This is the exact embedded text of the captured official document.
Snapshot 586e24799a4c · 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 NORTH DUNDAS
BY-LAW No. 2020-31
Being a By-law to prohibit the smoking or vaping of tobacco, e-substances,
cannabis, or any other substance in public places and workplaces within the
Township of North Dundas.
WHEREAS it has been determined that smoking or vaping can negatively affect indoor
and outdoor air quality for indicators including carbon monoxide and particulate
matter, which poses health risks to smokers and those exposed to the second-hand
smoke, vapour, or gas that are associated with or result from smoking or vaping;
AND WHEREAS second-hand smoke can trigger cardiovascular events and can
aggravate existing respiratory conditions;
AND WHEREAS second-hand smoke and vapour are deemed to be public nuisances
because of its irritating properties;
AND WHEREAS pursuant to subsection 8(3) of the Municipal Act, 2001, S.O. 2001, c.25
(the "Municipal Acf'), municipalities may regulate or prohibit, or require persons to
do things, respecting a matter;
AND WHEREAS pursuant to paragraphs 6 and 8 of subsection 10(2) of the Municipal
Act, a municipality may pass by-laws respecting the health, safety, and well-being
of persons, and the protection of persons and property, including consumer
protection;
AND WHEREAS Section 115 of the Municipal Act authorizes the council of a municipality
to pass by-laws prohibiting and regulating the smoking and vaping of tobacco and
cannabis in defined public places and workplaces within the municipality;
AND WHEREAS subsection 128(1) of the Municipal Act provides that a municipality may
prohibit and regulate with respect to public nuisances, including matters that are,
could become or cause public nuisances in the opinion of Council;
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 the Act and that
of a municipal by-law that deals with a matter to which the Act applies, the provision
that is more restrictive of the matter shall prevail;
NOW THEREFORE the Council of The Corporation of the Township of North Dundas
hereby enacts as follows:
1.0
SHORT TITLE
1.1
This By-law may be referred to as the "Smoking & Vaping By-law."
2.0
DEFINITIONS
2.1
For the purposes of this By-law, the following definitions shall apply:
"Ashtray" means a receptacle for ashes and for cigar and cigarette butts,
whether tobacco, cannabis, or any other substance;
"Cannabis" has the same meaning as in subsection 2(1) of the Cannabis
Act, S.C. 2018, c.16, as amended;
"Charcoal" means a combustible substance whose primary purpose is to
burn or heat a smoking product;
"Council" means the Council of The Corporation of the Township of North
Dundas;
"Electronic 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 e-substances, tobacco, nicotine,
cannabis or any other substance, and produces a vapour intended to be
inhaled by the user of the device;
"Employer"
includes
an
owner,
operator,
proprietor,
manager,
superintendent, overseer, receiver or trustee of an activity, business, work,
trade, occupation, profession, project or undertaking who has control or
direction of, or is directly or indirectly responsible for, the employment of a
person in it;
"Enclosed public place" means the inside of any place, building, structure,
or vehicle or conveyance, or any part thereof, that is covered by a roof and
to which the public is ordinarily invited or permitted access, either expressly
or by implication, whether or not a fee is charged for entry;
"Enclosed workplace" means the inside of any place, building, structure, or
vehicle or conveyance, or any part thereof, that is covered by a roof, in which
employees work or frequent during the course of their employment whether
or not they are acting in the course of their employment at the time, but does
not include a place or room used primarily as a private self-contained
dwelling;
"E-substance" means a substance that is manufactured or sold to be used
in an electronic cigarette, whether or not the substance contains nicotine;
"Municipal Law Enforcement Officer" means a person appointed by the
Township under Section 15 of the Police Services Act, R.S.O. 1990, cP.15;
"Officer" means a Municipal Law Enforcement Officer or a Tobacco
Enforcement Officer;
"Outdoor Municipal Property" means the outdoor area of all property
owned or leased by the Township including parks;
"Outdoor restaurant or bar patio" means an area that is not an enclosed
public place or an enclosed workplace that meets all the criteria set out in the
following paragraphs and includes picnic tables in conjunction with a
refreshment vehicle or restaurant:
a) the public is ordinarily invited or permitted access to the area, either
expressly or by implication, whether or not a fee is charged for entry,
or the area is worked in or frequented by employees during the course
of their employment, whether or not they are acting in the course of
their employment at the time; and
b) food or drink is served or sold or offered for consumption in the area,
or the area that is part of or operated in conjunction with an area where
food or drink is served or sold or offered;
"Park" means a playground, playing field, ball diamond, splash pad, beach,
sports field, including but not limited to recreation centres, community
buildings, facilities, squares, gardens, greenspaces, water, pedestrian
walkways or any other area owned, leased or used by the Township and
devoted to active or passive recreation and includes any lane or walkway or
public parking area leading thereto;
"Proprietor or other person in charge" means the person who controls,
governs or directs the activity carried on within an enclosed public place,
enclosed workplace, outdoor restaurant or bar patio, and includes the person
who is actually in charge thereof at any particular time;
"Refreshment Vehicle" means any vehicle from which refreshments are
sold for consumption by the public and includes, without limiting the generality
of the foregoing, french fried potato vendors, mobile canteens, hot dog
vendors, ice cream vendors, popcorn vendors, carts, wagons, trailers and
trucks, irrespective of the type of motive power employed to move the
refreshment vehicle from one point to another
"Restaurant" means all food and/or beverage service providers;
"Roof' means a physical barrier of any size, whether temporary or
permanent, that covers an area or place or any part of an area or place, and
that is capable of excluding rain and/or impeding airflow;
"Smoke" or "Smoking" means to hold, or otherwise have control over any
lighted tobacco, lighted cannabis, or any other lighted substance that
produces vapour, smoke, or gases that may be inhaled or exhaled, and
includes use of a cigarette, pipe, water pipe, or any other smoking equipment;
"Smoke-Free Ontario Act, 2017" means the Smoke-Free Ontario Act,
2017, S.D. 2017, c. 26, Sched. 3, as amended, and any regulation passed
under it;
"Smoking Product" means any substance whose primary purpose is to be
burned or heated to produce vapours, gases, or smoke, which may be
inhaled, and shall include but is not limited to tobacco, non-tobacco herbal
shisha, cannabis or any other substance;
"Vape" or "Vaping" means any of the following:
a) inhaling vapour from an electronic cigarette;
b) exhaling vapour from an electronic cigarette; or
c) holding or otherwise having control of an activated electronic cigarette;
"Water pipe" means a device, whether called a water pipe, hookah or any
other name, that burns or heats a smoking product, with which the vapour,
smoke or gases may pass through liquid prior to being inhaled, and excludes
an electronic cigarette as defined under the Smoke-Free Ontario Act, 2017;
and
"Township" means The Corporation of the Township of North Dundas.
3.0
GENERAL PROHIBITIONS
3.1
No person shall smoke or vape in the following places whether or not a "No
Smoking/No Vaping" sign is posted:
3.1.1
On outdoor municipal property;
3.1.2
On any outdoor restaurant or bar patio;
3.1.3
In any enclosed public place; and
3.1.4
In any enclosed workplace.
3.2
No person shall smoke or vape while on or within a vehicle that is located
on any municipal property.
3.3
No person shall remove, cover up, mutilate, deface or alter any "No
Smoking/No Vaping" sign.
4.0
EXEMPTIONS
4.1
Subsection 3.1 and 3.2 of the By-law shall not apply to a person:
4.1.1
Smoking or vaping on any portion of a highway;
4.1.2
Smoking or vaping on any part of a sidewalk abutting a Township
property, providing that the action is transitory;
5.0
DUTIES
5.1
No employer, proprietor, or other person in charge of an enclosed public
place, enclosed workplace, or outdoor restaurant or bar patio, shall permit
smoking or vaping in the enclosed public place, enclosed workplace,
outdoor restaurant or bar patio.
5.2
No employer, proprietor, or other person in charge of an enclosed public
place, enclosed workplace, or outdoor restaurant or bar patio, shall place
an ashtray, or allow an ashtray to remain, in any place where smoking and
vaping are prohibited pursuant to this By-law.
6.0
SIGNS
6.1
Every employer, proprietor, or other person in charge of an enclosed public
place, enclosed workplace, or outdoor restaurant or bar patio shall post
signs as required by the Smoke-Free Ontario Act, 2017, indicating that
smoking or vaping is not permitted in enclosed workplaces and enclosed
public places.
7.0
ENFORCEMENT
7.1
The Township By-law Division is responsible for the administration and
enforcement of this By-law.
7.2
No person shall obstruct, hinder or otherwise interfere an Officer in the
lawful performance of their duties and responsibilities under the provisions
of this By-law.
7.3
No person shall knowingly produce a false document or make a false or
misleading statement to an Officer who is acting pursuant to the authority of
this By-law.
8.0
ENTRY
8.1
An Officer may, at any reasonable time without prior notice, enter any
enclosed public place, enclosed workplace, or outdoor restaurant or bar
patio for the purposes of determining compliance with this By-law.
8.2
For the purposes of an inspection under subsection 7.1 an Officer may:
8.2.1
require the production for inspection of documents or things
relevant to the inspection;
8.2.2
inspect and remove documents or things relevant to the inspection
for the purposes of making copies or extracts;
8.2.3
require information from any person concerning a matter related to
the inspection; and
8.2.4
alone or in conjunction with a person possessing special or expert
knowledge, make examinations or take tests, samples or
photographs necessary for the purposes of the inspection.
9.0
OFFENCE
9.1
Any person who contravenes any provisions 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, c. P.33, as amended.
9.2
Where a person is convicted of an offence under this By-law, the Ontario
Court of Justice or any court of competent jurisdiction thereafter may, in
addition to any other penalty imposed on the person convicted, make an
order prohibiting the continuation or repetition of the offence by the person
convicted.
9.3
If a court of competent jurisdiction should declare any section or part of a
section of this By-law to be invalid, such section or part of a section shall
not be construed as having persuaded or influenced Council to pass the
remainder of the By-law, and it is hereby declared that the remainder of the
By-law shall be valid and shall remain in force.
10.0
REPEAL
10.1 Township of North Dundas By-law No. 29-99 is hereby repealed in its
entirety.
11.0
EFFECTIVE
11.1 This By-law shall come into full force and effect upon the date of its passing
by Council.
READ and passed in Open Council, signed and sealed this 11th day of August,
2020.