By-law No. 19-164 - To Amend By-law No. 11-080 (Smoking/Vaping of Tobacco or Cannabis within City Parks and Recreation Properties)
Hamilton, Ontario
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Authority: Item 6, Board of Health Report
19-006 (BOH07034(n))
CM: June 26, 2019
Ward: City Wide
Bill No. 164
CITY OF HAMILTON
BY-LAW NO. 19-164
To Amend By-law No. 11-080, being a By-law to Prohibit Smoking within City
Parks and Recreation Properties
WHEREAS the Municipal Act, 2001, and particularly sections 9, 10, and 115, authorizes
the City of Hamilton to pass by-laws respecting these matters; and,
WHEREAS Council deems it advisable to update By-law No. 11-080 to address the use
of cannabis, vaping and the Smoke-Free Ontario Act, 2017, which repealed and replaced
the Smoke-Free Ontario Act, 1994.
NOW THEREFORE the Council of the City of Hamilton enacts as follows:
1.
Subsection 1(1) of By-law No. 11-080 is amended by adding the following:
(a.1) "cannabis" has the same meaning as in subsection 2(1) of the Cannabis Act
(Canada);
(i) "vaporizer" means an inhalant-type device or electronic cigarette, regardless of
the name of the device, that contains a power source and heating element
designed to heat a substance and produce a vapour intended to be inhaled by the
user of the device directly through the mouth, whether or not the vapour contains
nicotine, cannabis, cannabis extract or any other intoxicating substance.
2.
Subsection 1(1) of By-law No. 11-080 is amended by deleting clause (f) and adding
the following:
(f) "smoke" includes the inhaling or holding of a lighted substance, joint, cigar,
cigarette, pipe, water-pipe or any other lighted smoking equipment, and "smoking"
has a corresponding meaning.
3.
Subsection 1(1) of By-law No. 11-080 is amended by deleting clause (h) and
adding the following:
(h) "vape" means inhaling or exhaling vapour from a vaporizer or holding an
activated vaporizer, and "vaping" has a corresponding meaning.
4.
Subsection 1(4) of By-law No. 11-080 is deleted and the following substituted:
To Amend By-law No. 11-080, being a By-law to Prohibit Smoking within City Parks and
Recreation Properties
Page 2 of 2
1.(4) The provisions of this By-law apply even where the City grants a permit to or
enters into an agreement with a person, corporation or organization for the
exclusive use of all or part of a park or recreation property.
5.
Section 2 is amended by adding the underlined text as follows:
2. No person shall:
(a)
smoke or vape tobacco or cannabis or any other substance on
recreation property;
(b)
fail to leave recreation property after authorized staff has given the
person notice or direction to leave for smoking or vaping tobacco or
cannabis or any other substance on recreation property; or,
(c)
enter or use recreation property after authorized staff have prohibited
the persons entry or use for smoking or vaping tobacco or cannabis or
any other substance on recreation property.
6.
Section 3 is amended by adding the underlined text as follows:
3. The prohibitions in section 2 above apply whether or not a "No Smoking/No
Vaping" sign of any format or content is posted.
7.
Section 8 is deleted and the following substituted:
8. Subject to section 19 of the Smoke-Free Ontario Act, 2017 (the "Act"), in the
event of a conflict between the provisions of this By-law and the Act or a
regulation passed under the Act, the provision that is more restrictive of the
matter to which this By-law applies prevails.
8.
This By-law shall come into force on July 1, 2019.
PASSED this 12th day of July, 2019.
F. Eisenberger
J. Pilon
Mayor
Acting City Clerk