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S m o k e F r e e B y - L a w
THE CORPORATION OF THE
MUNICIPALITY OF KILLARNEY
BY-LAW NO. 2024-22
BEING A BY-LAW TO REGULATE SMOKING AND VAPING
IN PUBLIC PLACES AND ENCLOSED WORKPLACES
IN THE MUNICIPALITY OF KILLARNEY
WHEREAS Section 115 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides
that a municipality may pass By-Laws regulating vaping and the smoking of tobacco and
cannabis in public places and enclosed workplaces within the municipality;
AND WHEREAS Section 10 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended,
provides that a municipality may pass by-laws respecting the economic, social and
environmental well-being of the municipality, the health, safety and well-being of persons,
and the protection of persons and property;
AND WHEREAS it has been determined that second-hand smoke and vapour are a health
hazard or discomfort for many inhabitants of and visitors to the Municipality of Killarney;
AND WHEREAS the establishment of a community standard of smoke-free public places
assists in de-normalizing tobacco, electronic cigarettes and cannabis use and promotes a
smoke-free and vape-free culture;
AND WHEREAS Section 18 of the Smoke-Free Ontario Act, 2017, S.O. 2017, c. 26, as
amended, provides that if there is a conflict between a provision of that Act and a provision
of another Act, a regulation or a municipal By-Law that deals with a matter to which that Act
applies, the provision that is more restrictive of the matter to which the Act applies prevails;
AND WHEREAS Section 425 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended,
provides that a municipality may pass By-Laws providing that a person who contravenes a
By-Law of the municipality passed under that Act is guilty of an offence;
AND WHEREAS Section 429 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended,
provides that a municipality may establish a system of fines for offences under a By-Law of
the municipality passed under that Act;
NOW THEREFORE THE COUNCIL FOR THE CORPORATION OF THE MUNICIPALITY
OF KILLARNEY HEREBY ENACTS AS FOLLOWS:
1. PART 1
SHORT TITLE
This By-law shall be cited as the "Smoke-Free By-law".
2. PART 2
DEFINITIONS
For the purposes of this By-Law:
"Cannabis" has the same meaning as in Subsection 2 (1) of the Cannabis Act (Canada);
"Council" means the Council of the Municipality of Killarney;
"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 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;
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"Employee" includes a person who:
i.
performs any work for or supplies any service to an employer;
ii.
receives any instructions or training in the activity, business, work, trade,
occupation or profession of the employer;
iii.
receives remuneration for services provided; or
iv.
is self-employed.
"Employer" includes any person who is the owner, proprietor, manager, superintendent, or
overseer of any activity, business, work, trade, occupation or profession, has control over
the direction of, or is directly or indirectly responsible for the employment of a person
therein;
"Enclosed Public Place" means an enclosed public place as defined in the Smoke-Free
Ontario Act, 2017, S.O. 2017 c. 26, Schedule 3;
"Enclosed Workplace" means an enclosed workplace as defined in the Smoke- Free
Ontario Act, 2017, S.O. 2017 c. 26, Schedule 3;
"E-substance" means a substance that is manufactured or sold to be used in an
electronic cigarette, whether or not the substance contains nicotine;
"Highway" means any provincial or municipal highway within the geographic limits of
the Municipality of Killarney, and includes the sidewalks and all other lands within the
lateral boundaries of the highway.
"Inspector" means a person appointed by Council as a municipal law enforcement
officer to enforce this By-Law;
"Municipality" means the The Corporation of the Municipality of Killarney;
"Municipal Lands" means any building or property owned, leased or controlled by the
Municipality;
"Park" means any land, owned or leased or controlled by the Municipality, designed or
used for public recreation, including but not limited to: trails, gardens, playgrounds,
sports fields, playing fields, swimming pools and beach areas;
"Person" means a corporation as well as an individual;
"Proprietor or Other Person in Charge" means the person who owns, occupies or
operates an enclosed public place or an enclosed workplace to which this By-Law 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 but does not include any
area located on a Highway;
"Public Entranceway" means the main entrance to a public building or workplace, but
does not include any ancillary entrances, or any public highway;
"Public Exit" means the main exit to a public building or workplace, but does not
include any ancillary exits, or any public highway;
"Smoke" and "Smoking" include the carrying, holding or inhaling of lighted cannabis, a
lighted cigar, cigarette, water-pipe, pipe, or any other lighted smoking equipment;
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"Vaporizer" means an inhalant-type 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 or any other substance;
"Vaporizing", "Vape" and "Vaping" mean the act of heating and converting cannabis, an
e-substance or any other substance through a vaporizer or an electronic cigarette, for the
purpose of simulating the inhalation of smoke or vapour.
3. PART 3
INTERPRETATION
This By-Law applies to the smoking and vaporizing of tobacco, cannabis, e-
substance, shisha, whether or not it contains tobacco, and other materials intended
for inhalation in every enclosed public place and in every enclosed workplace within
the geographic limits of the Municipality of Killarney.
4. PART 4
ADMINISTRATION
The Municipality of Killarney is responsible for the administration and enforcement of
this By-law.
5. PART 5
REGULATIONS
WORKPLACES
1. No person shall smoke and/or vape in any enclosed workplace within the
Municipality whether or not a "No Smoking/No Vaping" sign is posted.
2. Every employer shall:
a. ensure compliance with this By-law;
b. prohibit smoking and/or vaping in the workplace;
c. inform each employee in the workplace that smoking and/or vaping is
prohibited in the workplace;
d. post "No Smoking/No Vaping" signs in accordance with Part 6 of this By-
law in conspicuous locations at every public entranceway, public exit and
washrooms in the workplace indicating that smoking and/or vaping is
prohibited in the workplace; and
e. ensure that no ashtrays or like paraphernalia are placed or permitted to
remain in any part of the workplace.
f. ensure that a person who refuses to comply with the Act does not remain
in the enclosed workplace or place or area. Section 14(1)e.
3. Section 5 (2) does not apply to:
a. a part of a workplace that is used as a private residence;
b. a workplace located in a dwelling where the only employees of that
workplace are persons who live in the dwelling; or
c. a room in a hotel, motel or other place where rooms are rented for
sleeping accommodation, provided the room is used for sleeping
accommodation only and the room is designated and specifically set aside
as a room in which smoking and/or vaping is permitted.
PUBLIC PLACES
4. No person shall smoke and/or vape within a nine (9) metre radius of any public
entranceway or public exit to any public place within the Municipality whether or
not a "No Smoking/No Vaping" sign is posted.
5. No person shall smoke and/or vape in any enclosed public places within the
Municipality.
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6. Every proprietor of a public place shall:
a. ensure compliance with this By-law;
b. prohibit smoking and/or vaping in the public place;
c. post "No Smoking/No Vaping" signs in accordance with Part 6 of this By-
law in conspicuous locations at every public entranceway, public exit and
washrooms in the public place indicating that smoking and/or vaping is
prohibited in the public place;
d. ensure that no ashtrays or like paraphernalia are placed or permitted to
remain in the public place.
7. No person shall smoke and/or vape in or on the property of the public places as
shown on Schedule "B", except in the designated smoking and/or vaping areas
as shown on Schedule "C".
8. No person shall smoke and/or vape within any children's playground / play area
or park or within twenty (20) metres of any point on the perimeter of any
children's playground / play area or park within the Municipality, whether or not a
"No Smoking/No Vaping" sign is posted.
9. No person shall smoke and/or vape within:
a. 9 metre perimeter around restaurant or bar patios
b. 20 metre perimeter around school property
c. 20 metre perimeter around playgrounds and publicly owned sporting area
d. 20 metre perimeter around community recreational facility grounds
within the Municipality, whether or not a "No Smoking/No Vaping" sign is posted.
10. Smudging ceremonies of Indigenous peoples, in which sacred herbs and
medicines are burned as part of a ritual, or for cleansing or health purposes, is
permitted in enclosed public places and public places.
6. PART 6
SIGNAGE REQUIRED
1. Every employer and every proprietor shall post and maintain in conspicuous
locations at each public entranceway and public exit to the facility and in the
washrooms, a sign having the proportions, characteristics and minimum
measurements as set out and depicted in Schedule "A" of this By-law, and
consist of two (2) contrasting colors, or if the lettering and graphic symbol is to be
applied directly to a surface or to be mounted on a clear panel, the lettering and
graphic symbol shall contrast with the background. Every employer and every
proprietor must post enough of the individual (tobacco/e-cigarette) signs or
combined (tobacco and e-cigarette) signs at each public entranceway and public
exit to the facility and in the washrooms, to ensure that employees and the public
know that they cannot smoke and/or vape anything there.
2. Where a "No Smoking/No Vaping" sign is required to be placed or posted under
this By-law, the sign shall have the proportions, characteristics and minimum
measurements as set out in section 6 (1) as depicted in Schedule "A" of this By-
law.
3. Deviations from the color or content of the sign prescribed by this section that
does not affect the substance or that are not calculated to mislead do not
invalidate the sign.
4. A reference to a by-law of a former municipality or township, or to a predecessor
to this By-law on any signs that identifies a public place or a workplace in which
smoking and/or vaping are prohibited is deemed to be a reference to this By-law.
7. PART 7
ENFORCEMENT
1. An enforcement officer or inspector of the Municipality may, at any reasonable
time, enter any public place, enclosed public place or workplace for the purposes
of determining compliance with this By-law.
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2. No enforcement officer or by-law officer or inspector of the Municipality may enter
a workplace that is also a dwelling without the consent of the occupant or without
first obtaining and producing a warrant.
3. The provisions of this By-law respecting the designation of non-smoking areas,
the posting of signs and the duties imposed on the proprietor, employer or other
person in charge of a playground area, recreation field, park, public place or
workplace shall be enforced by municipal law enforcement officers or municipal
by-law enforcement officers.
8. PART 8
OFFENCES
1. Any person who contravenes any of the provisions of this By-law, or who hinders
or obstructs an enforcement officer or by-law officer or inspector lawfully carrying
out the enforcement of this by-law, is guilty of an offence and upon conviction is
liable to a fine of not more than five thousand dollars ($5,000.00) as provided for
in the Provincial Offences Act, R.S.O. 1990, chapter 33, or any successor
thereof.
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.
9. PART 9
CONFLICTS
If a provision of this By-law conflicts with an Act or Regulation or another by-law, the
provision that is the most restrictive of smoking and/or vaping shall prevail.
10. PART 10
SEVERABILITY
If any section or sections of this By-law or part thereof, is found in any court of law to
be illegal or beyond the power of the Municipality to enact, such section or sections
or part thereof shall be deemed to be severable and all other sections or parts of the
By-law shall be deemed to be separate and independent thereof and to be enacted
as such.
11. PART 11
REPEAL
By-law No. 2002-12 and any other by-law on the same subject matter which is
inconsistent with this By-law are hereby repealed.
12. PART 12
SCHEDULES
That the following schedules attached hereto shall form part of this By-law:
SCHEDULE "A" - Signage
SCHEDULE "B" - Municipal Lands where Smoking and/or Vaping is Prohibited
SCHEDULE "C" - Designated Smoking Areas
SCHEDULE "D" - Set Fines Schedule
SCHEDULE "E" - Policy
13. PART 13
MODIFICATIONS OR CORRECTIONS
The Clerk of The Corporation of the Municipality of Killarney is hereby authorized to
make any minor modifications or corrections of an administrative, numerical,
grammatical, semantically of descriptive nature or kind to this By-law and Schedules
as may be deemed necessary after the passage of this By-law, where such
modifications or corrections do not alter the intent of the By-law.
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14. PART 14
EFFECTIVE DATE
This By-law shall come into force and take effect on the day it is passed.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED IN OPEN
COUNCIL THIS 12TH DAY OF JUNE, 2024.
____________________________________
Michael Reider, Mayor
____________________________________
Gilles Legault, Deputy Clerk-Treasurer
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SCHEDULE "A" of BY-LAW 2024-22
SMOKE-FREE BY-LAW - SIGNAGE
The following graphic symbols, or likeness thereof, shall be used to indicate the areas where
smoking and/or vaping is prohibited pursuant to this By-law:
Signage Specifications
Official sign names:
-
-
-
Tobacco Sign for Employers
Tobacco Sign for Proprietors
Tobacco Sign for Hotels, Motels, and Inns
Minimum size: 10 centimetres (cm) high, 10 centimetres (cm) wide
Signage Specifications
Official sign names:
-
-
-
Electronic Cigarette Sign for Employers
Electronic Cigarette Sign for Proprietors
Electronic Cigarette Sign for Hotels, Motels, and Inns
Minimum size: 10 centimetres (cm) high, 10 centimetres (cm) wide
Signage Specifications
Official sign names:
-
-
-
Tobacco and Electronic Cigarette Sign for Employers
Tobacco and Electronic Cigarette Sign for Proprietors
Tobacco and Electronic Cigarette Sign for Hotels, Motels, and
Inns
Minimum size: 15 centimetres (cm) high, 20 centimetres (cm) wide
The graphic symbols as depicted above are available for download on the Province of
Ontario's website at: www.ontario.ca/page/no-smoking-no-vaping-signs-businesses.
Despite the fact that the symbol referred to is a cigarette, it shall include a lighted cigar,
cigarette, pipe or any other lighted smoking and/or vaping instrument including e/cigarettes or
inhalant-type devices.
Deviations from the color or content of the signs prescribed by this section that do not affect the
substance or that are not calculated to mislead do not invalidate the signs.
Any sign prohibiting smoking and/or vaping that refers to a by-law of a former municipality or
township, or to a predecessor to this By-law is deemed to be a reference to this By-law.
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SCHEDULE "B" of BY-LAW 2024-22
SMOKE-FREE BY-LAW - MUNICIPAL LANDS
WHERE SMOKING AND/OR VAPING IS PROHIBITED
As identified in Section 7 of Part 5, no person shall smoke and/or vape in or on the
following properties:
Address
Description
Details
32 Commissioner Street
Killarney Municipal
Office
Entire property except at
designated smoking and/or
vaping area
1096 Highway 637
Public Works Dept.
Entire property except at
designated smoking and/or
vaping area
34 Commissioner Street
Water Treatment Plant
Entire property
27 Channel Street
Low Lift Station
Entire property
36-B Commissioner Street
Killarney Health Centre Entire property
31 Commissioner Street
Fire Hall
Entire property
36-A Commissioner Street
EMS Station
Entire property
100 Ontario Street
Killarney Airport
Entire property
56-B Charles Street
Veteran's Memorial Hall Entire property
58 Charles Street
Killarney Community
Centre
Entire property
29 Commissioner Street
Killarney Museum
Entire property
9 Charles Street
Jailhouse
Entire property
23 Channel Street
Channel Marina
Entire property
Commissioner Street
St. Bonaventure
Cemetery
Entire property
Highway 637
All Saints Cemetery
Entire property
Perry Avenue
Town Beach
Entire property
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SCHEDULE "C" of BY-LAW 2024-22
SMOKE-FREE BY-LAW - DESIGNATED SMOKING AREAS
As identified in Section 7 of Part 5, the following are designated smoking and/or vaping
areas:
Address
Description
*Map/Details
32
Commissioner
Street
Killarney Municipal
Office
1096 Highway
637
Public Works
Department
*Location may vary - not to scale
1094
COMMISSIONER STREET
COMMISSIONER STREET
COMMISSIONER STREET
COMMISSIONER STREET
COMMISSIONER STREET
CHARLESSTREET
CHARLESSTREET
CHARLESSTREET
CHARLESSTREET
CH AR LES S TR E ET
38
31
16
4
17
31
12
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SCHEDULE "D" of BY-LAW 2024-22
SMOKE-FREE BY-LAW - SET FINES SCHEDULE
ITEM
COLUMN 1
Short form wording
COLUMN2
Provision creating
or
Defining Offence
COLUMN3
Set fines
1.
Smoking and/or vaping in any enclosed
workplace (including municipal
vehicles/machinery).
5(1)
$150.00
2.
Employer - fail to post a "No Smoking/No
Vaping" sign at every public entranceway,
public exit and washrooms.
5(2)
(d)
$150.00
3.
Smoking and/or vaping within a nine (9) metre
radius of any public entranceway or public exit
to a public place.
5(4)
$150.00
4.
Smoking and/or vaping in any enclosed public
places within the Municipality.
5(5)
$150.00
5.
Proprietor - fail to post a "No Smoking/No
Vaping" sign at every public entranceway,
public exit and washrooms.
5(6)
(c)
$150.00
6.
Smoking and/or vaping in or on the property of
a public place shown on Schedule "B".
5(7)
$150.00
7.
Smoking and/or vaping within any children's
playground / play area or park or within twenty
(20) metres of any point on the perimeter of
any children's playground / play area or park.
5(8)
$150.00
8..
Smoking and/or vaping within sporting areas,
spectator areas adjacent to sporting areas
and/or public areas within twenty (20) metres
of any point on the perimeter of a sporting area
or a spectator area adjacent to a sporting area.
5(9)
$150.00
*NOTE: Penalty provisions for the offences indicated above is Part 8 of By-Law 2024-22, a
certified copy of which has been filed.
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SCHEDULE "E" of BY-LAW 2024-22
SMOKE-FREE BY-LAW - POLICY
In order to promote the health, safety and welfare of the residents and workers within
the Municipality and to ensure that all public places including workplaces, public parks
and playgrounds are protected from second-hand smoke, Council has enacted a
"Smoke-Free By-law".
All residents of the Municipality are required to follow the provisions of the standards set
in the "Smoke-Free By-law".
"Smoking" is defined as the "carrying, holding or inhaling of lighted cannabis, a lighted
cigar, cigarette, water-pipe, pipe, or any other lighted smoking equipment".
"Vaping" is defined as "the act of heating and converting cannabis, an e-substance or
any other substance through a vaporizer or an electronic cigarette, for the purpose of
simulating the inhalation of smoke or vapour".
Smoking and/or vaping will not be allowed in the following areas:
-
-
-
-
-
-
All enclosed workplaces/municipal vehicles (unless they are a part of a private
dwelling);
Within a nine (9) metre radius of any public entranceway or public exit to any
public place within the Municipality;
Inside any public place within the Municipality;
Inside or on the property of the public places as shown on Schedule "B";
Within any children's playground / play area or park or within twenty (20) metres
of any point on the perimeter of any children's playground / play area or park;
Within sporting areas, spectator areas adjacent to sporting areas and/or public
areas within twenty (20) metres of any point on the perimeter of a sporting area
or a spectator area adjacent to a sporting area.
This information is for convenience and quick reference only. For specific
information, contact the Municipal By-law Enforcement Officer.