This is the exact embedded text of the captured official document.
Snapshot bd25f9003727 · verified 2026-08-28 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
THE CORPORATION OF THE
TOWNSHIP OF EDWARDSBURGH/CARDINAL
BY-LAW NO. 2019-19
"BEING A BY-LAW TO ESTABLISH A POLICY REGARDING SMOKING OR
VAPORIZING IN MUNICIPAL FACILITIES AND PUBLIC PLACES"
WHEREAS Section 8 of the Municipal Act, 2001, as amended, provides that the
powers of a municipality shall be interpreted broadly so as to confer broad authority
on the municipality to govern its affairs as it considers appropriate and to enhance
the municipality's ability to respond to municipal issues; and
WHEREAS Section 11 (2) of the Municipal Act, 2001, as amended, provides that
Municipal Councils may pass by-laws for the health, safety and well-being of the
inhabitants of the municipality; and
WHEREAS Section 115 of the Municipal Act, 2001, as amended, enables Municipal
Council to pass a by-law to prohibit or regulate the smoking of tobacco products in
public places and workplaces within the municipality; and
WHEREAS Section 128 of the Municipal Act, 2001, as amended, provides that a
municipality may prohibit and regulate with respect to public nuisances, including
matters that, in the opinion of the Council are or could become or cause public
nuisances; and
WHEREAS Section 129 of the Municipal Act, 2001, as amended, provides that a
municipality may prohibit and regulate with respect to odours; and
WHEREAS the Smoke Free Ontario Act, 2017, as amended, contains rules
respecting the smoking of cannabis, as well as smoking in public places; and
WHEREAS the Smoke Free Ontario Act, 2017, as amended, prohibits smoking or
vaping of tobacco and cannabis in any enclosed workplace, any enclosed public
place and any other place designated as smoke- free and vape-free; and
WHEREAS Section 18 of the Smoke Free Ontario Act, 2017, as amended,
contemplates that a municipal by-law may deal with a matter to which that Act
applied but in a more restrictive manner, and directs that the by-law prevails to the
extent it is more restrictive than that Act; and
WHEREAS it has been determined that smoking and second-hand smoke is a
serious health hazard due to its adverse effects and risk to health of all inhabitants of
the municipality;
WHEREAS it is deemed desirable for the purpose of promoting and protecting the
health, safety and well-being of the inhabitants of the municipality to provide and
ensure that all municipal public places and workplaces are smoke free;
NOW THEREFORE the Council of the Corporation of the Township of
Edwardsburg.h/Cardinal enacts as follows:
1.0
That the Leeds Grenville and Lanark District Health Unit Inspectors
responsible for enforcing the Smoke Free Ontario Act, 2017, are hereby
appointed as Enforcement Officers for the Township of Edwardsburgh
Cardinal.
2.0
DEFINITIONS
2.1
For the purpose of this By-law:
"Cannabis" has the same meaning as defined in the Cannabis Act (Canada);
"Council" means the Council of the Township of Edwardsburgh Cardinal;
"Designated Public Place" means a Public Place designated pursuant to Section
5.1 of this By-law;
"Electronic Cigarette" or "E-Cigarette" means a vaporizer or inhalant-type device,
whether called an electronic cigarette or any other name, that contains a power
source and heating element designed to heat a nicotine based or cannabis based
liquid substance or e-substance to produce a vapor intended to be inhaled by the
user of the device directly through the mouth;
"Enclosed Public Place" means an enclosed public place as defined in the Smoke
Free Ontario Act, 2017;
"Enclosed Workplace" means an enclosed workplace as defined in the Smoke
Free Ontario Act, 2017;
"Enforcement Officer" means a person appointed by Council as a municipal By-
law enforcement officer, Health Unit Inspectors appointed the under the Smoke-
Free Ontario Act 2017, Ontario Provincial Police, or the Royal Canadian Mounted
Police to enforce this By-law;
"E-Substance" means a substance that is manufactured or sold to be used in an
electronic cigarette, whether or not the substance contains nicotine or cannabis;
"Highway" means any provincial, county or municipal highway within the
geographic limits of the Township of Edwardsburgh Cardinal, and includes the
sidewalks and all other lands within the lateral boundaries of the highway;
"Municipal Facility" means every building, structure, park, sports area, green
space, or vehicle/equipment owned, leased, licensed, permitted or rented by the
Township or from the Township and includes such buildings, structures, parks,
sports areas, greenspaces, or vehicles/equipment where Township employees
conduct their work;
"Outdoor Community Meeting Area" means the whole or part of any outdoor area,
owned, leased or controlled by the Township to which the public has access by
right or invitation, expressed or implied, whether by payment of money or not;
"Park" means any land, owned or leased or controlled by the Township, designed
or used for public recreation, including but not limited to: park structure, trails,
gardens, playgrounds, sports areas, greenspace, swimming pools and waterfront
swimming areas;
"Person" means a corporation as well as an individual;
"Proprietor or Other Person in Charge" means the person who owns, occupies or
operates a Designated Public Place or an Enclosed Workplace to which this
bylaw applies, or the person who controls, governs, or directs the activities that
are carried on in the place, and includes the person who is actually in charge at
any particular time;
"Public Place" means the whole or part of any building, place or area to which
members of the general public are invited or permitted access, and also includes
any motor vehicle located in a public place or in any place open to public view;
"Smoke/Smoking" means all forms of cannabis and combustion tobacco
(cigarettes, cigars), e-cigarettes, waterpipe, pipe, or any other smoking
equipment, and includes the inhalation of smoke or vapors and causing or
permitting cannabis, tobacco and/or e-cigarettes, over which one has ownership
and control, to burn, and "smoke" has a corresponding meaning;
"Township" means the Corporation of the Township of Edwardsburgh Cardinal;
"Vaporizer" means any inhalant type device that contains a power source and
heating element designed to heat a substance and produce a vapor intended to
be inhaled by the user of the device directly though the mouth, whether or not the
vapor contains nicotine, cannabis or any other substance;
"VaporizingNapeNaping" means the act of heating and converting nicotine,
cannabis, an e-substance or any other substance through a vaporizer or an
electronic cigarette, for the purpose of simulating the inhalation of smoke
3.0
INTERPRETATION
3.1
This By-law applies to the smoking and vaporizing of tobacco, nicotine,
cannabis, e-substances, whether or not it contains tobacco, cannabis, and
other plant material or oils intended for inhalation in every designated
enclosed public place, enclosed workplace, designated public place,
municipal facility, outdoor community meeting area, and park, within the
geographic limits of the Township of Edwardsburgh Cardinal.
4.0
ADMINISTRATION
4.1
The Township of Edwardsburgh Cardinal and the Leeds Grenville Lanark
District Health Unit are responsible for the administration and enforcement of
this By-law.
5.0
GENERAL PROHIBITIONS
5.1
In addition to the prohibitions set out in the Smoke Free Ontario Act, 2017 as
amended from time to time, no person shall smoke or vaporize tobacco,
nicotine, cannabis, or hold or otherwise cause to light any substance in the
following designated public places including but not limited to locations:
a)
every place as set out in Section 12 (2) of the Smoke free Ontario Act,
2017, S.O. 2017 c. 26, Schedule 3;
b)
a park;
c)
an outdoor community meeting area;
d)
a highway;
e)
within three (3) meters of any entrance or exit of a Municipal Facility;
f)
within three (3) meters of any entrance or exit of an enclosed public
place or enclosed workplace;
5.2
For greater clarity, no person shall smoke or vaporize in any enclosed
workplace, whether or not a "No Smoking" sign/symbol or a "No Vaping"
sign/symbol is posted.
6.0
APPLICABILITY
6.1
Every Proprietor or other person in charge of a designated public place or an
enclosed workplace in which smoking or vaporizing are prohibited shall ensure
compliance with this By-law.
7.0
SIGNAGE
7.1
Signs shall be posted and maintained in accordance with the Smoke Free
Ontario Act, 2017, and as prescribed by the Township.
7.2
Notwithstanding section 7.1 of this By-law, the requirement for signs does not
apply to the following designated public places:
a)
a park; and
b)
an outdoor community meeting area.
8.0
ENFORCEMENT
8.1
The provisions of this By-law respecting the regulation of smoking and
vaporizing may be enforced by an Enforcement Officer.
8.2
No person shall obstruct or hinder or attempt to obstruct or hinder an
Enforcement Officer or other authorized employee or agent of the Township in
the exercise of a power or the performance of a duty under this By-law.
8.3
An Enforcement 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.
8.4
Every person who is required by an Enforcement Officer to provide
identification under Section 8.3 of this By-law shall identify themselves to the
Officer. Giving their correct name, address, and proof of identity shall
constitute sufficient identification. Failure to provide sufficient identification
shall constitute obstruction of the Officer under Section 8.2.
9.0
OFFENCES AND PENALTY
9.1
Any person who contravenes 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.
9.2
If this By-law is contravened and a conviction entered, the court in which the
conviction has been entered and any court of competent jurisdiction thereafter
may, in addition to any other remedy and to any penalty that is imposed, make
an order prohibiting the continuation or repetition of the offence by the person
convicted.
10.0
OTHER
10.1
Where a provision of this by-law conflicts with a provision of another By-law,
regulation, or Act, the provision that establishes the higher standard shall
prevail in order to protect the health, safety and well-being of the general
public.
10.2
It is the declared intention of the Council of the Corporation of the Township of
Edwardsburgh Cardinal that any section or part of this By-law which may
subsequently be held to be invalid shall be severable from the remainder of
the By-law and shall not be deemed to have persuaded or influenced the
Council to pass the remainder of this By-law.
10.3 That By-law 2019-19 will repeal and replace in its entirety By-law 2019-02,
and all other by-laws previously passed that are inconsistent with the
provisions of this By-law.
Read a first and second time in open Council this 22"d day of April, 2019.
Read a third and final time, passed, signed and sealed in open Council this 22"d day
of April, 2019.
Mayor
GlLuv\~
Deputy Clerk