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BRANTFORD
570.1
MAY 2002
Chapter 570
SMOKING - CLEAN AIR
CHAPTER INDEX
Article 1
INTERPRETATION
570.1.1
Cannabis - defined
570.1.2
City of Branford - defined
570.1.3
Includes - defined
570.1.4
Medical Cannabis - defined
570.1.5
Municipally Owned Property - defined
570.1.6
Officer - defined
570.1.7
Operator - defined
570.1.8
Proprietor - defined
570.1.9
Public Place - defined
570.1.10
Smoke or smoking - defined
570.1.11
Smoke Free Ontario Act - defined
570.1.12
Vape or Vaping - defined
570.1.13
Interpretation - Rules
570.1.14
Interpretation - Interpretation Act
570.1.15
Interpretation - Severability
Article 2
PROHIBITION
570.2.1
Cannabis - Use - Prohibited - General Rule
570.2.2
Tobacco- Prohibited - General Rule
570.2.3
Vaping - Prohibited - General
MAY 2002
570.2
BRANTFORD
570.2.4
Highways - Exempted
Article 3
PROPRIETORS
570.3.1
Proprietor - Duty to Ensure Compliance
570.3.2
Proprietor - Defence - Reasonable Efforts
Article 4
ERECTION OF SIGNS - CANNABIS - VAPING -
PUBLIC PLACE
570.4.1
Signs - Posted - Public Place
570.4.2
Signs - Requirements
570.4.3
Signs - Sample
Article 5
OFFICERS
570.5.1
Officers - Appointment
570.5.2
Officers - Right of Entry
570.5.3
Officers - Require Identification
Article 6
OFFENCES & ENFORCEMENT
570.6.1
Offence - Fail to Comply
570.6.2
Offence - Hinder or Obstruct
570.6.3
Continuation, Repetition Prohibited by Order
570.6.4
Civil Enforcement
570.6.5
Fine in Default - Add to Tax Roll
BRANTFORD
570.3
MAY 2002
Article 7
EFFECTIVE DATE
570.7.1
Effective Date
SCHEDULE "A"
Sample
MAY 2002
570.4
BRANTFORD
Article 1
INTERPRETATION
570.1.1 Cannabis - defined
"cannabis" has the same meaning as in subsection 2 (1) of the Cannabis Act
(Canada).
570.1.2
City of Branford - defined
"City of Brantford" means The Corporation of the City of Brantford.
570.1.3 Includes - defined
"includes" means "includes but not limited to" and the word "including" has
a corresponding meaning.
570.1.4
Medical Cannabis - defined
"medical cannabis" means cannabis that is obtained for medical purposes in
accordance with Chapter 14 of the Cannabis Regulations (Canada) or in
accordance with a court order.
570.1.5
Municipally Owned Property - defined
"municipally owned property" means real property where the City of
Branford is the legal or beneficial owner and includes buildings, grounds,
parking lots, trails, parkland, golf courses, and bus shelters but excludes
housing properties that are not already deemed smoke-free.
570.1.6 Officer - defined
"officer" means an officer appointed in accordance with section 570.5.1.
570.1.7
Operator - defined
"operator" means a person who, alone or with others, operates, manages,
supervises, oversees, runs or controls a public place.
570.1.8 Proprietor - defined
"proprietor" means the registered owner or operator of a public place, but
excludes the City of Branford.
570.1.9 Public Place - defined
"public place" means the outside of any place, building or structure or any
part of them and to which the public is ordinarily invited or permitted access,
either expressly or by implication, whether or not a fee is charged for entry,
including parking lots, grounds and open spaces regardless of whether it is
owned by a public or private entity and includes municipally owned
properties, unless an exemption is created under the Smoke-Free Ontario Act
with respect to the public place.
BRANTFORD
570.5
MAY 2002
570.1.10
Smoke or smoking - defined
"smoke" or "smoking" means to inhale or exhale the smoke produced by a
cigar, cigarette, pipe or similar product or holding or otherwise having control
of a cigar, cigarette, pipe or similar product that is producing or emitting
smoke.
570.1.11
Smoke Free Ontario Act - defined
"Smoke-Free Ontario Act" shall mean the Smoke-Free Ontario Act 2017,
S.O. 2017, C. 26 s. 3, and the regulations thereto, as amended or replaced
from time to time.
570.1.12
Vape or Vaping - defined
"vape" or "vaping" means to inhale or exhale the vapour produced by an
electronic cigarette or similar device, or holding or otherwise having control
of an electronic device that is producing vapour, emissions or aerosol.
570.1.13
Interpretation - Rules
This Chapter shall be interpreted and applied in accordance with the
following:
(a) nothing in this Chapter shall be interpreted to permit smoking or vaping
in any location where the same is prohibited under the Smoke-Free
Ontario Act;
(b) nothing in this Chapter shall be interpreted to interfere with an
exemption established in the Smoke-Free Ontario Act provided that all
requirements of the Smoke-Free Ontario Act regarding the exemption
are complied with; and
(c) nothing in this Chapter shall interfere with a person's right to smoke or
vape medical cannabis, provided that the person can produce to an
Officer the documentation required to demonstrate that they are
authorized to use cannabis for their own medical purposes in accordance
with Part 14 of the Cannabis Regulations (Canada) or in accordance
with a court order.
570.1.14
Interpretation - Interpretation Act
The provisions of Part VI of the Legislation Act, 2006, S.O. 2006, c. 21,
Schedule F shall apply to this Chapter.
570.1.15 Interpretation - Severability
If any provisions or part of this Chapter is declared by any court or tribunal of
competent jurisdiction to be illegal or inoperative, in whole or in part, or
inoperative in particular circumstances, the balance of the By-law, or its
application in other circumstances, shall not be affected and shall continue to
be in full force and effect.
MAY 2002
570.6
BRANTFORD
Article 2
PROHIBITION
570.2.1
Cannabis - Use - Prohibited - General Rule
In addition to the prohibitions set out in the Smoke-Free Ontario Act, no
person shall smoke cannabis in any public place.
570.2.2 Tobacco - Prohibited - General Rule
In addition to the prohibitions set out in the Smoke-Free Ontario Act, no
person shall smoke tobacco on any municipally owned property.
570.2.3
Vaping - Prohibited - General Rule
In addition to the prohibitions set out in the Smoke-Free Ontario Act, no
person shall vape in any public place.
570.2.4
Highways - Exempted
No prohibition contained within Article 2 shall apply to highways as defined
in the Municipal Act, 2001, S.O. 2001 c. 25, as amended or replaced from
time to time.
Article 3
PROPRIETORS
570.3.1
Proprietor - Duty to Ensure Compliance
A proprietor of any public place shall ensure that all persons present at a
public place comply with section 570.2.2.
570.3.2 Proprietor - Defence - Reasonable Efforts
In any proceeding for a breach of Section 570.3.1, it shall be a defence for a
proprietor to show that he or she made reasonable efforts under the
circumstances to ensure compliance with Article 2.
Article 4
ERECTION OF SIGNS - CANNABIS - VAPING -
PUBLIC PLACE
570.4.1 Signs - Posted - Public Place
A proprietor shall post clearly visible and conspicuous signs in the form
specified in this Article to delineate the area or areas where smoking cannabis
or vaping is prohibited pursuant to this Chapter.
BRANTFORD
570.7
MAY 2002
570.4.2 Signs -Requirements
Every sign that prohibits smoking cannabis and vaping shall:
(a)
have a white background or consist of contrasting colours where
the lettering is applied directly to a surface or is mounted on a
clear panel;
(b)
contain the text " No Smoking Cannabis and Vaping in Public
Places" with lettering not less than 3 centimetres in height AND
the words " City of Brantford Municipal Code Chapter 570 -
Maximum Fine $5,000.00" with lettering not less than 8
millimetres in height; and
(c)
contain a graphic with a red circle and interdictory stroke in red
superimposed upon a cannabis leaf.
570.4.3
Signs - Sample
A sign which is substantially similar to the form and format attached as
Schedule "A" will be deemed to comply with Section 570.5.2:
Article 5
OFFICERS
570.5.1
Officers - Appointment
Members of the City of Brantford Building Department By-law Enforcement Division,
the City of Brantford Police Service and staff employed by the Brant County Health
Unit are appointed officers for the purpose of this Chapter.
570.5.2 Officers - Right of Entry
Officers may, in accordance with and subject to the Municipal Act, 2001, enter any
public place for the purpose of determining whether there is compliance with this
Chapter and otherwise enforce the provisions of this Chapter.
570.5.3 Officers - Require Identification
An Officer who has reasonable grounds to believe that a person has contravened any
provision of this By-law may require that person to provide their identification to the
Officer. Every person who is required by an officer to provide identification under this
section shall identify themselves to the Officer. Giving their correct name, date of birth
and address shall constitute sufficient identification.
Article 6
OFFENCES & ENFORCEMENT
570.6.1
Offence - Fail to Comply
Any person who contravenes or fails to comply with any provision
of this By-law is guilty of an offence and upon conviction is
liable to a fine as provided for by the Provincial Offences Act,
R.S.O. 1990, Chapter P.33, as amended.
MAY 2002
570.8
BRANTFORD
570.6.2
Offence - Hinder or Obstruct
No person shall hinder or obstruct, or attempt to hinder or obstruct,
an Officer who is exercising a power or performing a duty under
this By-law.
570.6.3
Continuation, Repetition Prohibited by Order
The court in which the 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.
570.6.4
Civil Enforcement
Where a fine is in default, the City of Brantford may proceed with
civil enforcement against the person upon whom the fine has been
imposed, pursuant to the Provincial Offences Act, R.S.O. 1990,
Chapter P.33.
570.6.5
Fine in Default - Add to Tax Roll
The City of Brantford may make a request to the treasurer of a local
municipality to add any part of a fine that is in default to the tax roll
for any property in the local municipality for which all of the owners
are responsible for paying the fine, and collect it in the same manner
as municipal taxes.
Article 7
EFFECTIVE DATE
570.7.1
Effective date
This Chapter shall come into effect at midnight on March 1, 2019.
BRANTFORD
570.9
MAY 2002
Schedule "A"
Sample