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Consolidated to May 28, 2019
1
BY-LAW NUMBER 174-2003
OF
THE CORPORATION OF THE CITY OF STRATFORD
BEING a By-law to regulate smoking in public places and
work places in the City of Stratford and to repeal By-law
62-93 as amended.
WHEREAS Section 8 of the Municipal Act 2001, S.O. 2001, c.25 as amended provides
that the powers of a municipality shall be interpreted broadly so as to confer broad
authority on the municipality to govern its affairs as it considers appropriate and to
enhance the municipality's ability to respond to municipal issues;
AND WHEREAS Section 9 of the Municipal Act, 2001 provides that a municipality has
the capacity, rights, powers and privileges of a natural person for the purpose of
exercising its authority;
AND WHEREAS clause 6 of subsection 10 (2) of the Municipal Act, 2001 provides that
a municipality may pass by-laws in the interest of the health, safety and well-being of its
residents;
AND WHEREAS section 115 of the Municipal Act, 2001 authorizes the council of a
municipality to pass a by-law regulating the smoking or vapourizing of tobacco and
cannabis in public places and work places within the municipality and designating public
places or work places or classes or parts of such places as places in which smoking
tobacco or cannabis or holding lighted tobacco, cannabis, or an electronic cigarette is
prohibited;
AND WHEREAS Section 128 of the Municipal Act, 2001 provides that a municipality may
prohibit and regulate with respect to public nuisances, including matters that, in the
opinion of the council are or could become or cause public nuisances;
AND WHEREAS Section 129 of the Municipal Act, 2001 provides that a local municipality
may prohibit and regulate with respect to odours;
AND WHEREAS the Council of The Corporation of the City of Stratford wishes to prohibit
the smoking or vapourizing of tobacco and cannabis in certain public places;
AND WHEREAS Section 18 of the Smoke-Free Ontario Act, 2017, S.O. 2017, c. 26,
Schedule 3, contemplates that a municipal by-law may deal with a matter to which that
Act applies but in a more restrictive manner, and directs that the by-law prevails to the
extent that it is more restrictive than the Act;
AND WHEREAS it has been determined that second-hand smoke is a serious health
hazard because of its adverse effects and risk to the health of the inhabitants, visitors
and workers in the municipality;
AND WHEREAS it is desirable for the purpose of promoting and protecting the health,
safety and welfare of the inhabitants, visitors and workers of the City to ensure that public
places and work places will be free from second-hand smoke, except those places or
areas exempted by by-law;
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NOW THEREFORE BE IT ENACTED by Council of Corporation of the City of Stratford
as follows:
1.0 Definitions and Interpretation
In this By-law:
"bar or night club" means a building or structure, or a portion thereof, which has both
of the following features:
1) the predominant purpose is the serving of alcohol and entry is intended to be
restricted to those of the age of majority; and,
2) the food served, if any, would generally be described as a "snack" rather than a
full meal;
and includes, without limiting the generally of the foregoing, bars, taverns, nights clubs,
adult entertainment establishments;
"beer garden, beer tent or tent" means a delineated outdoor area where beverages
are sold or offered to the public for immediate consumption that:
1) is not covered by a temporary or permanent roof; or
2) if covered by a temporary or permanent roof;
i) has no permanent walls surrounding the roofed area; and
ii) has a circulation of fresh air through the area.
"bingo hall" means any building, location or premises where bingo events within the
meaning of the Gaming Control Act, 1992 are conducted;
"cannabis" means cannabis as defined in section 2(1) of the Cannabis Act (Canada) and
includes any products containing cannabis;
"casino" means an establishment within the meaning of the Gaming Control Act, 1992
and includes any building, location or premises or portion thereof, where the conduct of
one or more gaming events is held for the purpose of raising money for a charity or non-
profit organization;
"City" means The Corporation of the City of Stratford;
"City Park" means land and land covered by water and all portions thereof under the
control, management or joint-management of the City, that is or hereafter may be
established, dedicated, set apart or made available by the City for recreational purposes,
including without limiting the generality of the foregoing, a park, playgrounds, sports
fields, playing fields, trails, splashpads, pools, a leash-free dog park, skate park, and an
environmentally significant area, including any buildings, structures, facilities, erections
and improvements located in or on such land;
"common area" means any indoor area of a building that is open to the public for the
purposes of access to a retail establishment, office, hotel, motel, inn, hostel, shopping
mall, shopping plaza, and includes an elevator, escalator, stairway, corridor, passageway,
hallway, unenclosed eating areas in corridors, public restrooms, unenclosed public seating
areas and unenclosed public standing areas, whether or not the eating area, seating area
or standing area is leased;
"common area of a residential building" includes, but is not limited to an elevator,
escalator, stairway, hallway, corridor, a laundry room, a foyer, a reception area, a
community room and a parking garage. It does not include rented or privately owned
living quarters;
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"convention facility" means a place of public assembly with space available for rent or
lease for a meeting or assembly of persons, representatives or delegates, whether public
or private in nature and includes a hotel convention facility;
"designated public place" means a public place as designated under section 2 of this
By-law;
"designated smoking room (DSR)" means a room designated by the employer or
proprietor for use as a smoking area provided that the room is separately enclosed and
ventilated to the exterior of the premises in accordance with the standards as prescribed
in the Tobacco Control Act Ontario Regulation 613/94 and any amendments thereto.
Further, the room designated as a DSR must be:
1) not located in an essential part of the building through which persons must travel
to get to another area of the premises, such as but not limited to a work site, an
office, storage area, eating area, washroom, stairwell or reception area;
2) either:
i) set aside specifically for the purpose of smoking; or
ii) set aside for the purpose of smoking and for the purpose of carrying on
another activity if there is another area on the premises, that is equal to or
greater in size than the smoking area, in which smoking is not permitted
and in which that other activity may be carried on; and
3) is signed by the proprietor as a DSR in prominent locations in the DSR and at
entrances to the DSR so as to be conspicuous at all times
"electronic cigarette" or "e-cigarette" or "electronic smoking device" means a
vapourizer 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 or cannabis;
"employee" means a person who, being paid or unpaid, 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;
"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 and with respect to public transportation vehicles,
taxicabs or limousines, the owner or operator of the public transportation vehicle or
taxicab service;
"Entrance or Exit" means any entrance or exit used by the public and or staff to enter
or exit a Municipal Building and also means any external serving window of a municipal
building or municipal occupied building, or part thereof which is used as a concession
stand;
"food court" means an area within an enclosed shopping area or shopping mall where
food or drink is offered for sale or sold to the public for immediate consumption;
"inspector" means any employee or class of employee of the City or the Perth District
Health Unit, authorized by the City to carry out an inspection 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, or any police officer of the Stratford Police
Services;
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"laundromat" means any facility, premises or areas within a building to which the public
has access for the purposes of laundering, washing or drying;
"Market Square" means the property where City Hall is located and described as the
lands bounded by Downie Street, Wellington Street and Block "C" otherwise known as
Market Place;
"Municipal Building" means any enclosed building or structure owned by the City or
any building of which any portion is rented to the City and includes, and is not limited to
municipal offices, transit facilities, bus shelters, community centres, libraries, indoor
swimming pools, arenas, museums, art galleries, public washrooms, concession stands,
recreational centres, fire halls, ambulance stations, police stations, golf course clubhouses
and all Perth and Stratford Housing Corporation (PSHC) properties;
"outdoor area" means an existing area as of the date of this By-law coming into force,
where food or beverages are sold or offered to the public for immediate consumption
that:
1) is not covered by a temporary or permanent roof; or
2) if covered by a temporary or permanent roof:
i) has one or more unobstructed, exterior openings in the walls surrounding
the roofed area which are:
a)
located between the floor and a height of 2.44 metres above
the floor, and
b)
equal to or greater in area than 35% of the total wall surface,
such wall surface to be calculated as if the roofed area were
surrounded by walls 2.44 metres in height;
ii) does not share open windows with a place of refreshment;
iii) does not share open doors with a place of refreshment, except when doors
are being opened by individuals to enter or exit the outdoor area;
iv) does not have a thermostat controlled heating or air conditioning system
nor does it share a thermostat controlled heating or air conditioning system
with a place of refreshment; and,
v) has a circulation of fresh air throughout the area.
"person" includes a corporation;
"place of amusement" means an indoor area of a building or structure or portion
thereof, whether privately or publicly owned, in which the predominant use is that of the
playing of games or amusement and includes without limiting the generality thereof,
bowling, billiards or pool, video games arcade machines;
"place of public assembly" means the whole or part of an area to which the public has
access by right or by invitation, express or implied, whether by payment of money or not,
but does not include an outdoor area;
"place of refreshment" means any premises where food or drink is offered for sale or
is sold to the public for immediate consumption together with any part where the public
has access and includes without limiting such, a restaurant, a dining room, a dairy bar, a
coffee shop, a donut shop, a snack bar, a refreshment stand, a banquet hall or facility, a
bar or night club, a tavern, an adult entertainment establishment, a beer garden, beer
tent or tent, but does not include an outdoor area;
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"playground" means any part of an outdoor area fitted with play equipment, including
but not limited to slides, swings, climbing equipment. This area may be defined by a
border which encloses an area of sand, rubber, or any similar safety surface;
"private club" means a club that:
1) has a membership list;
2) where each member is required by the club to pay an annual or periodic
membership;
3) has an executive/leadership that is elected by all the members on an annual or
periodic basis;
4) has a constitution or by-laws that provide the governing rules for the membership,
executives, fees, etc.,
5) is not-for-profit;
6) that has a requirement in its by-laws where non-members cannot enter the
premises to consume food or alcohol unless accompanied by a member.
"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;
"public facility" means any hall, room or banquet area whether publicly owned or
privately owned, and is rented for an event or function but does not include an outdoor
area;
"public place" means the whole or part of any building to which the public has access;
"reception area" means the public space used by an office or establishment for the
receiving or greeting of customers, clients or other persons dealing with such office or
establishment;
"Recreation Amenity" means any part of an outdoor area established for recreation or
sport activity, including but not limited to playgrounds, pools, wading pools, spray pads,
outdoor skating rinks, sport fields (including but not limited to fields for soccer, baseball,
football, field hockey, lacrosse, cricket), skateboard parks, bicycle or BMX parks, courts
(including but not limited to courts for tennis, basketball);"
"retail establishment" means any building or part of a building, booth, stall or place
where goods are exposed for sale or offered for sale by retail;
"school bus" means a public vehicle licensed for the purpose of transporting children to
and from school or to or from any activity, event or function associated therewith;
"seating capacity" means the number of legal seats available for use by patrons or
customers engaging in the immediate consumption of food or drink while seated;
"service counter" means an indoor counter where persons receive a service including,
but not limited to, the exchange of money, sales, provision of information, transactions,
advice or the transfer of money or goods;
"service line" means an indoor line of two or more persons awaiting service of any kind,
regardless of whether or not such service involves the exchange of money including, but
not limited to sales, provision of information, transactions, advice or the transfer of money
or goods;
"shopping mall" means any enclosed building or group of buildings containing one or
more retail establishments;
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"smoke" or "smoking" means the smoking or holding of lighted tobacco, cannabis or
electronic cigarettes in any form and includes the holding or carrying of a lighted cigar,
cigarette, e-cigarette or pipe or any other lighted smoking equipment, but excludes smoke
or smoking where smoke or smoking is used in a stage production of a theatrical rehearsal
or performance;
"smoke-free" means that no smoking or vaping is permitted;
"taxi-cab service" means the use of a taxi-cab or other vehicle for the conveyance of
one or more passengers in exchange for a fee or other consideration;
"vapourizing or vaping or vape" means:
1) inhaling or exhaling the vapour, emissions or aerosol produced by an electronic
smoking device or similar device containing tobacco, cannabis or any other
substance, or,
2) holding or otherwise having control of an electronic smoking device that is
producing vapour, emissions or aerosol from tobacco, cannabis or any other
substances;
"work place" means a building, structure, vessel, vehicle or conveyance or part thereof,
to which the public may or may not have access either express or implied, in which one
or more employees work, including any other area in the building, structure, vessel,
vehicle or conveyance utilized by employees, but does not include an outdoor patio.
1.1
All schedules attached to this By-law form part of this By-law.
1.2
Headings and sub-headings are inserted for ease of reference and guidance
purposes only and do not form part of this By-law.
1.3
Where this By-law cites or refers to any act, regulation, code or other by-law, the
citation or reference is to that act, regulation, code or other by-law as amended,
whether amended before or after the commencement of this By-law, and includes
reference to any other act, regulation, code or other by-law that may be
substituted in its place.
1.4
Nothing in this By-law relieves a person from complying with any provision of any
federal, provincial or municipal law or regulation or any requirement of any lawful
permit, order or licence.
2.0 General Prohibitions
2.1
No person shall smoke or vape in any of the following designated public places,
whether or not a no smoking sign is posted:
a)
a common area;
b)
any indoor service line or any service counter in any premise to which the public
has access;
c)
a school bus;
d)
a theatre or auditorium, gymnasium, indoor swimming pool, locker room,
arena, community centre, library, museum or art gallery or other enclosed
place of public assembly;
e)
a public washroom;
f)
a food court;
g)
a public facility;
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h)
a reception area;
i)
a place of amusement;
j)
a municipally owned or leased building, structure, vehicle, vessel or
conveyance;
k)
a bingo hall;
l)
a place of refreshment;
m)
a taxi-cab service;
n)
a public transit vehicle;
o)
a common area of a residential building;
p)
a retail establishment or a shopping mall;
q)
a transit waiting room, including a transit shelter;
r)
a convention facility;
s)
an enclosed parking garage to which the public has access;
t)
a laundromat;
u)
a barber shop or hairdressing establishment;
v)
a casino, race track or premises with slot machines;
w)
a shelter or drop in centre;
x)
a common area of a public place;
y)
a private club;
z)
all Perth and Stratford Housing Corporation (PSHC) properties for those lease
agreements entered into after August, 2018; and
aa)
Indoor common areas in condominiums, apartment buildings and university /
college residences.
2.2
No person shall smoke or vape in any work place whether or not a no smoking
sign is posted.
2.3
Every proprietor and every employer shall ensure compliance with this By-law.
2.4
Every operator of a taxi-cab service shall ensure compliance with the provisions of
this By-law at all times while operating as a taxi-cab or limousine.
2.5
Every employer shall make it known to each employee in the work place that
smoking is prohibited in the work place.
2.6
An employer, operator, or proprietor must not permit a person to smoke or vape
on premises controlled or owned by them where doing so is prohibited by this By-
law.
3.0 Signs to be Posted
3.1
Every proprietor of a public place subject to the provisions of this By-law, and
every employer shall post and maintain signs at each entrance to their building or
premises and in each washroom, in locations that are clearly visible to all persons.
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3.2
Each sign required to be posted by this By-law shall be a minimum of 14
centimetres (5.5 inches) by 14 centimetres (5.5 inches) in size that includes a
depiction of the international no smoking symbol at least 7.5 centimetres (3
inches) in size and have lettering at least 1.6 centimetres (5/8 inch) high and at
least 0.4 centimetres (1/8 inch) wide at the narrowest point with the rest of the
letters sized proportionately that reads "City of Stratford By-law, Maximum Fine
$5,000" as shown in Schedule "A" attached hereto.
3.3
Any sign prohibiting smoking that refers to a previous By-law of the City is deemed
to be referring to this By-law.
3.4
No person shall remove, cover up or alter any sign which has been posted pursuant
to the requirements of this By-law.
4.0 Ashtrays
4.1
Every employer shall ensure that no ashtrays or similar like paraphernalia are
placed or permitted to remain in any part of the work place.
4.2
Every proprietor shall ensure that no ashtrays or similar like paraphernalia are
placed or permitted to remain in any part of the premises referred to in this By-
law, where smoking is prohibited.
5.0 Exemptions and Restricted Areas
5.1
Despite any other provisions of this By-law, a person may smoke or vape in the
following areas, provided the area meets the conditions of the Smoke-free Ontario
Act, 2017 for such exemption:
a)
an outdoor area subject to the provisions of this By-law including but not limited
to section 14;
b)
a room or rooms in a hotel, motel or other place where rooms are rented for
sleeping accommodation, provided that:
i) the room is used for sleeping accommodation only;
ii) each room is identified and specifically set aside as a room in which smoking
is permitted; and
iii) the proprietor indicates that smoking is permitted in the identified room(s)
by installing and maintaining a sign that is at the entrance to the identified
room(s) so as to be conspicuous at all times;
c) short term accommodation units in private residence buildings;
d) a bed and breakfast establishment, a guest home;
e) private dwellings;
f) Despite any other provision of the By-law, a person may smoke or vape in a
location permitted pursuant to section 13 of the Smoke-Free Ontario Act, 2017.
5.2
Notwithstanding section 5.0 of this By-law, a Designated Smoking Room (DSR)
shall not be permitted to be installed after April 1, 2005 in premises where a DSR,
in accordance with this by-law, did not previously exist. This provision does not
prohibit maintenance after April 1, 2005, of a lawfully established DSR.
5.3
A new outdoor area established after this by-law comes into effect, in which
smoking is permitted in accordance with all other provisions of this By-law, shall
be restricted to a maximum seating capacity of 50.
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6.0 Inspections
6.1
An inspector may, at any reasonable time, enter any designated public place or
work place for the purposes of determining compliance with this By-law.
6.2
No inspector may enter a work place that is also a dwelling without the consent of
the occupant or without first obtaining and producing a warrant.
6.3
No person shall hinder or obstruct, or attempt to hinder or obstruct, an inspector
in the exercise of a power or performance of a duty under this By-law.
6.4
Where any person contravenes any provision of this By-law, an Inspector may
direct such person to comply with this By-law. No person so directed, shall fail to
comply with such direction without delay.
6.5
Where an Inspector has reasonable grounds to believe that an offence has been
committed by a person, the Inspector may require the name, address and proof
of identity of that person and no person shall fail to supply the required
information.
7.0 Offences and Penalty
7.1
Every person who is convicted of an offence under any provisions of this By-law
shall be liable to a penalty as set out in section 61 of the Provincial Offences Act,
R.S.O. 1990 chapter P.33 or any successor thereof.
7.2
If this By-law is contravened and a conviction entered, in addition to any other
remedy and to any penalty that is imposed, the court in which the conviction is
entered and any court of competent jurisdiction thereafter may make an order
prohibiting the continuation or repetition of the offence by the person convicted.
8.0 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.
9.0 Severability
9.1
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 City to enact, such 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.
10.0 Repeal
10.1 By-law 62-93 and any amendments thereto are repealed upon this By-law coming
into effect.
11.0 Effective Date
11.1 This By-law comes into effect on August 1, 2004 as it relates to Bingo Country,
Royal Canadian Legion Branch 8, and Army Navy and Air Force Veterans Club, Unit
261.
11.2 This By-law comes into effect on April 1, 2004 as it relates to all other locations.
12.0 Schedules
12.1 Schedule "A" attached hereto forms part of this By-law.
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12.2 Schedule "B" attached hereto forms part of this By-law.
12.3 Schedule "C" attached hereto forms part of this By-law.
13.0 Title
13.1 This By-law may be cited as the City of Stratford "Smoking in Public Places By-
law".
14.0 Outdoor Spaces
14.1 No person shall be permitted to smoke or vape within nine (9) metres (30 feet) of
any part of the following outdoor spaces:
a)
an Entrance or Exit of a Municipal Building
b)
Sheltered outdoors areas with a roof and more than two walls that the public
or employees frequent, or are invited to (such as a bus shelter);
c)
City property.
14.2 No person shall be permitted to smoke or vape within any of the following outdoor
spaces:
a)
Children's playgrounds and all public areas within 20 metres of these grounds;
b)
Schools, on school grounds, and all public areas within 20 metres of these
grounds;
c)
Publicly owned sports fields, nearby spectator areas and public areas within 20
metres of these areas;
d)
Outdoor grounds of hospitals (public/private) and psychiatric facilities;
e)
Reserved seating areas at outdoor sports and entertainment locations;
f)
Grounds of community recreational facilities, and public areas within 20 metres
of those grounds; and,
g)
Restaurant and bar patios and within 9 metres of these patios.
14.3 No person shall be permitted to smoke or vape in a City Park.
14.4 No person shall be permitted to smoke or vape in Market Square in the following
areas:
a)
Those areas identified on the attached Schedule 'B';
b)
In the parking area or sidewalk area when Market Square is closed for a special
event in accordance with the applicable permits issued by the City and as
identified in Schedule 'C;' and
c)
Within 9 metres of any entrance to Stratford City Hall."
15.0 Hospital Property
15.1 No person shall smoke on Stratford General Hospital properties identified by
municipal address below, or in any buildings, structures and open spaces located
on the municipal addresses below:
a)
46 General Hospital Drive
b)
90 John Street South
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c)
88 John Street South
d)
86 John Street South
e)
118 John Street South
f)
130 Youngs Street.
16.0 Exemptions to Outdoor Spaces
16.1 The provisions of Section 14.0 of this By-law do not apply to smoking on a highway.
16.2 This By-law does not prohibit an Aboriginal person from smoking if the activity is
carried out for traditional Aboriginal cultural or spiritual purposes.
16.3 This By-law does not prohibit a non-Aboriginal person from smoking if the activity
is carried out with an Aboriginal person and for traditional Aboriginal cultural or
spiritual purposes.
17.0 Application of Sections
17.0 The application of Section 14.0 and Section 15.0 is not affected by the absence or
presence of signage with respect to smoking.
Read a FIRST, SECOND and THIRD time and
FINALLY PASSED this 22nd day of September, 2003.
"Karen Haslam"
Mayor - Karen Haslam
"Joan Thomson"
Clerk - Joan Thomson
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This is Schedule "A" to By-law Number 174-2003
enacted this 22nd day of September, 2003
Consolidated to May 28, 2019
13
This is Schedule "B" to
Smoking in Public Places By-law 174-2003 as amended
Consolidated to May 28, 2019
14
This is Schedule "C" to
Smoking in Public Places By-law 174-2003 as amended