Smoking is prohibited:
- On outdoor patios;
- On public transit including a school bus, passenger bus, ferry or rapid transit;
- Within 7.5 m of any public or workplace entryway, opening window or air intake;
- In a customer service area (means a partially enclosed or unenclosed area including a balcony, patio, yard or sidewalk connected to or associated with a business that serves food or alcoholic drinks);
- Within 7.5 m of the perimeter of a customer service area; or
- In any outdoor public place (includes playgrounds, playing fields, sport venues, stadiums, sports facilities, beaches, parks, walking trails, areas where people wait to board public transportation, etc.).
Broad definition of smoking is not exclusive to tobacco and specifically includes waterpipes.
“A person must not smoke … Except … In a smoking club, as defined in this bylaw, where sufficient ventilation is provided and maintained so as to ensure that second-hand smoke does not enter other portions of the building in which the smoking club is located and ventilation exhaust ducts are terminated a minimum of 7.5 metres from any openable window, door or air intake.”
Products IncludedCigarettes, Cigars, Pipes, Other Weeds and Substances, Waterpipes
“Smoke” or “smoking” means to inhale, exhale, burn, or carry a lighted cigarette, cigar, pipe, hookah pipe, or other lighted smoking equipment that burns tobacco or other weed or substance.
“Smoking club” means a premises used solely for the purpose of allowing persons over 19 years of age to smoke non-tobacco products, such as tobacco-free herbal cigarettes or hookah.
“Customer service area” means a partially enclosed or unenclosed area, including a balcony, patio, yard or sidewalk, that is part of or connected to or associated with a business or use in a building or premises that includes the service of food or alcoholic drinks to customers or others for consumption on site.
Places Smoking ProhibitedBeaches
Patios - Restaurants and Bars
Playgrounds, which may include Splash Pads and Wading Pools
Sports and Recreational Fields and Facilities
Buffer ZonesDoorways, Air Intakes and Operable Windows - Buffer Zone 1-10 m
Patios - Buffer Zone 1-10 m
This bylaw includes leading edge elements such as the definition of smoking that includes other weeds and substances, as well as explicitly mentioning waterpipes. Furthermore, smoking is prohibited on all trails; within 7.5 m of all workplace doorways, operable windows and air intakes; and on or within a 7.5 m buffer zone around restaurant and bar patios.
However, the bylaw allows for “smoking clubs” for persons over 19 years of age to smoke non-tobacco products, such as tobacco-free herbal cigarettes or hookah. This is contrary to public health best practices and creates enforcement challenges–officials would have to prove that the substance being smoked was not tobacco. This can be time consuming and expensive. Smoking clubs are not recommended!
Date Passed: October 28, 2008
Date in Force: October 28, 2008
Date Last Amended: July 26, 2011
Leading Edge: Yes
Level of Government: Municipal
Smoke-free Ontario Act Status: Exceeds Smoke-free Ontario Act
Bylaw Under Development? No
Please find contact information related to this bylaw, and links to supporting materials.
Contact: email@example.com or 604-469-4500