THE COUNCIL OF THE CORPORATION OF THE CITY OF BURLINGTON HEREBY ENACTS AS FOLLOWS:

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1 THE CORPORATION OF THE CITY OF BURLINGTON A by-law respecting smoking in public places WHEREAS it has been determined that environmental tobacco smoke (exhaled smoke and the smoke from idling cigarettes, cigars or pipes), also known as ETS and second-hand smoke, is a health hazard because of its adverse effects and risk to the health of the inhabitants of the City of Burlington; AND WHEREAS the Medical Officer of Health for the Region of Halton has declared that second-hand smoke is a serious health hazard; AND WHEREAS it is desirable for the health, safety and welfare of the inhabitants of the City of Burlington to provide for the prohibiting and abating of second-hand smoke in accordance with the provisions of this by-law; AND WHEREAS section 213 of the Municipal Act, R.S.O. 1990, c. M.45 as amended authorizes Councils of local municipalities to pass by-laws regulating the smoking of tobacco in public places within the municipality and designating public places or classes or parts of such places in which smoking tobacco or holding lighted tobacco is prohibited; THE COUNCIL OF THE CORPORATION OF THE CITY OF BURLINGTON HEREBY ENACTS AS FOLLOWS: Definitions 1. In this by-law: "bingo hall" means a building, location or premises where the conduct of bingo events is licensed; bowling centre means a building or structure or part thereof where the principle business is the provision of bowling lanes for hire or gain; billiard/pool hall means a building or structure or part thereof where the principle business is the provision of billiard tables for hire or gain; "City" means The Corporation of the City of Burlington; "common area" means that part of any building or structure including a commercial or retail establishment, residential condominium or multiple dwelling unit apartment building, other than a dwelling unit, to which the public may have access, whether as of right or by invitation, express or implied and includes, but is not limited to, a reception area for receiving or greeting customers, clients, patients, guests or other persons, elevators, escalators, hallways, stairwells, foyers, lobbies, laundry rooms, washrooms, and amenity areas; "common areas of enclosed shopping malls" means those areas of the mall that are open to the public and that are not part of a particular retail establishment or other business within the mall; "Designated Smoking Room" means a room within a building or structure or part thereof that is completely enclosed on all sides and separately ventilated and meets the requirements of Schedule C ;

2 2 dining room is that portion or area within a restaurant where sit down table service of meals or beverages is provided at any time for on-site consumption; enclosed, except as noted, means closed in by a roof or ceiling and walls with appropriate openings for ingress and egress; food court or indoor patio means an area located within a public place that is used in conjunction with a restaurant or take-out eating establishment, where unenclosed seating is provided or where meals or refreshments are consumed by the public; gasoline kiosk means a building, booth, stall or enclosed place where goods or services are sold or offered for sale to the public on the premises or an automobile service or gasoline station; patron means a customer, client, guest or visitor, not an employee. private club means a building or part thereof which is under the exclusive possession and control of a club meeting the following criteria: (c) (d) (e) (f) the club has a fixed membership list, each member must pay an annual or periodic membership fee, the club must have an executive/leadership that is elected by all the members on an annual or periodic basis, the club must have a constitution and/or by-laws that provide for the governing rules of the club, the club is registered under the Income Tax Act as a non-profit charitable organization, and the private club is for the private assemblage of its members such that nonmembers cannot enter the premises unless accompanied by a member except for such periods that the private club invites the public to attend. proprietor means any person who owns or occupies or ultimately controls, governs or directs the activities carried on within a public place, and includes the person actually in charge of the premises; public hall means premises, including banquet facilities, licensed by the City of Burlington; public place means the whole or part of any place designated as a public place under Section 2 of this by-law; public transit vehicle means any vehicle used for transporting the public and includes a school bus and a passenger vehicle used for hire; reception area or lobby means the indoor public space used by an office, establishment, residential building, hotel or inn for the receiving or greeting of customers, clients, residents or other persons dealing with such office, establishment, residential building, hotel or inn;

3 3 restaurant means an establishment engaged in the sale and service of food or drink or both to the public for consumption on the premises, and includes a bar, tavern, nightclub, cafeteria, café and those portions of a hotel or inn where such sale and service is carried on; "service line" means a line of two or more persons awaiting service of any kind available to the public, regardless of whether or not such service involves the exchange of money, including but not limited to sales, provision of information, transactions or advice and transfers of money or goods; "smoke or smoking" includes the carrying of a lighted cigar, cigarette, pipe or other lighted smoking equipment but does include the act of smoking where smoking is an element of a stage production or a theatrical performance; stand up bar means that area in which seating may or may not be provided, where the service of alcoholic beverages for on-site consumption takes place and where sit-down table service of meals or beverages is not generally provided. "video or amusement arcade" means premises to which the public has access and which contain electrical or mechanical machines or devices that may be used for playing games for the entertainment or amusement of the players. Designation of Public Places 2. The whole or part of every enclosed area to which the public has access as of right or by invitation, express or implied is designated as a public place for the purposes of this bylaw and without limiting the generality of the foregoing, the places listed in Schedule "A" to this by-law are designated as public places. 3. Notwithstanding Section 2 of this by-law: a private club shall not be considered a public place while being used exclusively for the private assemblage of persons; and a public hall shall not be considered a public place while used exclusively for the private assemblage of persons. General Prohibition 4. No person shall smoke in a public place.

4 4 Exceptions 5. Bingo Halls, Private Clubs and Public Halls, Restaurants, Bowling Centres and Billiard/Pool Halls 5.1 Bingo Halls Notwithstanding Section 4, fifty percent (50%) of the seating in a bingo hall is permitted for smoking until May 1, 2003, at which time smoking is only permitted within a Designated Smoking Room; the Designated Smoking Room shall not comprise more than fifty percent (50%) of the seating area available for people. No person under the age of 19 is permitted in the Designated Smoking Room. 5.2 Private Clubs and Public Halls Notwithstanding Section 4, when a private club or public hall is not being used exclusively for the private assemblage of persons, the maximum seating for smoking is thirty percent (30%) of the posted occupant load. On May 1, 2003, there shall be no smoking in a private club or public hall which is not being used exclusively for the private assemblage of persons, unless the smoking takes place in a Designated Smoking Room that is no larger than the lesser of 20% of the posted occupant load or 75 persons; On January 1, 2006, there shall be no smoking in a private club or public hall which is not being used exclusively for private assemblage of persons; (c) No person under 19 years of age is permitted in the Designated Smoking Room. 5.3 Restaurants Notwithstanding Section 4, smoking is permitted in a restaurant, excluding the dining room where no smoking is permitted, provided: Smoking is limited to thirty percent (30%) of the posted occupant load of the restaurant; smoking is only permitted in a stand up bar where there is no Designated Smoking Room; Effective May 1, 2003, no smoking be permitted except in a Designated Smoking Room that is no larger than the lesser of 20% of the posted occupant load or 75 persons; (c) Effective January 1, 2006, there shall be no smoking in a restaurant; (d) No person under 19 years of age is permitted in the stand up bar or a Designated Smoking Room.

5 5 5.4 Bowling Centres Notwithstanding Section 4, smoking is permitted in a bowling centre, excluding any dining room where no smoking is permitted, provided: Smoking is limited to thirty percent (30%) of the posted occupant load of the bowling alley; Effective May 1, 2003, there shall be no smoking in a bowling centre unless the smoking takes place in a Designated Smoking Room that is no larger than the lesser of 20% of the posted occupant load or 75 persons; (c) Effective January 1, 2006, there shall be no smoking in a bowling centre; (d) No person under 19 years of age is permitted in the Designated Smoking Room. 5.5 Billiard/Pool Halls Notwithstanding Section 4, smoking is permitted in a billiard/pool hall, excluding any dining room where no smoking is permitted, provided: Smoking is limited to thirty percent (30%) of the posted occupant load of the billiard/pool hall; On May 1, 2003, there shall be no smoking in a billiard/pool hall unless the smoking takes place in a Designated Smoking Room that is no larger than the lesser of 20% of the posted occupant load or 75 persons; (c) On January 1, 2006, there shall be no smoking in a billiard/pool hall; (d) No person under 19 years of age is permitted in the Designated Smoking Room. Proprietor Obligations 6. A proprietor shall not permit a person to smoke in a place where smoking is prohibited under this by-law; (c) Where smoking is prohibited under this by-law, a proprietor shall ensure compliance with this by-law and shall inform any person who is smoking in a prohibited area that smoking in that area is prohibited; A proprietor shall ensure that no ashtrays or like paraphernalia are placed or allowed to remain in the public place, other than ashtrays installed in a vehicle by the manufacturer.

6 6 (d) (e) Every proprietor shall ensure that No Smoking signs are conspicuously posted and clearly visible in all areas within a public place where there is no smoking and in compliance with the standards set out in this by-law, so as to clearly identify that smoking is prohibited. Where a Designated Smoking Room has been provided, every proprietor shall ensure the Designated Smoking Room is operational and in compliance with Schedule C at all times. Signage Requirements 7. Where a "No Smoking" sign is required to be posted under this by-law, the sign shall be in proportions and characteristics as set out in Schedule "B" to this by-law. 7.1 Without limiting the generality of Section 6(d) of this by-law, every proprietor of a public place shall ensure that a "No Smoking" sign is posted; (c) within any public washroom; in every food court or indoor patio area; at every entrance to a non-smoking area; 8. Where a DSR sign is required to be posted under this by-law, the sign shall be in proportions and characteristics as set out in Schedule B to this by-law. 8.1 Without limiting the generality of Section 6 (d) of this by-law, every proprietor of a public place shall ensure that a DSR sign is posted; within any Designated Smoking Room (DSR); at every entrance to a DSR. Offence and Penalty 9. Every person who contravenes a provision of this by-law is guilty of an offence and upon conviction is liable to a fine as provided for under the Provincial Offences Act, R.S.O. 1990, c. P.33 as amended. Enforcement 10. Municipal Law Enforcement Officers employed by the City and Public Health Inspectors employed by the Regional Municipality of Halton Health Department are hereby appointed as Inspectors for the purposes of enforcing this by-law and may: at any reasonable time, enter any public place, other than a dwelling unit, for the purpose of determining whether there is compliance with the by-law; make such examinations, investigations and inquiries as are necessary to determine whether there is compliance with this by-law.

7 7 Conflict 11. If a provision of this by-law conflicts with an Act or regulation or another by-law the provision that is the most restrictive of smoking shall prevail. Schedules 12. The Schedules to this by-law shall be deemed to form part of this by-law. Severability 13. If any section or sections of this by-law or parts thereof are found by a 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. Implementation Date and Repeal 14. This by-law shall come into full force and effect on July 1, By-law , as amended is hereby repealed, effective upon the coming into force of this by-law. Short Title 16. This by-law may be cited as the "Smoke-Free Public Places By-law. ENACTED AND PASSED this 24 th day of June MAYOR Robert S. MacIsaac CITY CLERK Kim Phillips

8 8 SCHEDULE A TO SMOKING IN PUBLIC PLACES BY-LAW Examples of Public Places Without limiting the generality of Section 2, the following enclosed places are included within the definition of public places: (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) (m) (n) (o) (p) (q) (r) (s) (t) (u) (v) (w) (x) (y) (z) (aa) (bb) (cc) the common areas of residential, commercial or office buildings the common areas of shopping malls a food court a restaurant a bar a public restroom a public elevator or stairwell the reception or waiting areas of offices, service facilities a bingo hall a bowling centre a cinema a theatre a retail shop a laundromat a barber shop or hairdressing establishment a public transit vehicle a school bus a taxicab a limousine a transit shelter a gasoline kiosk an indoor service line a video or amusement arcade a public hall an enclosed sports facility an entertainment lounge a billiard/pool hall a place of amusement a nightclub

9 9 SCHEDULE B TO SMOKING IN PUBLIC PLACES BY-LAW Signage: STANDARDS FOR NO SMOKING SIGNS 1. No Smoking signs shall: (c) be of sufficient size and conspicuously posted so as to clearly identify that smoking is prohibited within a public place or area within the public place; include a symbol of a cigarette within an interdictory symbol together with the words City of Burlington By-law, in similar proportion to the diagram set out below, and may include additional wording that does not detract from the message that smoking is not permitted within the public place; shall consist of letters and graphic symbol of colour(s) which contrast with the background colour of the sign or the surface to which it is applied.

10 10 SCHEDULE B TO SMOKING IN PUBLIC PLACES BY-LAW DSR signs shall: be of sufficient size and conspicuously posted so as to clearly identify that no person under the age of nineteen (19) years of age may be admitted to the DSR and to provide a warning that the DSR contains tobacco smoke; be rectangular in shape, a minimum of 11 cm. High x 28 cm. Wide or 4.25 high x 11 wide, or other such size as approved by the Director of Building; (c) include the words City of Burlington By-law, in similar proportion to the diagram set out below, and may include additional wording that does not detract from the warning message and the message that persons under the age of nineteen (19) years of age may not be admitted to the DSR; (d) shall consist of letters which contrast with the background colour of the sign or the surface to which it is applied. Under 19? Maximum fine $5,000 No person under the age of nineteen (19) years of age may be admitted to this Designated Smoking Room. City of Burlington By-law # Warning: This area contains tobacco smoke, which is harmful to health both for Smokers and for those who breathe in second hand smoke.

11 11 SCHEDULE C TO SMOKING IN PUBLIC PLACES BY-LAW Designated Smoking Rooms 1. A Designated Smoking Room (DSR) shall: (c) (d) (e) (f) be completely enclosed on all sides by solid floor-to-floor or floor-to-roof walls, windows or partitions unless approved otherwise by the Director of Building; be equipped with a door or doors that is/are: (i) not maintained in an open position by any means, and (ii) equipped with an alarm system which shall alarm whenever the door or doors is/are in an open position for longer than 1 minute. Such alarm system shall be in operation at all times the establishment is open for business. be equipped with a separate ventilation system that: (i) maintains a minimum ventilation rate of thirty (30) litres per second per person based on the maximum occupancy of the DSR, (ii) is ventilated directly to the outside air, (iii) is exhausted at a rate that must continuously exceed one hundred and ten percent (110%) of supply, (iv) is exhausted no less than three (3) metres from any air intake or opening, (v) has an interlock between the air supply system and the exhaust system to ensure continuous operation of both systems, (vi) is operating continuously at all times when any person is allowed to be present in such room. be located such that: (i) non-smoking individuals do not require access to or through, and (ii) employees are not required to go through in order to serve persons in an area where smoking is prohibited, and (iii) is not located within common areas such as washrooms, stairwells and corridors, escalators, elevators, areas devoted to food preparations and/or display, storage or reception areas. have the mechanical ventilation system designed and certified for compliance with these standards by a mechanical engineer and documentation of such certification together with an air balancing report must be provided forthwith upon completion of the Designated Smoking Room and installation of this ventilation system prior to initial occupancy of the DSR. at the sole cost of the owner/operator, be inspected and certified annually following installation, for compliance with these standards by a mechanical engineer retained by the owner/operator. Such certification to be provided to the Building Department 30 days prior to expiration of the DSR Certificate.

12 12 SCHEDULE C TO SMOKING IN PUBLIC PLACES BY-LAW Designated Smoking Rooms (g) (h) (i) in addition to any fees required elsewhere in this by-law, the Designated Smoking Room must be approved by the Director of Building and the administrative fee for such Certificate shall be $ annually. be the workplace of only employees who have agreed to work in this smoking area. be constructed under Building Permit and meet all the requirements of the Ontario Building Code.