By-law No. 66 of 2010 - Restrict Smoking in Victoria Park
Goderich, Ontario
· adopted 2010-06-14
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THE CORPORATION OF THE TOWN OF GODERICH
BY-LAW NO. 66 OF 2010
BEING A BY-LAW TO RESTRICT SMOKING IN VICTORIA PARK
PURSUANT TO SECTION 115 (1) OF THE MUNICIPAL ACT
WHEREAS Section 115 (1) of the Municipal Act reads as follows:
''without limiting Sections 9, 10 and 11 a Municipality may prohibit or regulate the
smoking of tobacco in public places and work places."
AND WHEREAS Section 11 (9) reads as follows:
"if there is a conflict between a By-Law passed by an upper tier and a lower tier
Municipality under this provision, the By-Law that is the most restrictive of the smoking
of tobacco prevails. Section 115(10) makes the same provision in the event that there is a
conflict between the By-Law and any Act. Therefore, although the Province and the
County have both legislated in this area, neither restricts smoking in this particular Park.
Therefore, the Town's By-Law would be the more restrictive and should prevail.
AND WHEREAS it is desirable of the Council of the Corporation of the Town of
Goderich to define Victoria Park as an Unenclosed Public Place;
AND WHEREAS we hereby reference Section 115 as noted above and acknowledge
that the Province and County have passed legislation regarding smoking and that this By-
Law is more restrictive than the County and Provincial Legislation pertaining to smoking.
AND WHEREAS the Smoke-Free Ontario Act, 1994 restricts smoking in the Province
of Ontario;
NOW THEREFORE, THE COUNCIL OF THE CORPORATION OF THE TOWN
OF GODERICH ENACTS AS FOLLOWS:
1. That the Mayor and Clerk be authorized to sign the By-Law and conditions as
follows:
a)
That there be no smoking allowed in Victoria Park since it is a unenclosed
public place defined as follows: it is the whole of an unenclosed place or
premises where persons other than the owner or occupier have access as of
the right or by invitation, expressed or implied.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS
14th DAY OF JUNE, 2010.
MAYOR