Ottawa | Ontario

Water Pipes in Public Places and Workplaces Bylaw, A Bylaw to Amend Bylaw No. 2012-85, A bylaw of the City of Ottawa to amend Bylaw No. 2003-446 to prohibit smoking on outdoor patio encroachments and at café seating. Bylaw No. 2003-446, A by-law of the City of Ottawa to regulate encroachments on City highways.

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 Included

Cigarettes, Cigars, Pipes, Other Weeds and Substances, Waterpipes

Definitions

“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 Prohibited

Patios - Restaurants and Bars
Waterpipes (outdoors)

Policy Analysis

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.

Enforcement

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 Passed:

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

Supporting Information

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

Contact: 613-580-2400

Back to Bylaw Search Page