants and bar patios, schools, playgrounds, and outdoor sporting areas and their spectator seating within Peel region.

Waterpipe use is also prohibited in any publicly owned area within 20 metres of any point on the perimeter of a playground, sporting area or spectator area adjacent to a sporting area, as defined in the bylaw.

Having been consented to by all of the municipalities in the Region (Brampton, Caledon and Mississauga), the bylaw will take effect on November 1, 2016.

Note: As of late October 2016, several hookah lounge owners in Mississauga were challenging the bylaw in court. Although the bylaw came into effect on 1 November 2017, the Region has decided to defer enforcement until 27 January 2017.

 

Products Included

Waterpipes

Definitions

“Playground” means an area where the public is ordinarily invited or permitted access, either expressly or by implication, whether or not a fee is charged for entry, that is primarily used for the purposes of children’s recreation, and is equipped with children’s play equipment including but not limited to slides, swings, climbing apparatuses, splash pads, wading pools, or sand boxes.

 

“Restaurant or Bar Patio” means an area where the public is ordinarily invited or permitted access, either expressly or by implication, whether or not a fee is charged for entry, or that is worked in or frequented by employees during the course of their employment, whether or not they are acting in the course of their employment at the time, and where food or drink is served or sold or offered for consumption, or that is part of or operated in conjunction with an area where food or drink is served or sold or offered.

“School” means the lands or premises included in the definition of a school under the Education Act, R.S.O. 1990, c. E.2 or the building or the grounds surrounding the building of a private school as defined in the Education Act, where the private school is the sole occupant of the premises, or the grounds annexed to a private school as defined in the Education Act, where the private school is not the sole occupant of the premises.

“Spectator Area” means an area with tiered seating or benches.

“Smoke” or “Smoking” includes the use or carrying of any lighted or heated Waterpipe as well as the fumes or byproducts of heating or combustion associated with Waterpipe use.

“Sporting Area” means an area where the public is ordinarily invited or permitted access, either expressly or by implication, whether or not a fee is charged for entry, used primarily for the purposes of sports including, but without being limited to soccer, football, basketball, tennis, baseball, softball, cricket, skating, beach volleyball, running, swimming, or skateboarding.

“Waterpipe” means any lighted or heated smoking equipment used to burn or heat tobacco or a non-tobacco substance or a combination thereof, with which the vapor or smoke may be passed through a water basin before inhalation.

Places Smoking Prohibited

Patios - Restaurants and Bars
Playgrounds, which may include Splash Pads and Wading Pools
Sports and Recreational Fields and Facilities
Waterpipes (indoors)
Waterpipes (outdoors)

Buffer Zones

Patios - Buffer Zone 11-20 m
Playgrounds - Buffer Zone 11-20 m
Sports and Recreational Fields and Facilities - Buffer Zone 11-20 m

Policy Analysis

This is a leading edge bylaw because it prohibits the use of waterpipes both indoors and outdoors, as well as within 20 m of patios,  playgrounds, sports fields and their spectator areas.

Although the Smoke-Free Ontario Act does not address waterpipes, Peel Region has cited in its preamble subsection 11(2) of the Municipal Act, 2001, S.O. 2001, c. 25, which gives upper tier municipalities the authority to pass by-laws respecting the health, safety and well-being of persons.

Date Passed: April 28, 2016

Date in Force: November 1, 2016

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

905-799-7700

Supporting Materials

Bylaw

News Release

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