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CORPORATION OF THE MUNICIPALITY OF STRATHROY-CARADOC
BY-LAW NO. 92-18
A BY-LAW TO REGULATE AND PROHIBIT SMOKING ON CERTAIN LANDS
WITHIN THE MUNICIPALITY OF STRATHROY-CARADOC
WHEREAS the Municipal Act, 2001, c. 25, s. 8 confers broad authority on the
municipality to enable the municipality to govern its affairs as it considers appropriate
and to enhance the municipality's ability to respond to municipal issues;
AND WHEREAS the Municipal Act, S.O. 2001, c. 25, s. 11 provides a municipality with
authority to pass by-laws respecting public assets of the municipality acquired for the
purpose of exercising its authority and the economic, social and environmental well-
being of the municipality, as well as the health, safety and well being of persons,
services and things the municipality is authorized to provide including the protection of
persons and property;
AND WHEREAS the Municipal Act, S.O. 2001, c. 25, s. 115 provides that without
limiting Section 11, a municipality may prohibit or regulate smoking in public places and
a municipality may define a "public place" for the purpose of this by-law;
AND WHEREAS the Smoke-Free Ontario Act, 2017 received Royal Assent on
December 12, 2017 and contains rules respecting the smoking of medical cannabis, as
well as smoking in public and the workplace;
AND WHEREAS rules respecting the consumption of recreational cannabis are
currently included in the Government of Ontario's Cannabis Act 2017 (not yet in force);
AND WHEREAS the Smoke Free Ontario Act 2017 prohibits smoking or vaping in any
enclosed workplace, any enclosed public place and any other place designated as
smoke-free and vape-free;
AND WHEREAS it has been determined that smoking tobacco or tobacco-like products
is a health hazard because of, among other things, the creation of second hand smoke,
which has adverse effects on the health of the inhabitants residing in or visiting the
Municipality of Strathroy-Caradoc;
AND WHEREAS it is desirable for the health, safety and well-being of the inhabitants of
the Municipality of Strathroy-Caradoc to prohibit smoking to protect persons from
conditions hazardous to their health pursuant to the provisions of this by-law;
AND WHEREAS the Municipality of Strathroy-Caradoc maintains policies and practices
governing substance use in the workplace and impairment while at work.
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NOW THEREFORE THE COUNCIL OF
THE MUNICIPALITY OF STRATHROY-CARADOC ENACTS AS FOLLOWS:
Short Title
This by-law may be cited as the "Smoke Free Strathroy-Caradoc By-law"
Part I
Definitions
1. In this by-law:
"Cannabis" has the same meaning as in subsection 2 (1) of the Cannabis Act
(Canada), or successor statutes. A court may infer that any substance in question is
cannabis from the fact that a witness describes it as cannabis or by a name that is
commonly applied to cannabis;
"Council" means the Council of the Municipality of Strathroy-Caradoc;
"Municipality" means the Corporation of the Municipality of Strathroy-Caradoc;
"Municipal Facility" means any building, structure, land or premises to which the
Municipality holds a right of ownership, and includes a building, structure, parking lot or
premises which is leased by or from the Municipality;
"Enclosed Public Space" means the inside of any place, building, structure, vehicle,
conveyance or a part of any of them,
(i) that is covered by a roof, and
(ii) to which the public is ordinarily invited or permitted access, either expressly or by
implication, regardless of whether a fee is charged for entry.
"Enforcement Officer" means a police officer or a provincial offences officer as
defined in section 1(1) of the Provincial Offences Act, R.S.O. 1990, c. P.33. or
successor statutes;
"Highway" includes a common and public highway, street, avenue, parkway, driveway,
square, place, bridge, viaduct or trestle, any part of which is intended for or used by the
general public for the passage of vehicles and includes the area between the lateral
property lines thereof;
"Outdoors" means any open space which is outside of a facility, building, structure,
premise including any temporary building, structure, parkland or part thereof, whether
covered by a roof or not;
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"Person" includes an individual or corporation and shall include the plural where the
context requires. Wherever the word "he" or "him" is used, it shall mean and include the
feminine or neutral gender wherever the context so requires;
"Playground Equipment" means a structure intended for children's play and shall
include but is not limited to a splash pad;
"Property" means lands which belong exclusively to the Municipality and to which legal
rights apply and includes a building, parkland, greenspace, structure or premise which
is leased by the Municipality to another party;
"Smoke" or "Smoking" includes using or carrying, inhaling, exhaling, vaping, burning
or heating of material of an organic origin including, but not limited to, smokeless and
chewing tobacco, dip, snuff, tobacco, cannabis and cannabis cigars, cigarettes, pipes,
water pipes, or any other equipment used to inhale, exhale, burn, vaporize or heat any
Smoking Product;
"Smoking Product" means tobacco, cannabis, vaping juice or similar product
derivative whose primary purpose is to be burned or heated to produce vapours, gases,
or smoke, which are inhaled, and shall include but is not limited to non-tobacco herbal
shisha, and other plant material, liquids or oils intended for inhalation;
"Sports Field" any field and/or land of natural and/or man-made composition that is
used for athletic purposes to conduct organized or unorganized sporting activities,
which includes but is not limited to a baseball field, soccer pitch, player or spectator
bench, ice rink, lawn bowling field and off leash dog park;
"Vaping" means inhaling or exhaling vapour from an electronic cigarette (e-cigarette)
or holding an activated e-cigarette, regardless of whether the vapour contains nicotine;
"Walkways" means an area of land designated or designed specifically for the
passage of pedestrians and shall include a pathway but shall not include a Highway;
"Waterpipe" means a device in which the vapours, gases, or smoke of a Smoking
Product passes through liquid prior to being inhaled, and shall include but is not limited
to a bong or hookah.
Part II
General Prohibitions for Public Places
General Prohibition
2. (1) Regardless of whether a "No Smoking" sign is posted, no person shall smoke in:
a) an Enclosed Public Place;
b) Outdoors on municipal Property, including but not limited to parklands and
playgrounds;
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c) Outdoors within, around or on a Sports Field;
d) Outdoors on any land containing Playground Equipment, except for privately owned
land, which contains a Single Detached Dwelling as defined under the Corporation of
the Municipality of Strathroy-Caradoc Zoning By-law;
e) Outdoors within nine (9 m) metres of any entrance to a Municipal Facility;
f) Outdoors within four (4 m) metres of any Municipal parking lot; or
g) a prescribed place listed in Schedule A of this by-law.
Part III
Exemptions
4. (1)Notwithstanding Section 2, such prohibition of Smoking shall not apply to:
(a) a Highway, including a pedestrian sidewalk adjacent to the Highway;
(b) a four (4m) metre radius of the front door of a Mobile Home or Travel Trailer within a
Lease Park; and
(2) the exemption provided under 4(1) (a) does not apply to a public transportation
vehicle or a taxicab.
Cannabis for medical purposes
(3) this by-law does not apply with respect to the sale, distribution, purchase or attempt
to purchase, possess, consume, offer to cultivate or cultivation, offering to propagate or
propagation or offering to harvest or harvesting of cannabis for medical purposes in
accordance with the Cannabis Regulations (Canada) or in accordance with a court
order, or to cannabis produced or obtained for medical purposes in accordance with
such authority.
Cannabis for research and educational purposes
(4) this by-law does not prevent the distribution, possession or consumption of cannabis
for research or educational purposes in the prescribed circumstances.
Cannabis supply chain
(5) this by-law does not apply to prescribed activities relating to cannabis that are
undertaken by or on behalf of prescribed persons acting under the Cannabis Act
(Canada) or in connection with the Ontario Cannabis Retail Corporation Act, 2017 or the
Cannabis License Act, 2018.
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(6) this by-law does not prohibit an Aboriginal person from smoking tobacco or holding
lighted tobacco, if the activity is carried out for traditional Aboriginal cultural or spiritual
purposes.
Part IV
General
Offences
5. (1) Every Person who contravenes any of the provisions of this by-law is guilty of an
offence.
(2) A director or officer of a corporation has a duty to take all reasonable care to prevent
the corporation from contravening this by-law.
Penalty
6. (1) Every Person who is convicted of an offence under any provision of this by-law
shall be liable to a penalty of $1,000.00 as permitted by the Provincial Offences Act,
R.S.O. 1990, C. P. 33, or any successor thereof.
(2) Where a corporation is convicted of an offence under this by-law, the maximum
penalty that may be imposed on the corporation is $10,000.00.
(3) A person who has the duty imposed by section 5(2) and fails to carry it out is guilty
of an offence and upon conviction is liable to a fine of not more than $2,500.00.
Continuation - repetition - prohibited - by order
7. The court in which the conviction has been entered, and any court of competent
jurisdiction thereafter, may make an order prohibiting the continuation or repetition of
the offence by the person convicted, and such order shall be in addition to any other
penalty imposed on the person convicted.
Enforcement
8. Any provision of this by-law may be enforced by an Enforcement Officer or other
persons deemed to be an agent of the Municipality.
Obstruction
9. Every person who hinders or obstructs, or attempts to hinder or obstruct, an
Enforcement Officer lawfully carrying out the enforcement of this by-law is guilty of an
offence.
Conflicts
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10. If a provision of this by-law conflicts with an Act, a regulation or another by-law, the
provision that is the most restrictive on Smoking shall prevail.
Severability
11. If any section or sections of this by-law or parts thereof are found in any court of law
to be ultra vires by the Municipality, such section or sections or parts thereof shall be
deemed to be severed and all other sections or parts of this by-law shall remain in full
force and effect.
Repeals
12. The following by-laws are hereby repealed: By-law # 22-15.
Commencement
13. This by-law shall come into effect on January 1, 2019
First Reading -
Second Reading -
Third Reading -
PASSED in Open Council on the 17th day of December, 2018.
_______________________
Joanne Vanderheyden
Mayor
_______________________
Fred W. Tranquilli
Clerk
FRANK ST
ALBERT ST
FRONT ST W
CENTRE ST W
THOMAS ST
CARADOC ST N
GARDEN LANE
CALENDAR LN
NORTH ST
JAMES ST
METCALFE ST W
MARIA ST
FRONT ST E
RICHMOND ST
RAILWAY AVE
Strathroy's Municipal Parking Lots
150 m Buffer Zone
November 2018
Schedule 'A'