Definitions
213.(1)In this section, “public transit vehicle” includes a school bus and a passenger vehicle used for hire; (“véhicule de transport en commun”) “workplace” includes a public transit vehicle. (“lieu de travail”) By-law, smoking in public places and workplaces (2)The council of a local municipality may pass a by-law regulating the smoking of tobacco in public places and workplaces within the municipality and designating public places or workplaces or classes or parts of such places as places in which smoking tobacco or holding lighted tobacco is prohibited. Same (3)A by-law made under subsection (2) may, (a) define “public place” for the purposes of the by-law; (b) require a person who owns or occupies a place designated in the by-law to post signs referring to the prohibition or to such other information relating to smoking as is required by the by-law; (c) prescribe the form and content of signs referred to in clause (b) and the place and manner in which the signs shall be posted; (d) permit persons who own or occupy a place designated in the by-law to set aside an area that meets criteria prescribed by the by-law for smoking within the place; (e) prescribe the criteria applicable to smoking areas in clause (d), including the standards for the ventilation of such areas; (f) require areas set aside for smoking in places designated by the by-law to be identified as an area where smoking is permitted; and (g) require the employer of a workplace or the owner or occupier of a public place to ensure compliance with the by-law. Public places (4)Despite any definition of “public place” contained in a by-law made under subsection (2), no by-law made under subsection (2) shall apply to a street, road or highway or a part thereof. Inspectors (5)A local municipality may appoint inspectors for the purpose of a by-law made by the municipality under subsection (2). Entrance without warrant (6)An inspector may, at any reasonable time, enter any public place or workplace designated by a by-law under subsection (2) for the purpose of determining whether there is compliance with the by-law. Dwelling (7)Despite subsection (6), an inspector shall not exercise a power to enter a place, or a part of a place, that is used as a dwelling unless, (a) the occupier of the dwelling consents to the entry, having first been informed by the inspector of his or her right to refuse consent; or (b) if the occupier refuses to consent, the power to enter is exercised under the authority of a warrant issued under section 158 of the Provincial Offences Act. Powers of inspector (8)An inspector may make such examinations, investigations and inquiries as are necessary to determine whether there is compliance with a by-law made under subsection (2). Obstruction (9)No person shall obstruct an inspector carrying out an inspection under this section. Warrant (10)A judge or justice of the peace may, upon application by an inspector appointed under subsection (5), issue a warrant authorizing the inspector to enter, examine, investigate or make inquiries with respect to a public place or workplace if the judge or justice of the peace is satisfied by evidence under oath that, (a) the entry, examination, investigation or any inquiry is reasonably necessary for the purposes of determining whether there is compliance with a by-law made under subsection (2); and (b) the inspector has been prevented or is likely to be prevented from exercising any of his or her powers under this section or the inspector has been obstructed. Expiry of warrant (11)A warrant shall name the date on which it expires. Execution of warrant (12)A warrant may specify the days and hours during which it may be executed and if there is no such specification in the warrant, the warrant shall be executed between 6 a.m. and 9 p.m. on any day of the week. Use of force (13)The inspector may use such force as is reasonably necessary to execute the warrant and call on police officers to assist in the execution of the warrant. Application to upper-tier municipalities (14)A county, district, regional or metropolitan municipality or the County of Oxford may exercise the powers under this section if a majority of the councils of the area or local municipalities within those municipalities approve the exercise of such powers. Conflict with other by-laws (15)A by-law made by a county, district, regional or metropolitan municipality or the County of Oxford under subsection (14) supersedes any by-laws respecting smoking made under this section by the area or local municipalities within those municipalities. Repeal of by-law (16)A by-law made under subsection (14) is repealed if a majority of the area municipalities rescind their approval. Offence (17)Any person who contravenes subsection (9) is guilty of an offence. Crown bound (18)This section binds the Crown. Conflict with other legislation (19)In the event of a conflict between a provision in a by-law made under this section and a provision of any Act or regulation, the provision that is the most restrictive of smoking prevails. 1994, c. 10, s. 21 (2).