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THE CORPORATION OF THE MUNICIPALITY OF NORTH GRENVILLE
BY-LAW NO. 104-24
A by-law of the Municipality of North Grenville prohibiting the smoking and vaping of
tobacco, cannabis, and any other substance En public places and workplaces.
WHEREAS it has been determined that smoking 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;
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, as amended (the"Municipal Act), 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 specifically 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 also provides that a
municipality may prohibit and regulate with respect to public nuisances, including
matters that are or could become or cause public nuisances En the opinion of Council;
AND WHEREAS section 429 of the Municipal Act, provides that a municipality may
establish a system of fines for offences under a by-law of the municipality passed under
that Act;
AND WHEREAS subsection 434.1(1) of the Municipal Act, provides that a municipality
may require a person, subject to such conditions as the municipality considers
appropriate, to pay an administrative penalty if the municipality is satisfied that the
person has failed to comply with a by-!aw of the municipaiity passed under this Act;
AND WHEREAS the Smoke-Free Ontario Act, 2017^ 3.0. 2017, c. 26, as amended,
regulates smoking and vaping in Ontario and Section 18 specifically provides that if
there is a conflict between a provision of that Act and a provision of 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;
NOW THEREFORE, the Council of the Corporation of the Municipality of North
Grenvifle hereby enacts as follows:
DEFINITIONS
1. In this by-law:
"Administrative Penalty By-law" means the Administrative Penalty By-law of the
Municipality, as amended from time to time, or any successor thereof;
"ashtray" means a receptacle for ashes and for cigar and cigarette butts, whether
tobacco, cannabis, or any other substance;
"By-law Officer" means a person appointed by Council of the Municipality of North
Grenville as a Municipal Law Enforcement Officer to enforce the provisions of the by-
law;
"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 bum or heat
a smoking product;
"Council" means the elected municipal council of the Municipality of North Grenville;
"designated" means designated by Municipal by-law;
"designated provision" means any section of this by-law designated in accordance with
section 13 of this By-Law;
"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 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 a part of any of them, 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 a part of any of them, 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;
"inspector" means a Smoke Free Ontario Inspector;
"Municipal Act" means the Municipal Act, 2001, 8.0. 2001, c. 25, as amended, and
any regulation passed under it;
"outdoor municipal property" means the outdoor area of all property owned or leased
by the Municipality of North Grenville including but not limited to a park;
"outdoor restaurant or bar patio" means an area that is not an enclosed public
place or an enclosed workplace and that meets all the criteria set out in the
following paragraphs:
(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 En 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, sports field, beach including
but not limited to the area of the water under the control or supervision of the
Municipality, recreation centre, community building, facility, square, garden, water,
pedestrian walkway or any other area owned, leased or used by the Municipality and
devoted to active or passive recreation and includes any lane or waikway or public
parking area leading thereto;
"Police" means a police officer of the Ontario Provincial Police;
"property owner" Includes,
(a) the registered owner on title of the property
(b) the person, for the time being, managing or receiving the rent of the [and or
premises in connection with which the word is used, whether on the person's
own account or as agent or trustee of any other person, or who would receive
the rent if the land and premises were let; and,
(c) the lessee or occupant of the property;
"proprietor or other person En 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;
"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 or impeding airflow, or both;
"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, orgasesthatmay 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.O.
2017, c. 26, Sch.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 bums 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.
INTERPRETATION
2. (1) Headings are for reference purposes and shall not affect in any way the
meaning or interpretation of the provisions of this by-law.
(2) Unless otherwise defined, the words and phrases used in this by-law have
their normal and ordinary meaning.
(3) !f any section, subsection, paragraph, or part thereof, is declared by any
Court to be bad, illegal, or ultra vires, such section, subsection, paragraph,
part or parts shall be deemed to be severable and all parts of this by-law
are declared to be separate and independent and enacted as such.
GENERAL PROHIBITION
3. (1) No person shall smoke or vape in a designated place set out in subsection
(2).
(2) The following are designated places for the purposes of subsection (1):
(a) on outdoor municipal property;
(b) on any outdoor restaurant or bar patio;
(c) in any enclosed public place;
(d) in any enclosed workplace;
(e) within three (3) metres of any entrance or exit of an enclosed
workplace or enclosed public place;
DUTIES
4. No employer, proprietor, property owner, or other person In charge of an
enclosed public place, enclosed workplace, outdoor restaurant or bar patio,
shall permit smoking or vaping in the enclosed public place, enclosed
workplace, outdoor restaurant or bar patio, or stand.
5. No employer, proprietor, property owner, or other person in charge of an
enclosed public place, enclosed workplace, outdoor restaurant or bar patio.
shall display or permit the display of a water pipe or component of a water pipe
that contains or has on it any of the following:
(a) a smoking product;
(b) residue of a smoking product;
(c) charcoal; or
(d) liquid that smoke or gases may pass through prior to being inhaled.
6. No employer, proprietor, property owner, or other person in charge of an
enclosed public place, enclosed workplace, 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.
SIGNS
7. Every employer, proprietor, property owner, 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 and vaping are not permitted.
OFFENCES AND PENALTIES
8. Any person who hinders or obstructs a person lawfully carrying out the
enforcement of this by-law is guilty of an offence.
9. Any person who contravenes any of the provisions of this by-law is guilty of an
offence.
10. Every person who is convicted of an offence under this by-law is liable to a
minimum fine not exceeding $500 and to a maximum fine not exceeding
$100,000 for each day that the offence occurs or continues pursuant to
subsection 429(1) and (3) of the Municipal Act, 2001, and all such offences are
designated as continuing offences as provided for in subsection 429(2), paragraph
2, of the Municipal Act, 2001.
11. In addition to section 10, the total of a!l daily fines for the offence is not limited to
$100,000 as provided for in subsection 429(3), paragraph 2, of the Municipal Act,
2001.
12. When a person has been convicted of an offence under this by-law, the Ontario
Court of Justice, or any court of competent jurisdiction may, in addition to any
penalty imposed on the person convicted, issue an order;
(a) prohibiting the continuation or repetition of the offence by the person
convicted; and
(b) requiring the person convicted to correct the contravention in the manner
and within the period that the court considers appropriate.
13. Sections 3, 4, 5, 6, 7, and 8, inclusive of all subsections thereunder, of this By-
!aw are hereby designated as parts of this by-law to which the Admjnistrative
Penalty By-law applies.
14. Any person who contravenes any Designated Provision of this by-law shall, upon
issuance of a penalty notice in accordance with the Administrative Penalty By-law,
be liable to pay an administrative penalty and any administrative fees.
15. All the provisions of this by-law continue to apply in the Provincial Offences Act
in addition to the designated provisions of this by-law.
16. Where a person has not paid the administrative penalty within thirty (30) days in
accordance with the Administrative Penalty By-law, the Municipality may add the
administrative penalty to the tax roll for any property for which the owner or owners
are responsible for paying the administrative penalty under Section 14
ENFORCEMENT
17. The by-law shall be enforced by a By-law Officer, Inspector or by the Police.
BY-LAW OFFICERS
18. (1) A By-law Officer may, at any reasonable time without prior notice, enter
any enclosed public place, enclosed workplace, outdoor restaurant or bar
patio, for the purposes of determining compliance with this by-law.
(2) For the purposes of an inspection under subsection (1), a By-law Officer
may,
(a) require the production for inspection of documents or things relevant
to the inspection;
(b) inspect and remove documents or things relevant to the inspection
for the purposes of making copies or extracts;
(c) require information from any person concerning a matter related to
the inspection; and,
(d) 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.
REPEAL
19. By-law No. 57-15 is hereby repealed as of January 2nd, 2025.
TRANSITION
20. The repeal of by-laws or provisions of by-laws pursuant to Section 19 sha!l not
affect any offence committed against the repealed by-laws or provisions, or any
penalty incurred or investigative proceeding commenced thereunder.
ADMINISTRATIVE
21. The Clerk of the Municipality of North Grenville is hereby authorized to make any
minor modifications or corrections of an administrative, numerical, grammatical,
semantic or descriptive nature or kind to this by-law and schedules as may be
deemed necessary after passage of this By-Law, where such modifications or
corrections do not alter the intent of the By-Law.
EFFECTIVE DATE
22. This by-law shall come into effect on January 2nd, 2025,
SHORT TITLE
23. This by-law may be cited as the "Smoking and Vaping By-law"
PASSED AND ENACTED this 18th day of November, 2024.
1ANCY PECKF/OR
^ayc
ILOEPReSTC^N ^
Clerk