- 1 - 2002-300

BY-LAW 2002-300

BEING A BYLAW OF THE CITY OF GREATER SUDBURYTO REGULATE SMOKING IN PUBLIC PLACES AND WORKPLACES

WHEREAS the Council of the City of Greater Sudbury has the authority to pass By-Laws prohibiting andregulating the smoking of tobacco and the carrying on lighted tobacco products in public places and workplaceswithin the municipality pursuant to Section 213 of the Municipal Act, R.S.O. 1990, Chap M.45 as amended;

AND WHEREAS it has been determined that second hand tobacco smoke (exhaled smoke and the smoke fromidling cigarettes, cigars and pipes) is a health hazard or discomfort for the inhabitants and workers in the City ofGreater Sudbury;

AND WHEREAS it is desirable for the health, safety and welfare of the inhabitants and workers in the City ofGreater Sudbury to provide for a smoke free environment;

THEREFORE THE COUNCIL OF THE CITY OF GREATER SUDBURY ENACTS AS FOLLOWS:

SHORT TITLE

1. This By-Law may be cited as the “Smoke Free Public Places and Workplaces By-Law.”

DEFINITIONS

2. In this By-Law,

“amusement arcade” means any premises to which the public has access to machines or devices thatmay be used for playing games solely for the entertainment and amusement of the players;

“arena” means any premises comprised of, but not restricted to, a rink, floor or ice surface, spectatorseating areas, dressing rooms and canteen facilities, to which the public has access to view or participatein sporting or other show events;

“ashtray” means a receptacle for tobacco ashes and for cigar and cigarette butts;

“billiard hall” means any premises, the primary purpose of which is the playing of the game snooker,pool or billiards;

“bingo hall” means any premises where the conduct of bingo events is licensed;

“bowling alley” means any premises at which lanes are made available to members of the public forrental to play the game of bowling;

“bus” means any public transit bus, school bus, or other bus used for hire;

“business office” means any premises at which one or more persons carries out the administration,management, direction or conduct of a public or private agency or business;

- 2 - 2002-300

“casino” means an establishment within the meaning of the Gaming and Control Act, 1992;

“common area” means any portion of any public building or structure including a residentialcondominium or multiple dwelling unit apartment building, to which the public or residents may haveaccess, whether as of right or by invitation, express or implied, and includes but is not limited toreception areas for receiving or greeting customers, clients, patients, guests or other persons, entranceways, service lines, elevators, escalators, hallways, stairwells, foyers, lobbies, laundry rooms, meetingrooms, amenity areas and public washrooms;

“employee” includes any person who performs any work for or supplies any services to an employer, forremuneration or not, or receives any instructions or training in the activity, business, work, trade,occupation or profession of the employer;

“employer” includes any person who as the owner, proprietor, manager, superintendent or overseer ofany activity, business, work, trade, occupation or profession, has control over or direction of, or isdirectly or indirectly responsible for the employment of a person therein;

“enforcement officer” means any person appointed by the Council of the City of Greater Sudbury as aMunicipal By-Law Enforcement Officer, any person appointed by the Minister of Health as a ProvincialOffences Officer under the Tobacco Control Act, 1994 or any person appointed by the Minister ofLabour as a Provincial Offences Officer under the Smoking in the Workplace Act, or any police officerof the City of Greater Sudbury;

“entranceway” means the area within a nine meter radius surrounding any entrance to a public buildingor workplace, but does not include a public highway;

“municipal building” means any building or portion thereof owned or leased by the City of GreaterSudbury;

“non-smoking policy” means a written policy that prohibits smoking in the workplace in accordancewith this By-Law;

“person” includes a corporation;

“personal service shop” means any premises or part thereof wherein a personal service is performedincluding, but not necessarily restricted to a barber shop, hairdressing shop, esthetics salon, tattoo orbody piercing parlour, shoe repair shop, tailor or dressmaking shop, a dry cleaning depot, a laundromat,a photographic studio, an undertakers establishment, a tanning salon, or any body-rub parlour or adultentertainment parlour as defined in the Municipal Act;

“place of public assembly” means the whole or part of an indoor area to which the public has access byright or by invitation, express or implied, whether by payment of money or not;

“place of refreshment” means any place or part thereof where food, drink, or alcohol is offered for saleor is sold to the public for immediate consumption and includes but is not limited to, a restaurant, an icecream parlour, a tea or lunch room, a dairy bar, a coffee shop, a donut shop, a snack bar, a refreshmentstand, a banquet hall or facility, a bar, a nightclub, or roadhouse;

- 3 - 2002-300

“proprietor or other person in charge” means the person who controls, governs or directs the activitycarried on within the designated public place and includes the owner of the premises and the person whois actually in charge thereof at any particular time;

“public building” means any enclosed building or group of buildings to which the public has access;

“public facility” means any hall, room, or banquet area that is publicly owned and is rented for an eventor function;

“public restroom” means any restroom or washroom to which the public has access;

“professional office” means the business premises of one or more persons duly qualified, licensed orregistered under the laws of the Province of Ontario to be members of a self-regulating profession or toperform medical or therapeutic services;

“reception area” means the public space used by an office or establishment for the receiving or greetingof customers, clients or other persons dealing with such office or establishment;

“retail shop” means any premises, booth, stall or place where goods are exposed for sale or offered forsale by retail;

“school bus” means a public vehicle licensed for the purpose of transporting children to and from schoolor to or from any activity, event or function associated therewith;

“service counter” means an indoor counter where a person receives a service including, but not limitedto, the exchange of money, sales, provision of information, transactions, advice, or the transfer of moneyor goods;

“service line” means an indoor line of two or more persons awaiting service of any kind regardless ofwhether or nor such service involves the exchange of money, including but not limited to sales,provision of information, transactions, advice, and transfers of money or goods;

“service trade” means an establishment which provides a non-personal service or craft to the generalpublic, including but not necessarily restricted to, a make-your-own-beer and/or wine establishment, aprint or copy shop, a dog grooming establishment, a monument engraving shop or the business premisesof a printer, plumber, tinsmith, craftsman, painter, carpenter, cabinet maker, electrician, taxidermist, pesteliminator, roofer, insulation installer, furrier, weaver, upholsterer, interior decorator, caterer, engraver,cleaner or locksmith;

“shopping mall” means any enclosed premises containing one or more retail shops;

“smoke” or “smoking” includes the carrying of a lighted cigar, cigarette, pipe or any other lightedsmoking equipment and smoke has a corresponding meaning; and

- 4 - 2002-300

“workplace” means any enclosed area or premises, to which the public may or may not have accesseither express or implied, in which an employee or employer works and includes, but is not limited to,washrooms, corridors, lounges, eating areas, reception areas, elevators, escalators, foyers, hallways,stairways, amenity areas, lobbies, laundry rooms and parking garages utilized by an employee oremployer and includes a bus, taxicab, limousine and other vehicles for hire.

PART I - SMOKING IN PUBLIC PLACES

GENERAL PROHIBITION

3. The following are designated public places for the purpose of this By-Law:

• the common area of a public building;

• an indoor service line or service counter in any premise to which the public has access;

• a place of public assembly, including a building, structure or portion thereof for the gathering of personsfor the purpose of education, worship, business, recreation, entertainment or amusement and includesbut is not restricted to a concert hall, public hall, theatre, cinema, auditorium, gymnasium, sport orfitness facility, indoor swimming pool, locker room, community centre, library, museum or art gallery;

• a public restroom;

• a place of refreshment;

• a public facility;

• an amusement arcade;

• a municipal building;

• a bingo hall;

• a bowling alley;

• a billiard hall;

• a casino;

• an arena;

• a business or professional office, retail, personal or other service shop or a service trade;

• the common area of a shopping mall;

• a bus;

- 5 - 2002-300

• a taxicab; and

• a limousine.

4. No person shall smoke in a designated public place.

PROPRIETORS’ DUTIES

5. The proprietor or other person in charge of a designated public place shall ensure that no ashtrays areplaced or allowed to remain in any public place where smoking is prohibited pursuant to this By-Law.

6. No proprietor or other person in charge of a designated public place shall permit smoking wheresmoking is prohibited under this By-Law.

PART II - SMOKING IN THE WORKPLACE

GENERAL PROHIBITION

7. When a non-smoking policy has been adopted for a workplace, no person shall smoke in the workplace.

8. When a non-smoking policy has been adopted for a workplace, no employer shall permit smoking in theworkplace.

EMPLOYERS’ DUTIES

9.(1) Every employer shall, on or before May 31, 2003, adopt and implement a non-smoking policy thatprohibits smoking in respect of each workplace in the City of Greater Sudbury under the control,supervision or ownership of the employer.

(2) Where, after May 31, 2003, a workplace is created or comes into existence, the employer of suchworkplace shall within seven days after such workplace is created or comes into existence, adopt,implement and post a copy of a non-smoking policy that prohibits smoking in respect of each suchworkplace under the control, supervision or ownership of the employer.

10. Every employer required by this By-Law to adopt and implement a non-smoking policy shall:

a) ensure compliance with this By-Law;

b) inform all of the employees that smoking is prohibited in the workplace except as provided by this By-Law;

c) prohibit smoking in the workplace except as provided in this By-Law;

d) post and keep continuously displayed a copy of the non-smoking policy in a prominent place(s)accessible to all employees in the workplace;

e) prohibit ashtrays and the like paraphernalia in areas where smoking is prohibited; and

- 6 - 2002-300

f) conspicuously post no smoking signs in areas where smoking is prohibited, in accordance with Part III ofthis By-Law.

INSPECTION OF WORKPLACE

11. (1) For the enforcement of this By-Law, an enforcement officer, upon producing properidentification, may, at all reasonable hours, enter any workplace or any building or structure inwhich a workplace is situated and may make examinations, investigations and inquiries.

(B) No enforcement officer may enter a workplace that is also a dwelling without the consent of theoccupant or without first obtaining and producing a warrant.

PART III - SIGN REQUIREMENTS

12. The proprietor or other person in charge of any public place, and every employer designated or regulatedunder this By-Law shall ensure that a sufficient number of signs as prescribed by Section 13 areconspicuously posted at each entrance to the public place or workplace so as to identify clearly thatsmoking is prohibited.

13. In addition to Section 12, in every shopping mall or other public place referred to in Section 3, theproprietor or other person in charge of the shopping mall or other public place shall ensure that:

(A) signs are posted in accordance with Section 14 in every common area of the shopping mall orother public place;

(B) signs are posted at every entrance to the shopping mall or other public place, which are visibleand in sufficient numbers, clearly indicating that smoking is prohibited in the common areas ofthe shopping mall or other public place; and

(C) signs referred to in clauses (a) and (b) are in accordance with Section 14.

14. The signs referred to in this By-Law shall consist of graphic symbols and text that comply with theprovision of this section:

(A) the following graphic symbol shall be used to indicate that smoking is prohibited:

a black cigarette on a white background with the circle and the interdictory stroke in red;

- 7 - 2002-300

(B) the graphic symbol referred to in subsection a) shall include the text “City of Greater SudburyBy-Law/Règlement municipal de la ville du Grand Sudbury” in letters and figures at least five(5%) percent of the diameter of the circle in the symbol;

(C) with respect to size of the graphic symbol, the diameter of the circle in the symbol referred to inthis section shall be not less than ten (10 cm) centimetres;

(D) despite the fact that the symbol referred to in subsection a) is a cigarette, it shall include a lightedcigar, cigarette, pipe or any other lighted smoking instrument;

(E) deviations from the colour or content of the signs prescribed by this section that do not affect thesubstance or that are not calculated to mislead do not vitiate the signs; and

(F) any sign prohibiting smoking that refers to a By-Law of a former municipality dissolved underthe City of Greater Sudbury Act, 1999 or By-Law 2001-7L of the City of Greater Sudbury aredeemed to be referring to this By-Law.

PART IV - GENERAL

OFFENCES

15. Any person who smokes in a designated public place in contravention of Section 4 is guilty of anoffence.

16. Any proprietor or person in charge of a designated public place who permits smoking in the public placein contravention of Section 4 is guilty of an offence.

17. Any proprietor or other person in charge of a designated public place who refuses, fails or neglects toperform any of the duties imposed upon him, her or it under this By-Law is guilty of an offence.

18. Any person who smokes in a workplace in contravention of Section 7 is guilty of an offence.

19. Any employer who permits smoking in the workplace in contravention of Section 8 is guilty of anoffence.

20. Any employer who refuses, fails, or neglects to perform any of the duties imposed upon him, her or itunder this By-Law is guilty of an offence.

21. Any person who hinders or obstructs an enforcement officer lawfully carrying out the enforcement ofthis By-Law is guilty of an offence.

FINES

22. Every person who is convicted of an offence is liable to a fine of not more than the maximum fineprovided for in the Provincial Offences Act, R.S.O. 1990, Chap. P. 33

- 8 - 2002-300

EXEMPTIONS

23. This By-Law shall not apply to,

a) a part of a workplace that is used as a private residence; or

b) a workplace located in a dwelling where the only employees of that workplace are persons wholive in the dwelling.

24. (1) Despite any other provision of this By-Law, a designated public place with a separately ventilatedsmoking area which was fully constructed and in operation on or before October 23, 2002, andwhich complied then and continues to comply with all requirements established for such areas inSection 11 of By-Law 2001-7L of the City of Greater Sudbury, may continue to permit smokingwithin the separately ventilated smoking area until May 31, 2004.

(2) On June 01, 2004, the exemption set forth in Section 24(1) shall expire.

CONFLICTS

25. If a provision of this By-Law conflicts with an Act or a regulation of another By-Law, the provision thatis the most restrictive of smoking shall prevail.

SEVERABILITY

26. If any section of this By-Law or parts thereof are found in any court of law to be illegal or beyond thepower of Council to enact, such section or sections or parts thereof shall be deemed to be separate andindependent therefrom and to be enacted as such.

EFFECTIVE DATES

27. This By-Law shall come into effect on May 31, 2003.

REPEAL

28. This By-Law repeals By-Law 2001-7L of the City of Greater Sudbury.

READ THREE TIMES AND PASSED IN OPEN COUNCILthis 14 day of November, 2002.th

- 9 - 2002-300

SMOKING IN PUBLIC PLACES AND WORKPLACES

GUIDELINES FOR ESTABLISHMENT OF OUTDOOR SMOKING AREAS

If an area is to be an outdoor smoking area, the following criteria must be adhered to:

1. Patrons entering an establishment must have an entrance separate from the outdoor smoking area, so asnot to necessitate their having to travel through the outdoor smoking area or smoke contaminated air togain access to the premise; and

2. Entry to the outdoor smoking area must be from within the establishment; and

3. Doorways leading from the outdoor smoking area back into the establishment must be clearly markedwith a no smoking sign to advise that the interior of the establishment is smoke free; and

4. Doorways, between the interior of the establishment and the outdoor smoking area must be sold and sealtight and kept closed except when the doors are being opened by individuals to enter or exit the outdoorarea; and

5. The outdoor smoking area must not share windows, which can be opened, with the interior of theestablishment; and

6. Persons under 19 years of age must be prohibited entry to an outdoor smoking area; and

7. If the outdoor smoking area is at ground level and covered with a roof, it must maintain exterioropening(s) in surrounding walls below a height of 2.44 metres equal in area to thirty-five percent (35%)of the total wall surface. Total wall surface for this purpose shall use the standard measure of 2.44metres (8 feet) for the height of walls.

Where the outdoor smoking area is elevated to the point where the building code requires a side barrieror wall 42 inches in height, total wall surface for this purpose may use the standard measure of 3.048metres (10 feet) height of all walls to facilitate the thirty-five percent (35%) of the total wall surfacerequired for exterior opening(s).

Exterior openings must not be obstructed by coverings including temporary or removable coverings suchas plastic sheets, blinds, curtains, etc

Example: If an establishment wishes to construct an outdoor area of 89.304 square metres (960 sq. ft.)adjacent to their premise:

Determine the total area of wall surface surrounding the roofed area as if walls, 2.4 metres (8 feet) inheight, were surrounding it.

All walls surrounding the roofed area must be included in this calculation. This includes permanent walls madeof brick or concrete. In addition, the walls are deemed to be 2.44 metres (8 feet) in height. The onlymeasurement needed is the length of each wall.

- 10 - 2002-300

9.15 metres (30 feet) (length) x 2.44 metres (8 feet) (height) x 4 walls = 89.304 square metres (960 square feet)of total wall surface.

9.15 x 2.44 x 4 = 89.304

Thirty-five percent (35%) of 89.034 square metres (960 square feet) is 31.26 square metres (336 square feet).

This means that the proprietor would have to create open space, below a height of 2.44 metres (8 feet) thatamounts to 31.26 square metres (336 square feet).

If all of these conditions are met, the area will not be enclosed for the purpose of By-Law 2002-300 andsmoking may be permitted.

- 11 - 2002-300

Sample - No Smoking Policy

Note: This is a sample policy only. This policy is a separate requirement from the required No-Smoking signsidentified in the By-Law. You must have both the signs and a no smoking policy posted as required.

Non-Smoking La politique

Policy anti-tabac

Effective may 31, 2003, a Non-Smoking Policywill prohibit smoking in all interior areas of thesepremises. There will be no allowance fordesignated smoking rooms not established inaccordance with City of Greater Sudbury By-Law2001-7L.

Changes to the smoking policy are in accordancewith the City of Greater Sudbury’s Smoke-FreePublic Places and Workplaces By-Law and are inresponse to concerns about the health hazards ofsecond-hand smoke. We hope to help reduce thepotential smoke-related health problems of ouremployees by promoting a completely smoke-freework environment.

À compter du 31 mai 2003, il sera, en vertu de lapolitique anti-tabac, interdit de fumer dans toutesles aires intétieures des nos locaux. La politique neprévoit la désignation d’aucune les dispositions durèglement 2001-7L de la Ville du Grand Sudbury.

Ces changements ont été apportés à la suite del’adoption du Règlement de la Ville du GrandSudbury interdisant l’usage du tabac dans lesendroits publics et les lieux de traviel et despréoccupations soulevées touchant les dangers dela fumée secondaire pour la santé. En faisant lapromotion d’un milieu de travail sans fumée, nousespérons contribuer à la réduction des problèmesde santé liés au tabac chez nos employés.

Employer/Employeur

Date

Workplace/Lieu de travail

A non-smoking workplace policy as required by City of Greater Sudbury By-Law 2002-300.

Une politique sur les lieux de travail sans fumée telle qu’elle est requiese par le Règlement municipal 2002-300 de la Ville Du

Grand Sudbury.

- 12 - 2002-300

Sample No-Smoking Signs

Section 14(E) of this By-Law allows for signs that differ from the directions provided. The following sampleswill provide you with some guidelines to any replacement sign.

Any sign used as a replacement MUST meet the size and graphic content descriptions in Section 14 (A) and(C).

City of Greater Sudbury By-Law 2002-300 Règlement municipal de la Ville du Grand Sudbury 2002-300

SMOKING IS PROHIBITED WITHIN 9 METRES (30 FEET) OF AN ENTRANCE OR EXIT TO A PUBLIC PREMISES.

IL EST INTERDIT DE FUMER À MOINS DE9 MÈTRES (30 PIEDS) DES ENTRÉES D’UN LIEU PUBLIC.

City of Greater Sudbury By-Law 2002-300

Règlement municipal de la Ville du Grand Sudbury 2002-300