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2005-134 THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2005-134 Being a By-law Respecting Smoking in Workplaces in the Township of Oro-Medonte and to Repeal By-Law No. 2003-35 WHEREAS Section 115 of the Municipal Act, 2001, S.D. 2001, c.25, as amended, authorizes a municipality to pass a by-law to prohibit or regulate the smoking of tobacco in workplaces in the municipality; AND WHEREAS it has been determined that second hand tobacco smoke (exhaled smoke and the smoke from idling cigarettes, cigars and pipes) is a . health hazard or discomfort for many inhabitants and employees In the Township of Oro-Medonte; NOW THEREFORE the Council of the Township of Oro-Medonte enacts as follows: 1. DEFINITIONS In this by-law, (a) Municipality: means the Township of Oro-Medonte; (b) Council: means the Council of the Township of Oro-Medonte; (c) Employee: includes a person who: (i) performs any work for or supplies any services to an employer; or (iI) receives any instructions or training in the activity, business, work, trade, occupation or profession of the employer; (d) Employer: includes any person who, as the owner, proprietor, manager, superintendent 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 a person therein; (e) Inspector: means a person appointed or contracted by Council to enforce this by-law; (f) Non-Smoking Policy: means a written policy that prohibits smoking in the workplace in accordance with this by-law; (g) Smoke or Smoking: includes the carrying of a lighted cigar, cigarette, pipe or any other lighted smoking instrument; (h) Workplace: means any indoor area of a building or structure in which an employee works and includes any indoor area of such building or structure utilized by an employee as well as a public transportation vehicle and a taxicab. 2. RESPONSIBILITIES OF THE EMPLOYER 2.1 Every employer shall adopt and implement a non-smoking policy that prohibits smoking in respect of each workplace in the Township under the control, supervision or ownership of the employer. 2.2 Where, after the effective date of this by-law, a workplace is created or comes into existence, the employer of such workplace shall within seven (7) days after such workplace is created or co~~s into exist~nce, adopt and implement a non-smoking policy that prohibits smoking In respect of each such workplace under the control, supervision or ownership of the employer. 2.3 Every employer required by the by-law to adopt and implement a non- smoking policy shall: (a) (b) (c) (d) (e) thereafter maintain the non-smoking policy in the workplace for which it was adopted; provide a copy of the non-smoking policy to each employee in the workplace within seven (7) days after the day upon which the non- smoking policy in respect of that workplace was adopted; post and keep continuously displayed a copy of the non-smoking policy in a prominent place accessible to all employees in the workplace; shall ensure that no ashtrays are placed or allowed to remain in any workplace where smoking is prohibited pursuant to this by-law, and erect signs in accordance with Section 4 at every entrance to the workplace indicating that smoking is prohibited in the workplace. 3. GENERAL PROHIBITIONS 3.1 When the non-smoking policy has been adopted for a workplace, no person shall smoke in the workplace. 3.2 When the non-smoking policy has been adopted for a workplace, no employer shall permit smoking in the workplace. 4. SIGNS 4.1 The employer or other person in charge of any workplace designated or regulated under this by-law shall ensure that a sufficient number of signs as prescribed by Section 4.2 are conspicuously posted so as to clearly identify that smoking is prohibited and shall ensure that: (a) signs are posted at every entrance to a workplace, which are visible and in sufficient numbers, clearly indicating that smoking is prohibited in the workplace, and (b) signs referred to in clauses (a) are in accordance with Section 4.2. 4.2 (1) The signs referred to in this by-law shall consist of graphic symbols that comply with the provisions of this section. (2) The following graphic symbol shall be used to indicate the areas where smoking is prohibited pursuant to this by-law: on a white background with the circle and the interdictory stroke in red. (3) The graphic symbol referred to in subsection (2) shall include the text "Township of Oro-Medonte By-law" in letters and figures at least five (5%) percent of the diameter of the circle in the symbol. (4) To the symbols referred to in subsection (2) there may be added additional appropriate symbols such as directional arrows. (6) Despite the fact that the symbol referred to in subsection (2) is a cigarette, it shall include a lighted cigar, cigarette, pipe or any other lighted smoking instrument. With respect to size of the graphic symbol, the diameter of the circle of the symbol referred to in subsection (2) shall be not less than ten centimeters (10cm). (5) (7) Deviations from the colour or content of the signs prescribed by this section that do not affect the substance or that are not calculated to mislead do not vitiate the signs. (8) Any sign prohibiting smoking that refers to a by-law of an old municipality is deemed to be referring to this by-law. 5. COUNCIL-APPROVED POLICIES 5.1 Council-approved non-smoking policies with respect to the Township's buildings are deemed to be specified within this by-law. 5.2 No person shall smoke in any area designated as an area where smoking is prohibited by any Council-approved policy referred to in Section 5.1. 6. DUTIES No employer or other person in charge of a workplace shall permit smoking where smoking is prohibited under this by-law. 7. OFFENCES 7.1 Any person who contravenes any of the provisions of this by-law is guilty of an offence. 7.2 Any person who hinders or obstructs an inspector lawfully carrying out the enforcement of this by-law is guilty of an offence. 8. FINES Every person who is convicted of an offence pursuant to this by-law is liable to a fine of not more than Five Thousand Dollars ($5,000.00) as provided for in the Provincial Offences Act, R.S.O. 1990, Chap. P.33. 9. ENFORCEMENT 9.1 The provisions of this by-law respecting the designation of non-smoking areas, the posting of signs and the duties imposed on the employer or other person in charge of a workplace shall be enforced by inspectors. 9.2 An inspector may, at any reasonable time, enter any designated workplace for the purposes of determining compliance with this by-law. 9.3 No inspector may enter a workplace that is also a dwelling without the consent of the occupant or without first obtaining and producing a warrant. 10. CONFLICTS If a provision of this by-law conflicts with an Act or a regulation or anot~er by-law, the provision that is the most restrictive of smoking shall prevail. 11. SEVERABILITY If any section or sections of this by-law or parts thereof are found in any court of law to be illegal or beyond the power of Council to enact, such section or sections or parts thereof shall be deemed to be severable and all other sections or parts of this by-law shall be deemed to be separate and independent therefrom and to be enacted as such. 12. REPEAL That By-Law No. 2003-35 be repealed in its entirety. 13. EFFECTIVE DATE This by-law shall come into force and effect on the date of passing thereof. 14. SHORT TITLE This by-law may be cited as the "Smoking in Workplaces" By-law. 15. EXEMPTIONS: The prohibitions set out in section 3.0 of this By-law do not apply to: (a) A workplace located in a dwelling where the only employees of that workplace are persons who live in the dwelling. BY-LAW READ A FIRST AND SECOND TIME THIS 7TH DAY OF DECEMBER , 2005. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 7TH DAY OF DECEMBER, 2005. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE ~.~~.~ yor, J. Neil Craig PROVINCIAL OFFENCES ACT PART I IT IS ORDERED pursuant to the provisions of the Provincial Offences Act and the rules for the Ontario Court of Justice that the amount set opposite each of the offences in the attached schedule of offences under the Provincial Statutes and Regulations thereunder and Municipal By-law No.2005-134, for the Corporation of the Township of Oro-Medonte, attached hereto is the set fine, for those offences. This Order is to take effect February 27,2006. DATED at Newmarket this 27th day of February, 2006. John A. Pa ne Regional S nior Justice Central East Region By-law No. 2005-134 A By-law Respecting Smoking in Workplaces in the Township of Oro-Medonte "Smoking in Workplaces By-law" Part I Provincial Offences Act Item 1 Short Form Wording Provisions Set Fines Creating or Definina Offence 1 Employer fail to adopt Section 2.2 $175 non-smoking policy within seven days of workplace comes into existence 2 Employer fail to provide a Section 2.3{b) $175 copy of the non-smoking policy to each employee in the workplace 3 Employer fail to post and Section 2.3{c) $175 continuously display a copy of the non-smoking policy in a prominent olace 4 Employer fail to remove Section 2.3{d) $175 ashtravs 5 Person smoke in Section 3.1 $175 workolace 6 Employer permit smoking Section 3.2 $175 in the workplace 7 Employer failed to erect Section 4.1 $175 signs in accordance with Section 4 at every entrance to workolace 8 Hinder or obstruct Section 7.2 $175 insoector NOTE: The penalty provision for the offences indicated above is Section 8 of By-Law 2005-134, a certified copy of which has been filed.