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THE CORPORATION OF THE CITY OF NORTH BAY
BY-LAW NO. 2012-97
BEING A BY-LAW TO REGULATE SMOKING IN PUBLIC
PLACES AND WORKPLACES IN THE CORPORATION OF
THE CITY OF NORTH BAY
(AND TO REPLEAL BY-LAW NO. 2003-05)
WHEREAS Section 115 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended,
authorizes the Council of a local municipality to pass a by-law to prohibit or regulate the
smoking of tobacco in public places and workplaces within the municipality;
AND WHEREAS section 1 0(2) of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, authorizes a municipality to pass by-laws respecting health, safety, and well-
being of persons;
AND WHEREAS section 12 of the Smoke-Free Ontario Act, S.O. 1994, c. 10, as
amended, permits municipalities to enact smoking by-laws that are more restrictive than
sections 9 and 1 0 of the Act;
AND WHEREAS Council authorized the enactment of the by-law to regulate smoking in
public places and workplaces by Resolution No. 2012-148 passed at its Regular
Meeting on Monday, March 5, 2012;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
NORTH BAY ENACTS AS FOLLOWS:
PART 1 -DEFINITIONS
1.1
In this by-law:
1.2
"apartment building" means a building containing six (6) or more dwelling units;
1.3
"City' means The Corporation of the City of North Bay;
1.4
"employee" means a person who performs any work for or supplies any service
to an employer, or a person who receives any instruction or training in the
activity, business, work, trade, occupation or profession of an employer and
includes a volunteer and a person who is self-employed and "employment" has a
corresponding meaning;
1.5
"employer' means any person who, as the owner, proprietor, manager,
contractor, superintendent, supervisor or overseer of any activity, business, work,
trade, occupation, or profession, has control over or direction of, or is directly or
indirectly responsible for the employment of an employee;
1.6
"entranceway" means the area within a nine metre radius surrounding
designated entrances to all municipal buildings and other buildings or properties
listed on Schedule "A", but does not include an outdoor patio as defined in the
Smoke-Free Ontario Act, S.O. 1994, c. 10 or a street, road or highway;
1. 7
"inspector' means any employee or class of employee of the North Bay Parry
Sound District Health Unit authorized by the Medical Officer of Health to carry out
an inspection under and to enforce the provisions of this by-law, or a person or
class of person appointed by Council of the City as a by-law enforcement officer
to enforce this by-law;
1.8
"municipal building" means any building or portion thereof owned or leased by
the Corporation of the City of North Bay;
1.9
"North Bay Regional Health Centre" ("NBRHC") means all properties owned or
leased solely by the North Bay General Hospital and/or the Northeast Mental
Health Centre, being the lands set out in Schedule "B";
1.10
"outdoor patio" means an outdoor area or partially enclosed outdoor area that
is adjacent to an establishment where food or beverages are sold and where
food or beverages, or both, are consumed by the public;
1.11
"person" includes a corporation;
1.12
"proprietor' means the person who ultimately controls, governs or directs the
activity carried on within a public place and includes the person actually in charge
of the premises at any particular time;
1.13
"public place" means any building, structure, vessel, vehicle or conveyance, or
part thereof, whether covered by a roof or not, to which the public has access as
of right or by invitation, expressed or implied, whether or not a fee is charged for
entry but does not include an outdoor patio or a street, road or highway;
1.14
"smoke" or "smoking" includes the carrying of a lighted cigar, cigarette, pipe or
any other lighted smoking equipment, but does not include smoke or smoking
where smoke or smoking is used in a stage production of a theatrical
performance;
1.15
"workplace" means a building, structure, vessel, vehicle or conveyance or part
thereof in which one or more employees work, including any other area utilized
by employees but does not include an outdoor patio or a street, road or highway.
PART 2- WORKPLACES
2.1
No person shall smoke in any workplace within the City whether or not a No
Smoking sign is posted.
2.2
Every employer shall:
(i)
ensure compliance with this by-law;
(ii)
give notice to each employee in the workplace that smoking is prohibited
in the workplace;
(iii)
post No Smoking signs in accordance with Part 4 of this by-law in
conspicuous locations at every entrance and in every washroom in the
workplace indicating that smoking is prohibited in the workplace; and
(iv)
ensure that no ashtrays or like paraphernalia are placed or permitted to
remain in any part of the workplace.
2.3
Sections 2.1 and 2.2 do not apply to:
(i)
a part of a workplace that is used as a private residence;
(ii)
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 is permitted; or
(iii)
a workplace located in a dwelling where the only employees of that
workplace are persons who live in the dwelling.
2
PART 3- PUBLIC PLACES
3.1
No person shall smoke in any public place within the City whether or not a No
Smoking sign is posted.
3.2
Every proprietor of a public place shall:
(i)
ensure compliance with this by-law;
(ii)
give notice to each person in the public place that smoking is prohibited in
the public place;
(iii)
post No Smoking signs in accordance with Part 4 of this by-law in
conspicuous locations at every entrance and in every washroom in the
public place indicating that smoking is prohibited in the public place; and
(iv)
ensure that no ashtrays or like paraphernalia are placed or permitted to
remain in any public place.
3.3
Sections 3.1 and 3.2 do not apply to 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 is permitted.
3.4
No person shall smoke on the NBRHC property, as designated in Schedule "B"
of this by-law.
3.5
No person shall smoke on City property as designated in Schedule "C" of this by-
law.
PART 4- ENTRANCEWAY PROHIBITION
4.1
No person shall smoke in:
(i)
an entranceway to a municipal building designated by Official Signs on
display;
(ii)
a designated workplace entranceway as set out in Schedule "A"; or
(iii)
the entranceway to an apartment building as set out in Schedule "D".
4.2
No person shall place or cause to be placed a receptacle for smoking within the 9
metre radius of a designated entranceway.
4.3
An entranceway to 4.1 (ii) or 4.1 (iii) may be designated as a non-smoking
entranceway under this by-law, by amendment to Schedule "A" hereof, at the
request of the employer or proprietor, respectively. The owner or proprietor of a
building may submit a letter to the City Clerk to request a designated
entranceway by including the following details:
(i)
the name, mailing address, and phone number of the employer or
proprietor requesting the prohibition; and
(ii)
the address of the property and a description of the location of the
entranceway to be designated as non-smoking.
PART 5- SIGNAGE REQUIRED
5.1
Every employer and every proprietor shall post and maintain in conspicuous
locations at each entrance to the facility and in every washroom, a sign at least
14 centimetres (5.5 inches) by 14 centimetres (5.5 inches) in size that includes:
3
(i)
a depiction of the international No Smoking symbol at least 7.5
centimetres (3 inches);
(ii)
lettering at least 0.8 centimetres (5/16 inch) high and at least 0.2
centimetres (1/16 inch) wide at the narrowest point; and
(iii)
with the rest of the lettering sized proportionately, which reads "City of
North Bay; Maximum Fine ($5000)".
5.2
Where a No Smoking 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 5.1 as depicted in Schedule "E" and consists of two (2)
contrasting colours, or if the lettering and graphic symbol is to be applied directly
to surface or to be mounted on a clear panel, the lettering and graphic symbol
shall contrast with the background.
5. 3
Despite the fact that the symbol referred to in Schedule "E" is a cigarette, it may
include a lighted cigar, cigarette, pipe or any other lighted smoking instrument.
5.4
Deviations from the colour or content of the sign prescribed by this section that
do not affect the substance or that are not calculated to mislead do not vitiate the
sign.
5.6
Any sign prohibiting smoking that refers to a previous version of this by-law or
that fails to refer to a by-law number is deemed to be referring to this by-law.
5.7
Where an entranceway has been designated as non-smoking under Part 4 of this
by-law, the employer or proprietor shall post and maintain in a conspicuous
location adjacent to the designated entrance a sign at least 14 centimeters (5.5
inches) by 14 centimeters (5.5 inches) in size that includes:
(i)
a depiction of the international No Smoking symbol at least 7.5
centimeters (3 inches) in height;
(ii)
lettering at least 0.8 centimetres (5/16 inch) high and at least 0.2
centimetres (1 /16 inch) wide at the narrowest point that reads "Smoking is
prohibited within 9 metres of this entranceway"; and
(iii)
with the rest of the lettering sized proportionately, which reads "City of
North Bay Bylaw".
as set out in Schedule "F".
PART 6- INSPECTIONS
6.1
An inspector may, at any reasonable time, enter any public place or workplace
for the purposes of determining compliance with this by-law.
6.2
No person shall hinder or obstruct, or attempt to hinder or obstruct, any inspector
who is exercising a power or performing a duty under this by-law, including
carrying out an inspection.
PART 7- OFFENCES AND ENFORCEMENT
7.1
Any person who contravenes any of the provisions 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).
7.2
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
4
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.
PART 8- CONFLICTS
8.1
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 shall prevail.
PART 9- SEVERABILITY
9.1
If any section or sections of the by-law or parts thereof, are found in any court of
law to be illegal or beyond the power of the City to enact, such section or
sections or parts 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 have been enacted as such.
PART 10- REPEAL
10.1
That By-Law No. 2003-05, as amended, is hereby repealed.
PART 11- EFFECTIVE DATE
11.0 This by-law shall come into effect upon being passed.
READ A FIRST TIME IN OPEN COUNCIL THE 19TH DAY OF MARCH 2012.
READ A SECOND TIME IN OPEN COUNCIL THE 19TH DAY OF MARCH, 2012.
READ A THIRD TIME IN OPEN COUNCIL AND ENACTED AND PASSED THIS 19TH
DAY OF MARCH, 2012.
"original signature on file"
00riginal signature on file"
MAYOR ALLAN McDONALD
CITY CLERK CATHERINE CONRAD
W IS.::;,LICIT\RMS\COOQ012\SMOKi\GENERAL\OOOI WPD
5
Schedule "A" to the Corporation of the City of North Bay By-Law No. 2012-97.
Designated workplaces with entranceway smoking prohibitions:
I
Workplace and Address
Entranceway(s)
Date of Designation
Northgate Mall
Parkdale Entrance
May 1, 2010
1500 Fisher Street
Northgate Mall
Tower Court Entrance
May 1, 2010
1500 Fisher Street
Northgate Mall
Food Court Entrance
May 1, 2010
1500 Fisher Street
Northgate Mall
ONR Entrance
May 1, 2010
1500 Fisher Street
Calvary Temple
All Entrances
May 1, 2010
271 Ski Club Road
[133 Main Street West
Front Entrance off Main Street
May 1, 2010
Rear Entrance off Oak Street
I Odd Fellows Temple
Front Entrance to Algonquin Ave.
May 1, 2010
i 1272 Algonquin Avenue
Rear Side Entrance to Parking lot
Momma Peon's
Front Entrance to Algonquin Ave.
May 1, 2010
1260 Algonquin Avenue
Rear Entrance to Highland Road
CIBC
Front Entrance to Algonquin Ave.
May 1, 2010
1236 Algonquin Avenue
Rear Entrance to Highland Road
, North Bay Parry Sound District
All Entrances
I Health Unit
May 1, 2010
I 681 Commercial Street
(1 Public and 2 Employee)
I North Bay Parry Sound District
Rear Main Entrance off Parking
I
.
May 1, 2010
I Health Un1t
1 700 Cassells Street
Lot
r--
Main Showroom Entrance,
I
I
Employee Showroom Fire Exit
l Northern Honda
i 1401 Seymour Street
Service Entrance, Parts/Receiving
May 1, 2010
i
Entrance, Garage Man-Door at
i
Rear Facing South-East
r--
i Yes! Employment Services
Main Entrance, 2 Side Entrances
July 26, 2010
I 945 Stockdale Road
and 2 Rear Entrances
I One Kids Place
Main Entrance Under Canopy to
July 26, 2010
I 400 McKeown Avenue
be Designated
i North Bay Mall
Winners Entrance, No Frills
July 26, 2010
1 300 Lakeshore Drive
Entrance, Sport Check Entrance
True North Chevrolet Cadillac
All Doors and Entrances
October 31, 2011
1370 Seymour Street
1 The North Bay Food Bank
Main Entrance
October 31, 2011
~19 Hammond Street
[ PT Works
Employee Entrance facing Shaw
Street, Customer Entrance facing
October 31, 2011
i 1831 Cassells Street
Olive Street
I r--
: The Lighthouse
I 975 McKeown Avenue
Front Entrance
October 31, 2011
I Martel & Mitchell Physiotherapy
Front Entrance
October 31, 2011
1 760 Cassells Street
mrst Choice Hair Cutters
Front Entrance
October 31, 2011
I 975 McKeown Avenue
6
Schedule "B" to the Corporation of the City of North Bay By-Law No. 2012-97.
The North Bay Regional Health Centre includes the following properties:
1.
Parcel 19012 Widdifield & Ferris:
Part of Lot 23, Concession B, former Township of Widdifield, now
City of North Bay, District of Nipissing, Parts 1 to 5 on Plan 36R- 10957 & Parts 9
& 10, on Plan 36R-11367;
Part of Lot 24, Concession B, former Township of Widdifield, now
City of North Bay, Parts 6 to 15 on Plan 36R-1 0957 and Parts 1, 2, 3 & 5 on Plan
36R-11367;
Save and except parts 1 & 2 on Plan 36R-11522;
Subject to L T77541 partially released by L T 406505;
Subject to L T405939, City of North Bay, in the District of Nipissing.
Municipally known as 50 College Drive
2.
Parcel 19063 Widdifield & Ferris;
Part of Lot 23, Concession B, former Township of Widdifield, now
City of North Bay, Parts 11, 12, 13, 14, 15, 16 & 17 on Plan 36R-11367;
Subject to L T405939, L T77541, North Bay, District of Nipissing
Municipally known as 50 College Drive
3.
Part of Lot 1, Concession B, of the Township of Commanda, Parts 16 to 25 on
Plan 36R-1 0957;
Subject to CD118, CD120 and NB162482, City of North Bay, in the District of
Nipissing
Municipally known as 50 College Drive
4.
Parcel 6-2 Section 36M-540
Part Block 6, Plan 36M-540, West Ferris
Part 1, Plan 36R-7158
North Bay, District of Nipissing
P.I.N. #49177-0026
Municipally known as 35 Ferris Drive and 43 Ferris Drive
5.
Lots 89-92, Lots 121-124, Plan 57 Widdifield
Part Lots 125 and 88, Plan 57
Part Lane Plan 57 abutting Lots 121-131 and
Lots 82-92 as closed by NB53093 as in NB159210
North Bay, District of Nipissing
P.I.N. #49155-0398
Municipally known as 120 King Street West
6.
Block A, Plan 116 Widdifield, except MRO
North Bay, District of Nipissing
P.I.N. #49161-0003 and
Block A, Plan 116 Widdifield except SRO
North Bay, District of Nipissing
P.I.N. #49161-0004
Municipally known as 1765 Jane Street
7
Schedule "C" to the Corporation of the City of North Bay By-Law No. 2012-97.
Corporation of the City of North Bay Properties as follows:
1.
The Steve Omischl Sports Field Complex
Located at the south end of Lakeshore Drive
Lot 12, RCP 5, and Part Lot 36, Concession
13, former Township of West Ferris
Parcels 2327 & 8654 Widdifield & Ferris
Municipally known as 11 05 Lakeshore Drive
8
Schedule "D" to the Corporation of the City of North Bay By-Law No. 2012-97.
Designated apartment buildings containing more than six (6) units with entranceway
smoking prohibitions:
I
Apartment Address
Entranceway(s)
Date of Designation
I
J 348 Worthington Street East
Front Entrance facing Worthington
May 1, 2010
Street East
190 Lavase Road
Front Entrance facing Lavase Road
May 1, 2010
430 Wickstead Avenue
Entrance at front of Office Building
May 1, 2010
I 420 Wickstead Avenue
Entrance at front of Building facing
May 1, 2010
Wickstead Avenue
Entrance at front of Building facing
l 432 Wickstead Avenue
May 1, 2010
~
Wickstead Avenue
i 444 Wickstead Avenue
Entrance at front of Building facing
May 1, 2010
~
Wickstead Avenue
I 462 Wickstead Avenue
Entrance at front of Building facing
May 1, 2010
Wickstead Avenue
r-
Entrance at front of Building facing
j474 Wickstead Avenue
Wickstead Avenue
May 1, 2010
r---------
Entrance at front of Building facing
I
1 486 Wickstead Avenue
Wickstead Avenue
May 1, 2010
i-
~Judge Avenue
14 separate 6-plex main entrances
May 1, 2010
1 134 Lindsay Street
Front Entrance
May 1, 2010
141 Lindsay Street
Front Entrance
May 1, 2010
387 Main Street West
Front Entrance
May_ 1, 2010
198 Hughes Road
Front Entrance
May1,2010
135 Worthington Street West
Front Entrance off Worthington
May 1, 2010
Street West
365 Lakeshore Drive
Front Entrance to Lobby facing
May 1, 2010
West
116 Blair Street
Front Entrance
May 1, 2010
480 Fisher Street
Rear Entrance Parking Lot
May 1, 2010
1272 Algonquin Avenue
Rear Side Entrance to Parking Lot
May 1, 2010
Marina Point Retirement Village
Main Entrance
July 26, 2010
130 Elm Street
1 Bay Manor
Front Entrance Facing Main Street
October 31, 2011
I 648 Main Street West
Douglas Court
Front Entrance Facing Douglas
October 31, 2011
1820 Douglas Street
Street
Elizabeth Court
Front Entrance Facing Johnston
October 31, 2011
1 19 Johnston Road
Road
I College Heights
Front Entrance Facing Private
October 31, 2011
i 730 Rose Avenue
Parking Lot
9
Schedule "E" to the Corporation of the City of North Bay By-Law No. 2012-97.
10
Schedule "F" to the Corporation of the City of North Bay By-Law No. 2012-97.
9 metres
Smoking is prohibited
within 9 metres of
this entranceway
City of North Bay Bylaw
11