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The
Corporation of
the Town of
Whitby
Smoking Restrictions By-law #
7464-18
Consolidated Version
Being a By-law to regulate the smoking of tobacco and vaping in
municipal buildings and on municipal properties in the Town of
Whitby.
This document has been reproduced for convenience only and is
a consolidation of "Smoking Restrictions By-law # 7464-18",
adopted by the Council of the Town of Whitby on December 11,
2018.
By-law Name: Smoking Restrictions By-law
By-law # 7464-18
Page 2 of 7
As amended by By-laws:
By-law Number
Date Passed:
8314-26
June 22, 2026
Individual copies of any of the above by-laws are available from
the Office of the Town Clerk of the Town of Whitby. For legal
purposes, copies of the original by-laws should be obtained.
By-law Name: Smoking Restrictions By-law
By-law # 7464-18
Page 3 of 7
Smoking Restrictions By-law
Being a By-law to regulate the smoking of tobacco and vaping in municipal buildings
and on municipal properties in the Town of Whitby.
Whereas it is desirable for the purpose of promoting and protecting the health of
residents to prohibit and regulate the smoking of tobacco and vaping in municipal
buildings and on municipal properties in the Town of Whitby; and
Whereas it is appropriate to prohibit and regulate the smoking of tobacco and vaping in
municipal buildings and on municipal properties in the Town of Whitby to further the
goals of the Council of The Corporation of the Town of Whitby to develop a safe and
healthy community and to promote healthy lifestyles and wellness for all ages and
abilities; and
Whereas, subsection 115(1) of the Municipal Act, S.O. 2001, c. 25, provides that a
municipality may prohibit or regulate smoking of tobacco in public places and
workplaces;
Now therefore, the Council of The Corporation of the Town of Whitby hereby enacts as
follows:
1. Definitions
"Council" means the Council of The Corporation of the Town of Whitby;
"library" means a branch of the Whitby Public Library system located on Town
owned property;
"marina" means the Port Whitby Marina;
"marina building" means any enclosed building or structure located on the
property of a marina;
"municipal building" means any enclosed building or structure owned, leased,
or occupied by the municipality for the purpose of providing municipal
services, including but not limited to Town Hall, fire halls, operations centres,
animal shelters, museums, and art galleries;
"municipal events area" means an outdoor area where a municipal activity or
municipal event is organized and operated by or on behalf of the Town for the
benefit of the public;
"officer" means a police officer or a municipal law enforcement officer
appointed by the municipality;
"park" includes playgrounds, sports fields, memorial squares, public squares,
gardens, ponds, boat launches, trails, pathways, open spaces, green spaces,
splash pads, tennis courts, multi-purpose courts, skateboard facilities, bocce
courts, lawn bowling greens, off-leash dog parks, beaches, picnic shelters,
By-law Name: Smoking Restrictions By-law
By-law # 7464-18
Page 4 of 7
picnic areas, and any other area owned and used by the municipality for
active or passive recreational purposes, or for any purpose ancillary thereto;
"park building" includes recreation centres, arenas, indoor swimming pools,
and any other building owned and used by the municipality for active or
passive recreational purposes or for any purpose ancillary thereto;
"public entrance and public exit" means any entrance or exit designated or
required for use by the public to enter or exit a municipal building;
"smoke" means to burn or carry, or inhale or exhale from, a lighted cigarette,
cigar, pipe, electronic cigarette, or other equipment that burns or vaporizes
tobacco or any other substance;
"Town" means The Corporation of the Town of Whitby; and
"trails" means maintained areas through parks and open spaces, which are
utilized by a number of multiple different users such as bicyclists, walkers and
runners for both transportation and recreation, and are designed to connect
neighbourhoods, places of employment, public transport stops and other
nodes.
2. Interpretation
References in this by-law to items in the plural include the singular, and
references to the singular include the plural, as applicable.
The words "include", "includes" or "including" are not to be read or interpreted
as limiting the words, phrases or descriptions that precede them.
The words or references in this by-law that are not defined herein shall be
interpreted in accordance with their plain, ordinary, and common dictionary
meaning.
If a court of competent jurisdiction declares any section, or any part of any
section, of this by-law to be invalid, or to be of no force or effect, it is the
intention of the Town that every other provision of this by-law be applied and
enforced in accordance with its terms to the extent possible according to law.
The provisions of this by-law apply to all lands that are owned or leased by
the Town.
This by-law and the provisions contained within are intended to be
complementary to Provincial statutes and to other by-laws passed by Council,
in the event that any other applicable law requires a higher standard than this
by-law requires, the higher standard shall apply.
3. Regulation
By-law Name: Smoking Restrictions By-law
By-law # 7464-18
Page 5 of 7
No person shall:
3.1.1. smoke in a park;
3.1.2. smoke in a park building;
3.1.3. smoke on the premises/property where a park building is located;
3.1.4. smoke in a library;
3.1.5. smoke on the premises/property where a library is located;
3.1.6. smoke in a municipal building;
3.1.7. smoke within twenty (20) metres of a public entrance or public exit of
a municipal building;
3.1.8. smoke in a marina building;
3.1.9. smoke on the premises/property where a marina is located, except in
designated smoking areas which shall be located a minimum distance
of twenty (20) metres away from a public entrance or public exit of a
marina building; or
3.1.10. smoke within a municipal events area during a municipally-organized
event.
4. Exceptions
This by-law does not apply to buildings that are owned by the Town and
leased to other organizations or businesses that provide services that are not
generally considered to be of a municipal nature.
5. Enforcement and Penalties
Where an officer has grounds to believe that an offence has been committed
by a person, the officer may require the name, address, and proof of identity
of that person, and the person shall supply the required information.
No person shall hinder, interfere with, or obstruct during the administration or
enforcement of this by-law.
Any person who contravenes any provision of this by-law is guilty of an
offence, and upon conviction is liable to a minimum fine of $300.00 in
accordance with the Municipal Act, 2001, S.O. 2001, c.25, as amended.
Every person who contravenes or fails to comply with a provision of this By-
law is guilty of an offence and is liable to the penalty as set out in Schedule
"A" to this By-law.
By-law Name: Smoking Restrictions By-law
By-law # 7464-18
Page 6 of 7
Tiered and Escalating Penalties: If a person receives a Penalty Notice in
accordance with the Town's Administrative Penalty By-law for an offence, the
person shall be liable to pay to the Town a tier one (1) administrative penalty
amount for that offence as specified in Schedule "A" to this By-law. If a person
receives an additional Penalty Notice for the same offence within ninety (90)
calendar days or less from the date of the Penalty Notice containing a tier one
(1) administrative penalty amount, the person shall be liable to pay to the
Town a tier two (2) administrative penalty amount for that offence as specified
in Schedule "A" to this By-law. If the person receives a subsequent Penalty
Notice for the same offence within ninety (90) calendar days or less of the
Penalty Notice containing a tier two (2) administrative penalty amount, the
person shall be liable to pay to the Town a tier three (3) administrative penalty
amount for that offence as specified in Schedule "A" to this By-law. If the
person receives any subsequent Penalty Notices for the same offence within
one hundred and eighty (180) calendar days or less from the date of the
Penalty Notice containing a tier three (3) administrative penalty amount, the
person shall be liable to pay to the Town a tier three (3) administrative penalty
amount for that offence as specified in Schedule "A" to this By-law.
6. Short Title
This by-law may be referred to as the "Smoking Restrictions By-law".
7. Repeal of Existing By-law
By-law # 7423-18 is repealed on January 1, 2019.
8. Effective Date
This by-law shall come into force and take effect on January 1, 2019.
By-law read and passed this 11th day of December, 2018.
Original Approved and Signed.
Don Mitchell, Mayor
Original Approved and Signed.
Christopher Harris, Town Clerk
By-law Name: Smoking Restrictions By-law
By-law # 7464-18
Page 7 of 7
Schedule "A" Administrative Penalties
Town of Whitby By-law # 7464-18
Item
Short Form Wording
By-law
Section
Tier 1
(one)
Tier 2
(two)
Tier 3
(three)
1.
Smoke in a park
3.1.1.
$350.00
$500.00
$750.00
2.
Smoke in a park building
3.1.2.
$350.00
$500.00
$750.00
3.
Smoke on premises/property of park
building
3.1.3.
$350.00
$500.00
$750.00
4.
Smoke in a library
3.1.4.
$350.00
$500.00
$750.00
5.
Smoke on premises/property of library
3.1.5.
$350.00
$500.00
$750.00
6.
Smoke in a municipal building
3.1.6.
$350.00
$500.00
$750.00
7.
Smoke within 20m of a public
entrance/exit of a municipal building
3.1.7.
$350.00
$500.00
$750.00
8.
Smoke in a marina building
3.1.8.
$350.00
$500.00
$750.00
9.
Smoke on premises/property of a
marina, where prohibited
3.1.9.
$350.00
$500.00
$750.00
10.
Smoke within a municipal events area
3.1.10.
$350.00
$500.00
$750.00
11.
Hinder, interfere with, or obstruct an
Officer
5.2.
$500.00
$750.00
$1000.00