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Bylaw No. 8286
The Smoking Control Bylaw, 2004
Codified to Bylaw No. 9636
(August 26, 2019)
Bylaw No. 8286
The Smoking Control Bylaw, 2004
Whereas, under the provisions of Section 8(1)(b) of The Cities Act, S.S. 2002,
c. C-11.1, bylaws may be passed by a city in relation to the safety, health and welfare of
people and the protection of people and property;
And whereas, under the provisions of Section 8(1)(c) of The Cities Act, bylaws may
be passed by a city in relation to people, activities and things in, on or near a public place
or place that is open to the public;
And whereas second-hand smoke, also called environmental tobacco smoke (ETS),
comes from smouldering cigarettes, cigars or pipes, as well as from exhaled smoke;
And whereas breathing second-hand smoke is considered smoking involuntarily;
And whereas, according to Health Canada, there is no known safe level of exposure
to second-hand smoke;
And whereas, according to Health Canada, second-hand smoke contains more than
4,000 chemicals, including 50 known carcinogens such as arsenic, benzene, lead,
formaldehyde, carbon monoxide, nitrogen dioxide and hydrogen cyanide;
And whereas, according to Health Canada, second-hand smoke can cause sore
throats, croup, asthma, bronchitis, middle ear infections, reduced lung function,
pneumonia, heart disease, leukemia and other cancers;
And whereas, according to Health Canada, it is estimated that exposure to second-
hand smoke causes over 1,000 deaths per year in Canada;
And whereas, according to Health Canada, air filters, air purifiers and ventilation
systems are not enough to protect from second-hand smoke;
And whereas, under the provisions of Section 11 of The Tobacco Control Act,
S.S. 2001, c. T-14.1, the Province of Saskatchewan has prohibited smoking in certain
public places;
And whereas, Section 15 of The Tobacco Control Act provides that a city may pass
a bylaw in respect of smoking with provisions that are more restrictive than The Tobacco
Control Act;
Page 2
And whereas electronic cigarettes have no legal age restrictions and therefore are
more easily accessible to youth than traditional cigarettes or other tobacco products;
And whereas electronic cigarettes may be more appealing to youth as they are
perceived as being less harmful than smoking;
And whereas electronic cigarettes are designed to mimic the motions and
experience of smoking tobacco and may be viewed as a gateway to smoking in youth;
And whereas electronic cigarettes that do not contain nicotine and do not make a
health claim can be imported, advertised or sold in Canada without restrictions;
And whereas electronic cigarettes are not subject to the packaging, labelling,
advertising, promotion and sponsorship restrictions that apply to traditional cigarettes and
other tobacco products;
And whereas electronic cigarette use may undermine or diminish tobacco cessation
efforts.
And whereas The City of Saskatoon wishes to enact a bylaw with more restrictive
provisions than The Tobacco Control Act in respect of smoking in billiard halls, bingo
establishments, bowling centres, casinos, licensed premises, outdoor public places
operated by the City, outdoor seating areas, private clubs, restaurants and sidewalk cafes.
And whereas The City of Saskatoon wishes to enact a bylaw to restrict the use of
electronic cigarettes in the same manner as smoking is currently restricted under The
Tobacco Control Act and existing bylaw provisions.
And whereas The City of Saskatoon wishes to enact a bylaw to restrict the smoking
and vaping of cannabis in public places.
Now therefore, the Council of The City of Saskatoon enacts as follows:
Short Title
1.
This Bylaw may be cited as The Smoking Control Bylaw, 2004.
Page 3
Definitions
2.
In this Bylaw,
(a)
"bingo establishment" means the portion of an enclosed place or premises
for which a bingo licence has been issued by the Liquor and Gaming
Authority;
(a.1) "cannabis" means cannabis as defined in The Cannabis Control
(Saskatchewan) Act and includes any products containing cannabis;
(b)
"casino" means:
(i)
a casino as defined in The Saskatchewan Gaming Corporation Act; or
(ii)
an enclosed place or premises for which a casino licence has been
issued by the Liquor and Gaming Authority;
(c)
"City" means The City of Saskatoon;
(c.1) "electronic cigarette" means a handheld device containing a liquid that is
vapourized and inhaled, and includes but is not limited to electronic
cigarettes, e-cigarettes, vapourizer cigarettes, personal vapourizers and
electronic nicotine delivery systems;
(c.2) "electronic cigarettes retailer" means a fully enclosed premises where the
sole function of the premises is the sale of electronic cigarettes and
electronic cigarette products, and for which a valid City business licence has
been issued pursuant to Bylaw No. 8075, The Business License Bylaw,
2002;
(d)
"enclosed public place" means all or any part of a building or other enclosed
place that is open to the public or to which the public is customarily admitted
or invited and includes:
(i)
an outdoor bus shelter;
(ii)
a public building or facility, or any part of a public building or facility,
that is rented out for private events;
(iii)
a vehicle that:
(A)
is used or made available for public transit or as a commercial
vehicle; and
Page 4
(B)
is used to transport members of the public;
but only during any period that the vehicle is made available for hire,
including any break period;
(iv)
a building, enclosed place or facility owned or leased by a private club
that restricts admission to members and guests;
(v)
any prescribed building, place, facility or vehicle or class of prescribed
buildings, places, facilities or vehicles;
(vi)
the common areas of a multi-unit residential building.
(e)
"licensed premises" means any of the following places or premises:
(i)
the portion of an enclosed public place or premises for which a
restaurant permit, tavern permit or special use permit has been issued
pursuant to The Alcohol and Gaming Regulation Act, 1997; or
(ii)
the portion of a tent or other portable shelter used in connection with a
community event that is open to the public or to which the public is
customarily admitted or invited and for which a permit or an
endorsement or extension to an existing permit has been issued
pursuant to The Alcohol and Gaming Regulation Act, 1997;
(e.1) "outdoor public place" means any outdoor space owned or operated by the
City of Saskatoon that is open to the public or to which the public is
customarily admitted or invited, and includes parks, swimming pools,
playgrounds, outdoor sports-fields, public squares or recreation areas, but
does not include streets or sidewalks;
(f)
"outdoor seating area" means an outdoor area or structure commonly
referred to as a patio, deck, terrace or rooftop, whether enclosed or not, that
is open to the public or to which the public is customarily admitted or invited
that is operated as part of a restaurant or licensed premises, but does not
include an outdoor area or structure made available by a restaurant or
licensed premises if:
(i)
there is no seating of any kind provided in the area or on the
structure;
(ii)
there is no service of any kind provided in the area or on the structure;
and
(iii)
there is no food or drink permitted in the area or on the structure at
any time;
Page 5
(g)
"private club" means an enclosed place or premises that operates solely for
the benefit and pleasure of the members of a non-profit corporation or
service club and to which a special use permit has been issued pursuant to
The Alcohol and Gaming Regulation Act, 1997.
For greater certainty and for the purpose of enforcing the bylaw, a place or
premise is considered to be a private club if the following criteria are met:
(i)
the club must have a fixed membership;
(ii)
each member must pay an annual or periodic membership fee;
(iii)
the club must have a board of directors or officers that are elected by
all the members on an annual or periodic basis;
(iv)
the club must have a constitution or bylaws that provide the governing
rules for the membership, officers, fees and the day-to-day operation
of the club;
(v)
the club must be a non-profit corporation or service club; and
(vi)
non-members cannot enter the premises unless accompanied by a
member;
(h)
"proprietor" means a person who controls, governs or directs the activities
carried on within the place or premises, and includes a person who is
actually in charge of the place or premises at any particular time;
(h.1) "public place" means a public place as defined by The Cannabis Control
(Saskatchewan) Act and includes child care facilities and schools as defined
by The Cannabis Control (Saskatchewan) Act;
(i)
"restaurant" means any of the following places or premises:
(i)
an enclosed public place or premises for which a public eating
establishment license has been issued pursuant to The Public Health
Act, 1994; or
(ii)
the portion of a tent or other portable shelter used in connection with a
community event that is open to the public or to which the public is
customarily admitted or invited and for which a temporary food service
license has been issued pursuant to The Public Health Act, 1994;
(i.1)
"school or independent school" means a school or an independent school as
defined in The Education Act, 1995;
Page 6
(i.2)
"sidewalk" means the part of the street adapted to the use of or ordinarily
used by pedestrians;
(j)
"sidewalk cafe" means an outdoor area, located on a public sidewalk, to
which members of the general public are invited or permitted access and
which abuts and is operated as part of a restaurant;
(j.1)
"street" means a street as defined in The Cities Act;
(k)
"tobacco" means tobacco in any form in which it is used or consumed, and
includes snuff and raw leaf tobacco, but does not include any food, drug or
device that contains nicotine to which the Food and Drugs Act (Canada)
applies;
(l)
"vape or vaping" means the utilization of an electronic cigarette or any other
heated smoking equipment used to vaporize any tobacco or non-tobacco
substance whether or not it contains nicotine.
Interpretation
3.
(1)
This Bylaw is intended to supplement the legislative scheme established
under Part III of The Tobacco Control Act.
(2)
The provisions of The Tobacco Control Act shall apply in The City of
Saskatoon, except as provided in Subsection (3).
(3)
In the event of a conflict between the provisions of this Bylaw and
The Tobacco Control Act, the provisions of this Bylaw shall prevail provided
the provisions of this Bylaw are more restrictive.
(4)
Whenever possible, the terms in this Bylaw shall have the same meaning as
those terms are defined in The Tobacco Control Act.
Scope
4.
(1)
This Bylaw applies with respect to places or premises operated as:
(a)
billiard halls;
(b)
bingo establishments;
(c)
bowling centres;
(d)
casinos;
Page 7
(e)
licensed premises;
(e.1) outdoor public places operated by the City;
(f)
outdoor seating areas;
(g)
private clubs;
(h)
restaurants; and
(i)
sidewalk cafes.
(2)
Smoking in public places or premises other than those mentioned in
Subsection (1) shall be controlled under the provisions of Part III of
The Tobacco Control Act.
(2.1) The provisions mentioned in Subsection (2) shall not apply to vaping or
cannabis use.
Smoking Prohibited
5.
(1)
No person shall smoke or hold lighted tobacco in any place or premises
mentioned in Subsection 4(1).
(2)
No proprietor of a place or premises mentioned in Subsection 4(1) shall
permit persons to smoke or hold lighted tobacco within that place or
premises.
(3)
Nothing in this Bylaw prohibits a person from smoking or holding lighted
tobacco or tobacco-related products in a City-owned public place for
traditional Aboriginal spiritual or cultural practices or ceremonies, if the use of
tobacco or tobacco-related products is an integral part of the traditional
Aboriginal spiritual or cultural practices or ceremonies being carried out in the
City-owned public place.
Vaping Prohibited
5.1
(1)
No person shall vape in any place or premises mentioned in Subsection 4(1).
(2)
No proprietor of a place or premises mentioned in Subsection 4(1) shall
permit persons to vape within that place or premises.
Page 8
(3)
In addition to those places or premises mentioned in Subsection 4(1), no
person shall vape and no proprietor shall permit persons to vape in the
following places or premises:
(a)
an enclosed public place that is a school or an independent school or
on the grounds surrounding a school or an independent school;
(b)
in an enclosed public place other than a school or an independent
school;
(c)
within three metres from a doorway, window or air intake of an
enclosed public place mentioned in clause (a); or
(d)
any vehicle while another person who is under the age of 16 years is
present in the vehicle.
(4)
Subsection (3) does not apply to:
(a)
a separate enclosed ventilated place that:
(i)
is within:
(A)
a facility designated as a special-care home pursuant to
The Provincial Health Authority Act; or
(B)
a personal care home as defined in The Personal Care
Homes Act that offers care and accommodation to more
than 10 persons; and
(b)
a child care facility that is a group family child care home or a licensed
family child care home during the times that no child care services are
being provided in the facility.
Vaping Exemption
5.2
(1)
Nothing in this Bylaw prohibits a person from using an electronic cigarette for
the sole purpose of testing the device, or sampling products used with the
device, prior to purchase within an electronic cigarettes retailer.
(2)
The burden of proving that an exemption under subsection (1) applies in a
particular case is on the person alleging such exemption on a balance of
probabilities.
Page 9
Cannabis Smoking Prohibited
5.3
(1)
No person shall smoke or vape cannabis in any public place.
(2)
No proprietor of a place or premises mentioned in Subsection 4(1) shall
permit persons to smoke or vape cannabis within that place or premises.
(3)
Subsections (1) and (2) do not apply to a child care facility that is a group
family child care home or a licensed family child care home during the times
that no child care services are being provided in the facility.
Signs Required
6.
(1)
Every proprietor of a place or premises mentioned in Subsection 4(1) shall
ensure that signs containing a statement respecting the prohibition against
smoking or holding lighted tobacco are posted in the place or premises.
(2)
For the purposes of Subsection (1), "statement respecting the prohibition
against smoking or holding lighted tobacco" includes a depiction of the
international no smoking symbol as set out in the Appendix to The Tobacco
Control Regulations, Chapter T-14.1 Reg 1.
(3)
A sign that is required to be posted pursuant to Subsection (1) shall comply
with Subsection 6(2) of The Tobacco Control Regulations, Chapter T-14.1
Reg 1.
Ashtrays Prohibited
7.
Every proprietor of a place or premises mentioned in Subsection 4(1) shall ensure
that ashtrays and similar products associated with the use of tobacco are not
available for use in the place or premises.
Inspections
8.
For the purpose of determining if the provisions of this Bylaw are being complied
with, inspections of places or premises mentioned in Subsections 4(1), 5.1(3) and
5.3(2) are hereby authorized.
Appointment of Bylaw Enforcement Officers
9.
The following persons are appointed as bylaw enforcement officers and are
designated to carry out inspections for the purpose of administering and enforcing
this Bylaw:
Page 10
(a)
a member of the Saskatoon Police Service;
(b)
a person designated as a tobacco enforcement officer pursuant to
Section 16 of The Tobacco Control Act;
(c)
a person designated as a public health officer pursuant to Section 11 of The
Public Health Act, 1994; and
(d)
any other person appointed by the City for the purpose of administering and
enforcing this Bylaw.
Powers of Bylaw Enforcement Officers
10.
For the purpose of administering and enforcing this Bylaw, a bylaw enforcement
officer may do any or all of the things authorized by Section 324 of The Cities Act.
Obstruction, False Statement, etc. Prohibited
11.
(1)
No person shall obstruct a bylaw enforcement officer who is acting pursuant
to the authority of this Bylaw.
(2)
No person shall knowingly make a false or misleading statement to a bylaw
enforcement officer or produce a false document or thing to a bylaw
enforcement officer.
Sign Removal, Alteration, etc. Prohibited
12.
No person shall remove, cover up, mutilate, deface or alter any sign required
pursuant to this Bylaw to be posted or displayed.
Evidence
13.
In a prosecution for an offence pursuant to this Bylaw, the trial judge may infer that
any substance or object in question is tobacco within the meaning of this Bylaw from
the fact that a witness describes it as tobacco or by a name that is commonly
applied to tobacco.
Disposition of Property Seized
14.
Where a person is convicted of an offence pursuant to this Bylaw, the convicting
judge may make an order for the disposition of any substance or thing seized in
relation to the contravention that the judge considers appropriate.
Page 11
Offences and Penalties
15.
(1)
Every person who contravenes Subsections 5(1), 5.1(1) or 5.3(1) of this
Bylaw is guilty of an offence and liable on summary conviction to a fine of not
more than $500.
(2)
Every person who contravenes Subsections 5(2), 5.1(2) or 5.3(2), or Section
6 or 7 of this Bylaw is guilty of an offence and liable on summary conviction
to a fine of not more than $5,000.
(2.1) Every person who contravenes Subsection 5.1(3) of this Bylaw is guilty of an
offence and liable on summary conviction:
(a)
in the case of a person who vapes, to a fine of not more than $500;
and
(b)
in the case of a proprietor who permits a person to vape, to a fine of
not more than $5,000.
(3)
Every person who contravenes Section 11 of this Bylaw is guilty of an
offence and liable on summary conviction to a fine of not more than:
(a)
in the case of a first offence, $3,000; and
(b)
in the case of a second or subsequent offence, $5,000.
(4)
Every person who contravenes Section 12 of this Bylaw is guilty of an
offence and liable on summary conviction to a fine of not more than $3,000.
(5)
In default of payment of a fine imposed pursuant to Subsection (1), (2), (2.1),
(3) or (4), the individual convicted may be imprisoned for a term of not more
than 90 days.
(6)
Notwithstanding Subsection (1), in the case of a contravention of
Subsections 5(1), 5.1(1) or 5.3(1), a bylaw enforcement officer shall issue a
notice of violation to the person contravening the Bylaw, which notice shall
provide that, if the person pays the City the sum of $150 within 14 calendar
days of the date of the notice of violation, the person shall not be prosecuted
for the contravention.
(7)
Notwithstanding Subsection (2), in the case of a contravention of
Subsections 5(2), 5.1(2) or 5.3(2), or Section 6 or 7, a bylaw enforcement
officer shall issue a notice of violation to the person contravening the Bylaw,
which notice shall provide that, if the person pays the City the sum of $500
within 14 calendar days of the date of the notice of violation, the person shall
not be prosecuted for the contravention.
Page 12
(7.1) Notwithstanding Subsection (2.1), in the case of a contravention of
Subsection 5.1(3), a bylaw enforcement officer shall issue a notice of
violation to a person who vapes or to a proprietor who permits a person to
vape in contravention of the Bylaw, which notice shall provide that:
(a)
in the case of a person who vapes, if the person pays the City the
sum of $150 within 14 calendar days of the date of the notice of
violation, the person shall not be prosecuted for the contravention;
and
(b)
in the case of a proprietor who permits a person to vape, if the person
pays the City the sum of $500 within 14 calendar days of the date of
the notice of violation, the person shall not be prosecuted for the
contravention.
(8)
Notwithstanding Subsection (4), in the case of a contravention of Section 12,
a bylaw enforcement officer shall issue a notice of violation to the person
contravening the Bylaw, which notice shall provide that, if the person pays
the City the sum of $150 within 14 calendar days of the date of the notice of
violation, the person shall not be prosecuted for the contravention.
(9)
The amounts referred to in Subsections (6), (7), (7.1) and (8) may be paid:
(a)
in person, during regular office hours, to the cashier located at City
Hall, 222 - 3rd Avenue North, Saskatoon, Saskatchewan, S7K 0J5;
(b)
by deposit, at the depository located at the main entrance to City Hall,
222 - 3rd Avenue North, Saskatoon, Saskatchewan, S7K 0J5; or
(c)
by mail addressed to the Office of the City Treasurer, City Hall, 222 -
3rd Avenue North, Saskatoon, Saskatchewan, S7K 0J5.
(10)
The date of payment shall be determined as follows:
(a)
for payment in person, the date of payment shall be the date the
payment is received by the City;
(b)
for payment by deposit, the date of payment shall be the date
payment is deposited in the depository at City Hall; and
(c)
for payment by mail, the date of payment shall be the date of the
federal post mark on the remittance.
Page 13
Severability
16.
A determination of invalidity or unconstitutionality by a court of competent
jurisdiction of any provision of this Bylaw shall not affect the validity of the remaining
parts of this Bylaw.
Smoking Control Bylaw, 1996 Repealed
17.
Bylaw No. 7554, the Smoking Control Bylaw, 1996, is hereby repealed.
Coming Into Force
18.
This Bylaw shall come into force on the 1st day of July, 2004.
Read a first time this 9th day of February , 2004.
Read a second time this 9th day of February, 2004.
Read a third time and passed this 9th day of February, 2004.
"Donald J. Atchison"
"Janice Mann"
"SEAL"
Mayor
City Clerk