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By-law 2019-052
Smoking By-law
(Consolidated)
A By-law of The Corporation of the City of Barrie to regulate
smoking outdoors on City owned property, at work places
and public places and to repeal and replace By-law 2009-
086 and 2010-034 regarding Smoking.
Disclaimer:
The following consolidation is an electronic reproduction made available for
information only. It is not an official version of the By-law. The format may be
different, and plans, pictures, other graphics or text may be missing or altered. The
City of Barrie does not warrant the accuracy of this electronic version.
This consolidation cannot be distributed or used for commercial purposes. It may
be used for other purposes, only if this disclaimer is repeated as well as the notice
of copyright.
Official versions of all By-laws can be obtained by contacting the Legislative and
Court Services Department at [email protected] or by phone 705-739-4220 ext.
5500.
This By-law printed under and by
the authority of the Council of the
City of Barrie
By-law 2019-052
2
OFFICE CONSOLIDATION
The Corporation of the City of Barrie
Smoking By-law
Bill No. 052
BY-LAW NUMBER 2019-052
A By-law of The Corporation of the City of Barrie to regulate
smoking outdoors on City owned property, at work places and
public places and to repeal and replace By-laws 2009-086 and
2010-034 regarding Smoking.
WHEREAS Section 8 of the Municipal Act, S.O. 2001 provides that the Act shall be interpreted broadly
so as to confer broad authority on municipalities to (a) enable municipalities to govern their affairs as they
consider appropriate and, (b) enhance their ability to respond to municipal issues;
AND WHEREAS Section 9 of the Municipal Act, 2001, S.O. 2001, c. 25 provides that a municipality
has the capacity, rights, powers and privileges of a natural person for the purpose of exercising the authority
under the Act;
AND WHEREAS Section 10 of the Municipal Act, S.O. 2001, c. 25 provides that single tier
municipalities have the authority to pass by-laws respecting the health, safety and well-being of persons;
AND WHEREAS Section 115 of the Municipal Act, S.O. 2001, c. 25 provides that without limiting
section 10, a municipality may prohibit or regulate the smoking of tobacco in public places and provide for
the definition of a "public place" for the purpose of the by-law;
AND WHEREAS Section 115 (3) of the Municipal Act, S.O. 2001, c. 25 provides that Section 115
of the Act shall not apply to a highway;
AND WHEREAS Section 18 of the Smoke Free Ontario Act 2017, S.O. 2017, c. 26, Schedule 3
contemplates that where there is a conflict between a provision of the Act and a provision of another Act,
regulation or a Municipal By-law that deals with a matter to which the Act applies, the provision that is more
restrictive shall prevail;
AND WHEREAS by resolution 19-G-146, the Council of The Corporation of the City of Barrie
deems it expedient to enact a by-law to regulate smoking outdoors on City owned property, work places
and public places and repeal and replace By-laws 2009-086 and 2010-034 regarding Smoking.
NOW THEREFORE the Council of the Corporation of the City of Barrie enacts as follows:
1.0.0.0.0
DEFINITIONS
For the purposes of this by-law:
1.1.0.0.0
CANNABIS - means cannabis as defined by the Cannabis Act (Canada) and shall include
medical cannabis obtained for medical purposes in accordance with applicable Federal law.
1.2.0.0.0
CITY - means the Corporation of the City of Barrie.
1.3.0.0.0
CITY CLERK - means the Clerk of the Corporation of the City of Barrie or his/her designate.
1.4.0.0.0
CITY EMPLOYEE - means an Officer, servant or other staff member of the City authorized
or employed whose duties include monitoring city owned property for unauthorized activities
which are not permitted but shall not include:
a) a member of Council;
b) a Council appointee to a local board and whose remuneration from the City results
from his/her membership on such local board or other body;
c) an employee of a local board or other body; or;
d) a municipal auditor.
1.5.0.0.0
CITY PROPERTY - means property which belongs exclusively to the City of Barrie and to
which legal rights apply and shall include but not be limited to a park, municipal reservoir,
playground, sports field, spectator seating area, a building, structure, vessel, vehicle or
conveyance, or part thereof as may be defined in this by-law but shall not include a highway
as defined by this by-law
By-law 2019-052
2
OFFICE CONSOLIDATION
The Corporation of the City of Barrie
Smoking By-law
1.6.0.0.0
DESIGNATED SMOKING AREA - means an area approved for the act of smoking located
in a parking lot or parking area which has been established or set out for the legal parking
of vehicles, but does not include that area of the parking lot designed only for the passage
of vehicles.
1.7.0.0.0
DWELLING UNIT - means any building or part thereof used as a home, residence, or
sleeping place of a family or individual either continuously, permanently, temporarily or
transiently.
1.8.0.0.0
ELECTRONIC CIGARETTE - means a vapourizer or inhalant type device whether called an
Electronic Cigarette, E-Cigarette, Vape or any other name, that contains a power source and
heating element designed to heat a product or substance and produce a vapour intended to
be inhaled .
1.9.0.0.0
EMPLOYEE - includes a person who, being paid or unpaid, performs any work for or
supplies any services to an employer or receives any instructions or training in the activity,
business, work, trade, occupation, or profession of the employer or his agent and includes
a volunteer and a person who is self-employed and "employment" has a corresponding
meaning.
1.10.0.0.0
EMPLOYER - includes any person who as the owner, proprietor, manager, superintendent
or overseer of any activity, business, premises, work, trade, occupation or profession, has
control over or direction of, or is directly or indirectly responsible for the employment of a
person.
1.11.0.0.0
HIGHWAY - means a common and public highway, street, road, avenue, parkway,
driveway, square, place, bridge, viaduct or trestle, and any part of which is intended for or
used by the general public for the passage of vehicles or pedestrians and includes the area
between the lateral property lines thereof.
1.12.0.0.0
NON-SMOKING POLICY - means a written policy that prohibits smoking in the workplace
in accordance with the Smoke Free Ontario Act and this by-law.
1.13.0.0.0
MUNICIPAL RESERVOIRS - means a reservoir, lake, pond or other receptacle or water
storage area connected with any park, open space or environmentally protected land.
1.14.0.0.0
OFFICER - means a person appointed as a Municipal Law Enforcement Officer, a Police
Officer, or other individual duly appointed to enforce this by-law.
1.15.0.0.0
OUTDOORS - means any open space which is outside of a facility, building, structure,
premise including any temporary building, structure or part thereof, whether covered by a
roof or not in relation to City owned property.
1.16.0.0.0
OUTDOOR PATIO - means an area of a restaurant or bar that:
a) Food or drink is served or sold or offered for consumption in the area, or the area
is part of or operated in conjunction with an area where food or drink is served or
sold or offered;
b) is not covered by a temporary or permanent roof; or if covered by a temporary or
permanent roof, has one or more unobstructed exterior openings in the walls
surrounding the roofed area to provide at least 40% of the perimeter enclosed walls
to be open to the movement of outdoor air at all times;
c) does not share open windows with an enclosed public place;
d) does not share open doors with an enclosed public place, except when doors are
being opened by individuals to enter or exit the outdoor patio;
e) does not share thermostat controlled heating or air conditioning systems with an
enclosed public place; and
f)
has a circulation of outdoor air throughout its designated space.
1.17.0.0.0
PARK - means all lands owned or operated by or belonging to the City of Barrie or other
public body such as school boards or conservation authorities which may be designed or
designated as Open Space or Environmental Protection Area and used by the public for active
or passive recreational use including but not limited to sporting fields, splash pads, fitness
equipment and any spectator area associated with such, or as gathering places such as urban
squares, or which may be left in their natural state for environmental reasons.
1.18.0.0.0
PERSON - means and includes any individual, corporation, partnership, company,
association or party and the heirs, executors, administrators, or other legal representative of
such person, to whom the context can apply according to law; shall include any group of
persons comprising a society or other organizations and shall include the plural wherein the
context requires. Wherever the word he or him is used, it shall mean and include the feminine
or neuter gender wherever the context so requires.
1.19.0.0.0
PROPRIETOR or OTHER PERSON IN CHARGE - means the person who controls, governs
or directs the activity carried on within the premises designated as prohibited areas under this
by-law and includes the person who is actually in charge of the premises at any particular time.
By-law 2019-052
2
OFFICE CONSOLIDATION
The Corporation of the City of Barrie
Smoking By-law
1.20.0.0.0
PUBLIC PLACE- means any building, structure, vessel, vehicle or conveyance, or part
thereof, whether covered by a roof or not, to which the public has access as of right or by
invitation, expressed or implied, whether or not a fee is charged for entry being owned by
a private entity and shall include an outdoor patio as defined in this by-law but does not
include a highway.
1.21.0.0.0
RECREATION FACILITY - means any building, structure or premise, or part thereof, which
is designed or designated for the playing of sports, fitness activities, conducting scheduled
programming or other approved activity.
1.22.0.0.0
SMOKE or SMOKING - means the inhaling or exhaling of a lighted tobacco or lighted
cannabis product or any other lighted paraphernalia or product commonly used for or has
the intended purpose of the act of smoking and shall include the holding of a tobacco or
cannabis product or any paraphernalia or product whether or not the product is lighted.
1.23.0.0.0
TOBACCO - means tobacco in any processed or unprocessed form that may be lighted
and smoked or inhaled.
1.24.0.0.0
VAPE or VAPING or VAPOURIZING - means inhaling or exhaling the vapour produced by
a lighted Electronic Cigarette or similar device regardless of the product or substance being
vaped or vaporized and shall include the holding of an Electronic Cigarette or similar device
whether or not such device is lighted.
1.25.0.0.0
WALKWAY - means an area of a park designated or designed specifically for the passage
of pedestrians or cyclists and shall include but not be limited to a pathway, trail, bicycle
path, promenade or boardwalk but shall not include a municipal sidewalk within a highway.
1.26.0.0.0
WORKPLACE - means a building, structure, vessel, vehicle or conveyance or part thereof,
to which the public may or may not have access either expressed or implied, in which one
or more employees work, including any other area in the building, structure, vessel, vehicle
or conveyance utilized by employees, but does not include an outdoor patio.
2.0.0.0.0
GENERAL PROHIBITIONS
2.1.0.0.0
No person shall smoke or vape on any city property owned and occupied by the City of
Barrie whether or not a No Smoking No Vaping sign is posted.
2.2.0.0.0
No person shall smoke or vape outdoors on any walkway set out, on or through City owned
and occupied property whether or not a No Smoking No Vaping sign is posted.
2.2.1.0.0
Notwithstanding sections 2.1.0.0.0 and 2.2.0.0.0 such prohibition shall not apply to a
municipal sidewalk within a road allowance or any part of a highway as defined by this by-
law and shall further not apply to a Designated Smoking Area as set out in Schedule "A" to
this by-law.
2.3.0.0.0
No person shall smoke or vape on any property owned and occupied by the City of Barrie
upon which is located a Recreation Facility whether or not a No Smoking No Vaping sign
is posted.
2.4.0.0.0
No person shall smoke or vape outdoors within 20 metres of any point on the perimeter
property boundary of a Recreation Facility whether or not a No Smoking No Vaping sign is
posted.
3.0.0.0.0
WORKPLACE
3.1.0.0.0
Every employer or other person in charge of a workplace shall prohibit smoking or vaping in
such workplace as regulated by the Smoke Free Ontario Act, S.O. 2017, c. 26 as may be
amended from time to time.
3.2.0.0.0
No employer or other person in charge of a workplace shall permit smoking or vaping where
smoking or vaping is prohibited under this by-law.
3.3.0.0.0
No person shall smoke or vape in any workplace within the City of Barrie whether or not a No
Smoking No Vaping sign is posted.
3.4.0.0.0
Every employer or other person in charge of a workplace shall post No Smoking No Vaping
signs in accordance with the Smoke Free Ontario Act, S.O. 2017, c. 26 as may be amended
from time to time.
By-law 2019-052
2
OFFICE CONSOLIDATION
The Corporation of the City of Barrie
Smoking By-law
4.0.0.0.0
PUBLIC PLACE
4.1.0.0.0
Every proprietor or other person in charge of a public place shall prohibit smoking or vaping
in such public place as regulated by the Smoke Free Ontario Act, S.O. 2017, c. 26 as may be
amended from time to time.
4.2.0.0.0
No proprietor or other person in charge of a public place shall permit smoking or vaping
where smoking or vaping is prohibited under this by-law.
4.3.0.0.0
No person shall smoke or vape in any public place within the City of Barrie whether or not a
No Smoking No Vaping sign is posted.
4.4.0.0.0
Every proprietor or other person in charge of a public place shall post No Smoking No
Vaping signs in accordance with the Smoke Free Ontario Act, S.O. 2017, c. 26 as may be
amended from time to time.
4.5.0.0.0
No person shall smoke or vape outdoors on the public area within a 9 metre radius
surrounding any point on the perimeter boundary of an outdoor patio.
5.0.0.0.0
EXEMPTIONS
5.1.0.0.0
No provision of this by-law that prohibits smoking or vaping in a place or area shall apply
to:
5.1.1.0.0
an Indigenous Person smoking as part of an activity or event if such activity or event
is carried out for traditional Indigenous cultural or spiritual purposes, or
5.1.2.0.0
a Non-Indigenous Person smoking as part of an activity or event if such activity or
event is carried out with an Indigenous Person and for traditional Indigenous cultural
or spiritual purposes.
5.1.3.0.0
a person smoking where that act of smoking is used in a stage production of a theatrical
performance.
6.0.0.0.0
ENFORCEMENT
6.1.0.0.0
A Municipal Law Enforcement Officer, Police Officer, or other duly appointed individual
shall enforce the provisions of this by-law.
6.2.0.0.0
An Officer may, at any reasonable time, enter any public place for the purposes of
determining compliance with this by-law.
6.3.0.0.0
An Officer may, upon producing proper identification, at any reasonable time, enter any
workplace or any building or structure in which a workplace is situated for the purposes of
determining compliance with this by-law.
6.4.0.0.0
No Officer may enter a workplace that is also a dwelling without the consent of the occupant
or without first obtaining and producing a warrant.
6.5.0.0.0
No person shall obstruct, hinder, or otherwise interfere with an Officer or other duly
appointed individual in the lawful carrying out of their duties and responsibilities under the
provisions of this by-law.
7.0.0.0.0
CONFLICTS
7.1.0.0.0
If any provision of this by-law conflicts with an Act or a regulation or another by-law, the
provision that is the most restrictive of smoking shall prevail.
8.0.0.0.0
SEVERABILITY
8.1.0.0.0
Should any section of this by-law be declared by a Court of competent jurisdiction to be
ultra vires or illegal for any reason, the remaining parts shall nevertheless remain valid and
binding, and shall be read as if the offending section or part had been struck out.
9.0.0.0.0
PENALTY
9.1.0.0.0
Every person who contravenes any provision of this By-law is guilty of an offence under
the provisions of the Provincial Offences Act, R.S.O 1990, c P.33, as amended, and is
liable on conviction to a penalty not exceeding $5,000, exclusive of costs, subject to the
provisions of the Act.
9.2.0.0.0
Every person who contravenes any provision of this By-law, and every director or officer of
a corporation who knowingly concurs in the contravention of this By-law by the corporation,
is guilty of an offence under the provisions of the Municipal Act, 2001, S.O. 2001, c. 25 as
amended.
By-law 2019-052
2
OFFICE CONSOLIDATION
The Corporation of the City of Barrie
Smoking By-law
9.3.0.0.0
Every person who contravenes the provisions of any section of this By-law, and every
director or officer of a corporation who knowingly concurs in the contravention of this By-
law by the corporation, is guilty of an offence under the provisions of the Municipal Act,
2001, S.O. 2001, c. 25 as amended and is liable on conviction to a penalty where the
minimum fine shall not exceed $500 and a maximum fine shall not exceed $100,000
exclusive of costs under the provisions of the Municipal Act, 2001, S.O. 2001, c. 25 as
amended.
9.4.0.0.0
For the purpose of continuous offences, every person who contravenes any provision of
this By-law, and every director or officer of a corporation who knowingly concurs in the
contravention of this By-law by the corporation, is guilty of an offence and is liable on
conviction to a penalty not exceeding $10,000 per day or part thereof, exclusive of costs,
under the provisions of the Municipal Act, 2001, S.O. 2001, c. 25 as amended.
9.5.0.0.0
For the purpose of multiple offences, every person who contravenes any provision of this
By-law, and every director or officer of a corporation who knowingly concurs in the
contravention of this By-law by the corporation, is guilty of an offence and is liable on
conviction to a penalty not exceeding $10,000 per offence, exclusive of costs under the
provisions of the Municipal Act, 2001, S.O. 2001, c. 25 as amended.
9.5.1.0.0
Notwithstanding Sections 9.3.0.0.0 and in accordance with the provisions of the Municipal
Act, 2001, S.O. 2001, c. 25 as amended, the total of all fines for the continuous offences
or multiple offences is not limited to $100,000.
10.0.0.0.0
CONTINUATION PROHIBITED BY ORDER
10.1.0.0.0
The Court in which a conviction has been entered, and any Court of competent jurisdiction
thereafter, may make an order prohibiting the continuation or repetition of the offence by
the person convicted and such order shall be in addition to any other penalty imposed on
the person convicted
11.0.0.0.0
REPEAL
11.0.0.0.0
That By-law 2009-086 as amended regarding smoking outdoors on City owned property
be repealed.
11.1.0.0.0
That By-law 2010-034 as amended regarding smoking in public places and workplaces be
repealed.
12.0.0.0.0
FORCE AND EFFECT
12.1.0.0.0
THAT this By-law shall come into force and take effect immediately upon the final passing
thereof.
READ a first and second time this 17th day of June, 2019.
READ a third time and finally passed this 17th day of June, 2019.
THE CORPORATION OF THE CITY OF BARRIE
"ORIGINAL SIGNED"
________________________________________
DEPUTY MAYOR - B. WARD
"ORIGINAL SIGNED"
________________________________________
CITY CLERK - WENDY COOKE
By-law 2019-052
2
OFFICE CONSOLIDATION
The Corporation of the City of Barrie
Smoking By-law
SCHEDULE "A"
DESIGNATED SMOKING AREAS
FACILITIES (PERMITTED PARKING LOTS)
Name of Facility
Municipal Address
2NTower - Bayfield 2N Tower
444 Bayfield Street
2S Reservoir - Harvey Road Reservoir
90 Harvey Road
3NTower - Ferndale Tower
434 Ferndale Drive South
3STower - Mapleview 3S Tower
65 Mapleview Drive
Barrie Police Service Headquarters
29 Sperling Drive
BPS1 - Codrington Booster Station
64 Codrington Street
BPS2 - Anne Street Booster Station
164 Anne Street North
BPS3 - Innisfil Booster Station
380 Innisfil Street
BPS3N - Leacock Booster Station
319 Leacock Street
BPS3S - Big Bay Booster Station
20 Big Bay Point Road
Emergency Services Campus
110 Fairview Drive
Environmental Centre (except designated parking
areas that are within 9 metres of a building)
272 Ferndale Drive N.
Fire Station #1
155 Dunlop Street West
Fire Station #2
15 Bell Farm Road
Fire Station #3
340 Big Bay Point Road
Fire Station #4
250 Ardagh Road
Grove Street Sewage Pumping Station
238 Penetanguishene Road
Holly Sewage Pumping Station
65 Logan Crescent
Huronia Road Sewage Pumping Station
644 Huronia Road
Lakeshore Mews
West of Mulcaster Street between Simcoe Street
and Dunlop Street East
Little Lake Sewage Pumping Station
510 Duckworth Street
Lockhart Road Sewage Pumping Station
799 Bayview Drive
Operations Centre (except designated parking
areas that are within 9 metres of a building)
165 Ferndale Drive
South Shore Community Centre
205 Lakeshore Drive
Surface Water Treatment Plant
20 Royal Parkside Drive
Water Pollution Control Centre (Secondary
Pumping Station Designated Parking Area) and
(Southeast Designated Parking Area except
southeast designated parking areas that are
within 9 metres of a building)
249 Bradford Street
WPS10 - Huronia Road Well and Pumping
Station
294 Huronia Road
WPS16 - Brownwood Drive Well and Pumping
Station
101 Brownwood Drive
WPS17 & 18 - Cross Street Well
34 Cross Street
WPS3A - Anne Street Well and Pumping Station
54 Anne Street South
WPS4 - Perry Street Well and Pumping Station
83 Perry Street
WPS5 - John Street Well and Pumping Station
217 John Street
WPS6 - Wood Street Well
12 Wood Street
WPS7 - Tiffin Street Well and Pumping Station
44 Sarjeant Drive
WPS9 & WPS13 - Johnson Street Wells and
Pumping Station
168 Johnson Street
By-law 2019-052
2
OFFICE CONSOLIDATION
The Corporation of the City of Barrie
Smoking By-law
PARKS
DESIGNATED SMOKING AREAS - (PERMITTED PARKING LOTS)
Name of Park
Municipal Address
Centennial Park North
75 Lakeshore Drive (includes Victoria North and
Victoria South and transient vehicle with trailer lots)
Centennial Park South
95 Lakeshore Drive
Heritage Park (west parking section only)
5 Simcoe Street
Johnson Beach
81 Shanty Bay Road
Lakeshore Drive Lot West (Spirit Catcher)
15 Simcoe Street
Lakeshore Lot
25 Simcoe St
Marina Lot
55 Lakeshore Drive
North Marina Lot
15 Simcoe Street
Tiffin Launch (upper parking section only)
105 Lakeshore Drive