Ottawa’s new Water Pipes in Public Places and Workplaces Bylaw (does not yet have a number) amends the current encroachment bylaw to prohibit the smoking of waterpipes on patios and sidewalk cafes that encroach on sidewalks and boulevards. Tobacco smoking is already prohibited.
The holder of a café seating permit shall not, within the café seating area, display or permit to be displayed, a water pipe or component of a water pipe that contains or has on it a smoking product, residue of a smoking product, charcoal, or liquid that smoke or gases may pass through prior to being inhaled.
The holder of an outdoor patio encroachment shall not, within the outdoor patio encroachment area, display or permit to be displayed, a water pipe or component of a water pipe that contains or has on it a smoking product, residue of a smoking product, charcoal, or liquid that smoke or gases may pass through prior to being inhaled.
Products IncludedCigarettes, Cigars, Pipes, Other Weeds and Substances, Waterpipes
“Charcoal” means a combustible substance whose primary purpose is to burn or heat a smoking product;
“Smoking product” means any substance whose primary purpose is to be burned or heated to produce vapours, gases, or smoke, which may be inhaled, and shall include but is not limited to non-tobacco herbal shisha, and other plant material or oils intended for inhalation;
“Use,” with respect to a water pipe, includes the carrying of any lighted or heated water pipe as well as inhaling or exhaling vapour, smoke, or gas associated with or resulting from water pipe use;
“Water pipe” means a device, whether called a water pipe, hookah or any other name, that burns or heats a tobacco or non-tobacco substance or a combination thereof, with which the vapor, smoke or gases may pass through liquid prior to being inhaled.
Places Smoking ProhibitedPatios - Restaurants and Bars
This bylaw is considered leading edge because it prohibits the waterpipe smoking of tobacco, as well as other weeds and substances, on patios and sidewalk cafes.
The bylaw is also notable by virtue of the requirement for holders of cafe seating and encroachment permits to not display a waterpipe or component of a waterpipe.
The new bylaw will be rolled out in three phases: an education phase for owners and employees of affected restaurants and bars, as well as the general public; a four-month warning phase starting December 1, 2016; and the charging phase when tickets can be issued starting April 3, 2017.
Date in Force: April 2, 2012
Date Last Amended: August 31, 2016
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.