Gore Bay restricts where smokers and vapers can light up

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The Recorder

GORE BAY—The Town of Gore Bay is now one of a few municipalities in Ontario that has passed a bylaw that significantly regulates where smokers and vapers can legally light up. 

“We are one of only a handful municipalities looking at passing this type of bylaw, to restrict smoking to outside of three metres of (entrances or exits to) private or public buildings in town (and nine meters of any entrance or exit for a municipal building),” said Gore Bay Mayor Dan Osborne during last week’s council meeting. 

“Is there going to be any signage indicating no smoking or vaping?” asked Councillor Ken Blodgett.

Mayor Osborne pointed out this is going to be up to individual businesses to put in place. The requirement for signs does not apply to designated public places such as a park and outdoor community meeting areas. 

Mayor Osborne told the Recorder after the meeting, “if the laws are followed, people won’t smoke or vape on the sidewalks or streets.”

He pointed out the City of North Bay has passed a similar bylaw. 

The council passed the bylaw to regulate smoking and vaping in public places and enclosed workplaces in Gore Bay, repealing its previous bylaw, No. 2003-25.

The bylaw states in part that whereas section 115 of the Municipal Act, 2001, S.O. 2001, c.25, as amended provides that a municipality may pass bylaws regulating the smoking of tobacco in public places and enclosed workplaces within the municipality; and a municipality may pass bylaws respecting the economic, social and environmental well-being of the municipality, the health, safety and well-being of persons and the protection of persons and property.

“Whereas it has been determined that second-hand smoke and vapor are a health hazard or discomfort for many inhabitants of and visitors to the Town of Gore Bay; and whereas the establishment of a community standard of smoke-free public places assists in de-normalizing tobacco, Electronic Cigarette and Cannabis use and promotes a smoke-free and vapour-free culture.”

Smoke and smoking include the carrying, holding or inhaling of lighted cannabis, a lighted cigar, cigarette, water-pipe, pipe, or any other lighted smoking equipment.

This bylaw applies to the smoking and vaporizing of tobacco, cannabis, e-Substance, shisha, whether or not it contains tobacco, and other plant material or oils intended for inhalation in every designated public place and in every enclosed workplace within the geographic limits of the Town of Gore Bay.

The following are designated public places for the purposes of this by-law; every place as set out in section 12 (2) of the Smoke-Free Ontario Act, 2017, S.O. 2017, c. 26, Schedule 3; a park; an outdoor community meeting area; within nine metres of any entrance or exit of a municipal building; within three metres of any entrance or exit of an enclosed workplace or enclosed public place. No person shall smoke or vaporize in any designated public place, whether or not a “No Smoking’ or a “No Vaping” sign is posted.

“For greater clarity, no person shall smoke or vaporize in any enclosed workplace, whether or not a “No smoking” sign or a “No Vaping” sign is posted.

Under the bylaw, for offence and penalty provisions, “every person, other than a corporation, who contravenes any provision of this By-Law is guilty of an offence and on conviction is liable to a fine of not more than $10,000 for a first offence and $25,000 for any subsequent offence.”

Every corporation that contravenes any provision of this By-Law and every officer or director of a corporation who knowingly concurs in such contravention is guilty of an offence and on conviction is liable to a fine of not more than $50,000 for a first offence and $100,000 for any subsequent offence.