This is the exact embedded text of the captured official document.
Snapshot 6a19b8888aae · verified 2026-08-29 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
The Corporation of the
Township of Selwyn
By- law No. 2018- 084
Being a By-law Respecting Smoking in Certain
Public Places in the Township of Selwyn and to
Repeal By- laws 2009- 099 and 2013- 016.
Whereas
Section
115 of the Municipal Act, 2001
S. O. 2001, Chapter 25 as
amended,
enables a municipality to prohibit or regulate the smoking of tobacco
in
public
places
and workplaces; and
Whereas
Section
10( 2) of the Municipal Act, 2001
S. O. 2001, Chapter 25 as
amended, permits
a municipality
to pass By-laws and make regulations for the
hecalth, safety
and
well- being of persons within the municipality;
Whereas
the Smoke - Free Ontario
Act, 2017, as amended, provides
regulations
on where smoking tobacco or cannabis or vaping ( e. g. with an e -cigarette) is
banned
in Ontario; and
Whereas
it has been determined
that tobacco
products, vapour products,
electronic
cigarettes, cannabis
and second hand smoke are a health hazard
because
of its impairment, adverse
effect and risk to health, and is a public
nui:3ance because of its irritating and discomforting
properties, to the inhabitants
of the Township
of Selwyn; and
Whereas
it is desirable
for the health, safety
and
well- being
of the inhabitants
of
the Township
of Selwyn
to provide for regulating where people may use tabacco
products,
vapour
products, and
cannabis,
in
order
to
protect
persons
from
conditions
injurious
to health
resulting
from
smoking
and
or from
second- hand
smIDke
in accordance
with the provisions
of this By- law,
Now Therefore the Council of the Township of Selwyn enacts as follows:
1.
Definitions
a.
Cannabis -- has the same meaning as in subsection 2 ( 1) of the Cannabis
Act ( Canada)
b.
Children' s Playground
and Play Areas -- an area that is not an enclosed
public place that is primarily used for the purpose of children' s recreation
and is equipped with children' s play equipment.
c. Community
Recreational
Facility -- an enclosed
public space or
workplace
that is owned by the Township
and is primarily used for athletic
or recreational
programs or services to the community.
d.
Electronic
Cigarette ( e -cigarette) -- means
a vaporizer
or 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 mouth, whether or not the vapour contains
nicotine.
e. Smoke or Smoking --means smoking ( inhaling and exhaling)
or holding
lighted tobacco
or cannabis ( medical or recreational).
f.
Sporting
Area
and
Spectator
Area -- is
an
area
that
is
not
enclosed
public space or an enclosed
workplace
that is owned by the Township, the
public is ordinarily
invited
or permitted
access and the area is primarily for
the purposes of sports.
g.
Tobacco
Product -- means
tobacco
in
any
processed
or
unprocessed
form that may be smoked, inhaled
or chewed, including
snuff, but does not
apply to products intended for use in nicotine replacement therapy.
h. Township -- means Township of Selwyn.
i.
Township
Trail -- means
any trail that
is
owned
and
maintained by the
Township of Selwyn.
j.
Vapour Product -- means
an electronic
cigarette, an e -substance, or any
component
of an electronic
cigarette.
2. General Prohibitions
a.
No
person
shall
smoke, hold
lighted
or consume tobacco, cannabis
or e -
cigarette
product
within
a
Twenty (
20)
metre
radius
surrounding
any
Children' s Playground and Play Areas at the following locations:
Burritt Mann Memorial Park - Selwyn
Ennismore
Waterfront
Park
Isabel Morris
Park -- Lakefield
Jones
Beach - Bridgenorth
Lakefield
Campground,
Beach and Playground -- Lakefield
Paul J. English Chemong Lions
Park - Bridgenorth
Robert
E. Young Recreation
Complex
Playground -- Ennismore
Woodland
Acres
Park -- Smith
b.
No person
shall smoke, hold lighted or consume tobacco, cannabis
or e -
cigarette product within a twenty ( 20) metre radius surrounding
any
Sporting Areas or Spectator Areas adjacent to a sporting areas at the
following
locations-
Douglas
Sports
Centre -- Lakefield
Ennismore
Softball
Diamond
Ennismore
Tractor
Pull
Ennismore
Baseball
Diamond
Ennismore
Waterfront
Park Beach
Ennismore
Basketball, Tennis and Pickleball
Courts
Lakefield
Park & Campground -
Lakefield
Paul J. English Chemong
Lions Park - Bridgenorth
Selwyn
Skateboard
Park -- Lakefield
Township Trails
c.
No person shall smoke, hold lighted or consume tobacco, cannabis or e -
cigarette product within a twenty ( 20) metre
radius
surrounding
any
Community Recreational Facility at the following locations:
All Recreation Buildings
including: Bridgenorth Community Hall,
Marshland
Centre, Centennial
Room, Robert E. Young Complex,
Lakefield- Smith Community Centre, Lakefield
Marina
All Libraries
d.
No person
shall smoke, hold lighted
or consume tobacco, cannabis
or e -
cigarette
product
within
a nine ( 9) metre
radius
surrounding
any entrance, exit
or air intake at any building owned and operated by the Township of Selwyn
including
but not limited to the following locations-
All Fire Halls
All Public Works
Buildings, including the Centre Line, Lakefield
and
Ennismore
Depots, and Landfill
Scale
House
Memorial
Hall
Township Administration
Office
3.
Exceptions
This By- law does not apply to any portion of a public road allowance or to any
private property.
4. Signs
a.
That the prescribed signage advising
the
public
of " No Smoking" areas be
posted at the
required location
as per the Smoke - Free
Ontario
Act 2017,
as amended.
5. Enforcement
This By- law may be enforced by any of the following:
a.
Person holding
the title of Tobacco
Enforcement
Officer who
is employed
by the Peterborough County City Health Unit;
b.
Police
Officer; or
c. By- law Enforcement Officer appointed by the Township.
6. Penalty
a.
Every person who contravenes any provisions of this By- law is guilty of an
offence
and
is liable to a fine, and
such
other
penalties, as provided
for in
the Provincial
Offences
Act, R. S. O. 1990, c. P. 33, and the Municipal
Act
2001, as each may be amended from time to time.
7. Severability
a.
In the
event
any
provision
of this By-law
is deemed
invalid
or void, in
whole
or
in
part, by
any
court
of competent jurisdiction, the
remaining
terms and
provisions
shall remain
in full force
and
effect unless the
court
makes an order to the contrary.
8. Duty to Identify
a.
Where
a Tobacco
Enforcement
Officer, Police Officer or By- law
Enforcement
Officer
has reasonable
grounds
to believe
that an offence
has been committed
by a person, they may require the name, address
and proof of identify of that person and the person shall supply the
required information. A failure by the person to supply the required
information constitutes a hindrance or obstruction of the Officer.
9.
Effective Date and Repeal
a. This By- law comes into effect on the date of passage and that By-laws 2009-
099 and 2013- 016 are hereby repealed.
Reed a First, Second and Third time and finally passed this
11th
day of
December A. D., 2018.
V-
Andy Mitchell
Mayor
Angela dhittick
Clerk
Corporate
Seal