A by-law of the City of Ottawa respecting smoking in the workplace.
WHEREAS Section 213 of the Municipal Act, R.S.O. 1990, Chap. M.45, as amended, enables councils of local municipalities to pass by-laws to regulate or prohibit the smoking of tobacco in workplaces in the municipality;
AND WHEREAS it has been determined that second hand smoke is a nuisance because of its irritating and discomforting properties and is a health hazard because of its impairment adverse effect and risk to the health of the inhabitants and employees of the City of Ottawa.
The Council of the City of Ottawa enacts as follows:
Section 1 - Definitions
In this by-law:
"City" means the City of Ottawa;
"Council" means the City Council of the City of Ottawa;
"employee" includes a person who,
- performs any work for or supplies any services to an employer, 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 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;
"inspector" means a person appointed by Council as a municipal by-law enforcement officer to enforce this by-law;
"non-smoking policy" means a written policy that prohibits smoking in the workplace in accordance with this by-law;
"smoking" includes carrying a lighted cigar, cigarette, pipe or any other lighted smoking instrument and "smoke" has a corresponding meaning; and
"workplace" means any enclosed area of a building or structure in which an employee works and includes washrooms, corridors, lounges, eating areas, reception areas, elevators, escalators, foyers, hallways, stairways, amenity, areas, lobbies, laundry rooms and parking garages utilized by an employee.
Section 2 and 3 - Responsibilities of the Employer Respecting Adoption of a Non-smoking Policy
- Every employer shall, on August 1, 2001, adopt and implement a non-smoking policy that prohibits smoking in respect of each workplace in the City under the control, supervision or ownership of the employer.
- Where, after August 1, 2001, a workplace is created or comes into existence, the employer of such workplace shall within seven (7) days after such workplace is created or comes into existence, 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.
Every employer required by the by-law to adopt and implement a non-smoking policy shall,
- 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; and
- erect signs in accordance with Section 6 at every entrance to the workplace indicating that smoking is prohibited in the workplace.
Section 4 and 5 - General Regulations
When the non-smoking policy has been adopted for a workplace, no person shall smoke in the workplace.
When the non-smoking policy has been adopted for a workplace, no employer shall permit smoking in the workplace.
Section 6 - Sign Requirements
- The signs referred to in this by-law shall consist of graphic symbols that comply with the provisions of this section.
- The following graphic symbol shall be used to indicate that smoking is prohibited in the workplace: on a white background with the circle and the interdictory stroke in red.
- The graphic symbol referred to in subsection (2) shall include the text "City of Ottawa By-law/Règlement municipal de la Ville d'Ottawa" in letters and figures at least five (5%) percent of the diameter of the circle in the symbol.
- With respect to size of the graphic symbol, the diameter of the circle in the symbol referred to in this section shall be not less than ten (10 cm) centimetres.
- Despite the fact that the symbol referred to in subsection (2) and subsection (3) is a cigarette, it shall include a lighted cigar, cigarette, pipe or any other lighted smoking instrument.
- 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.
- Any sign prohibiting smoking that refers to a by-law of an old municipality is deemed to be referring to this by-law.
Section 7 - Inspection of Workplace
- For the enforcement of this by-law, an inspector, upon producing proper identification, may, at all reasonable hours, enter any workplace or any building or structure in which a workplace is situate and may make examinations, investigations and inquiries.
- 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.
Section 8 to 10 - Offences
- Any person who smokes in a workplace in contravention of Section 4 is guilty of an offence.
- Any employer who permits smoking in the workplace in contravention of Section 5 is guilty of an offence.
Any employer who refuses, fails or neglects to perform any of the duties imposed upon him, her or it under any of the provisions of this by-law is guilty of an offence.
Any person who hinders or obstructs an inspector lawfully carrying out the enforcement of this by-law is guilty of an offence.
Section 11 - Fines
Every person who is convicted of an offence is liable to a fine of not more than Five Thousand ($5,000.00) Dollars as provided for in the Provincial Offences Act, R.S.O. 1990, Chap. P.33.
Section 12 - Exemptions
This by-law shall not apply to:
- any part of a workplace that is used as a private residence;
- those portions of workplaces specified in By-law Number 2001 - 148 entitled "A by-law of the City of Ottawa respecting smoking in public places", as amended, or any by-law enacted in substitution therefor.
Section 13 - Conflicts
If a provision in this by-law conflicts with the Smoking in the Workplace Act, R.S.O. 1990, Chap. S.13 or any other Act or a regulation, the provision that is the most restrictive of smoking prevails.
Section 14 - Repeal
The following by-laws of the old municipalities are repealed:
- By-law No. 25-97 of The Corporation of the City of Nepean entitled "Being a by-law of The Corporation of the City of Nepean respecting smoking in the workplace";
- By-law No. 25-97 of The Corporation of the City of Kanata entitled "Being a by-law of The Corporation of the City of Kanata respecting smoking in the workplace";
- By-law Number 122-92 of The Corporation of the City of Ottawa entitled "A by-law of The Corporation of the City of Ottawa respecting smoking in the workplace", as amended; and
- By-law No. 23-93 of The Corporation of the Township of Goulbourn entitled "Being a by-law of the Corporation of the Township of Goulbourn respecting smoking in the workplace with respect to a smoke free work environment".
Section 15 - Effective Date
This by-law shall come into effect on August 1, 2001.
Section 20 - Short Title
This by-law may be cited as the "Workplace By-law".
ENACTED AND PASSED this 9th day of May, 2001.
CITY CLERK - MAYOY