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CONSOLIDATION OF SMOKING BY-LAW NO. 4276
Adopted August 25, 2003
AS AMENDED BY
By-law No. 4300 - February 9, 2004
By-law No. 4955 - March 26, 2018
(This consolidation is prepared for convenience only.
For accurate reference, please consult the
City Clerk's Office, City of Yellowknife)
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CITY OF YELLOWKNIFE
BY-LAW NO. 4276
A BY-LAW of the Municipal Corporation of the City of Yellowknife to prohibit and regulate smoking
in public places;
PURSUANT TO Section 102 of the Cities, Towns and Villages Act, R.S.N.W.T., 1988 c. C-8;
WHEREAS a Council may make by-laws pursuant to Section 102 of the Cities, Towns and Villages
Act respecting public health and contagious diseases, and, specifically, prohibiting or regulating
smoking in public places; and
WHEREAS it is desirable in the interest of promoting the health, safety and welfare of the
inhabitants of the City of Yellowknife, to prohibit or regulate smoking, or both, in public places in
the City of Yellowknife as hereinafter set out;
NOW THEREFORE, THE COUNCIL OF THE MUNICIPAL CORPORATION OF THE CITY OF YELLOWKNIFE,
in regular session duly assembled, enacts as follows:
SHORT TITLE
1.
This by-law may be cited as the "Smoking By-law".
INTERPRETATION
2.
In this by-law:
"Canteen"
means a military or quasi-military mess or the
canteen facility of a fire hall in respect of which a
canteen licence has been issued pursuant to the
Liquor Act;
"Childcare Centre"
means an establishment provided for the care of
children which is operated by municipal, territorial or
federal governments or is privately owned or
operated.
"City"
means the Municipal Corporation of the City of
Yellowknife;
as amended by By-law No. 4955 March 26, 2018
"City Recreational Property"
means "Public Parks" and "Recreation Facilities" as
defined in the Public Parks and Recreational Facilities
By-law No. 4564 as amended, but does not include
an "Improved Trail" as defined in that By-law;
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"Club"
means a social, sporting, community, benevolent or
fraternal order or society, or any branch of it, in
respect of which a club licence has been issued
pursuant to the Liquor Act;
"Cultural and
means a cultural and sports
Sports Facility"
facility in respect of which a cultural and sports
facility licence has been issued pursuant to the Liquor
Act;
"Health Care Clinic"
means any place in which medical, dental, optical,
physiotherapy, chiropractic, therapeutic massage or
other similar health services are provided or
arranged but does not include a hospital;
as amended by By-law No. 4300 February 9, 2004
"Hospital"
means an institution operated for the care of the
diseased, injured or sick people and includes a
nursing station and a health centre;
"Licensed Dining Room"
means a dining room in respect of which a dining
room licence has been issued pursuant to the Liquor
Act;
"Officer"
means a person who is appointed in accordance with
the Cities, Towns and Villages Act as a By-law Officer
to enforce the by-laws of the City of Yellowknife or
any Peace Officer who is authorized to enforce the
by-laws of the City of Yellowknife;
"Place of Employment"
means any indoor place of work other than:
(i)
a private home which also serves as a place
of work; or
(ii)
a workplace occupied solely by an
independent contractor or only by the
partners to a partnership.
"Post"
means the erection or placing of a sign and includes
the act of keeping the sign continuously displayed;
" Private Recreational
means a private recreational
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Facility"
facility in respect of which a private recreational
facility licence has been issued pursuant to the Liquor
Act;
"Private Social Function" deleted
as amended by By-law No. 4300 February 9, 2004
"Proprietor"
means:
(i)
the person who controls, governs or directs
the activity carried on within the building,
place or premises referred to in this by-law
and includes any person in charge thereof
or any person who controls, governs or
directs the activity carried on therein;
(ii)
the owner or driver of a taxi cab;
(iii)
the owner or driver of a public bus or other
form of public transportation;
(iv)
the owner or driver of a school bus;
(v)
the governing body of a hospital, health
care facility, school or college;
"Public Place"
means a building or enclosed structure or portion
thereof used for the gathering together of persons
for
the
purposes
of
education,
worship,
entertainment, recreation, business or amusement
including restaurants, licenced dining rooms,
canteens, clubs, cocktail lounges, cultural and sports
facilities and private recreational facilities. A private
residential dwelling, a private vehicle or a place of
employment which is not generally accessible to the
public are not considered public places.
"Reception Area"
means the public space of an office or other
establishment used for the receiving or greeting of
customers, clients or other persons dealing with such
office or establishment;
"Restaurant"
means a dining room or similar public eating place
that is not a licenced premise pursuant to the Liquor
Act;
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"Retail Shop"
means any indoor place or premises, booth or stall
where goods are displayed or offered for sale by
retail, but does not include a restaurant, licenced
dining room or a hotel;
"Service Business"
means any business that derives the majority of
revenue from the provision of services and includes
but is not limited to a barber shop, hair salon, real
estate office, dry cleaner, mechanical shop, appliance
repair shop, travel agency, law firm or accounting
firm;
"Service Counter"
means a counter at which one or more persons are
standing awaiting service of any kind, but does not
include a counter or desk where the customer is
seated to do business;
"Service Line"
means a line of one or more persons standing
awaiting service of any kind, and includes but is not
limited
to
sales,
transactions,
provision
of
information or advice and the exchange or transfer of
money or goods, but does not include a counter or
desk where the customer is seated to do business or
a service line at a private social function;
As amended by By-law No. 4955 March 26, 2018
"Smoke" or Smoking"
means to inhale, exhale, burn, carry or control a
lighted cigarette, cigar, pipe, or other equipment that
burns any substance, including without limitation
tobacco and cannabis, or generates smoke, and
includes Vaping;
As amended by By-law No. 4955 March 26, 2018
"Vaping"
means the use of an electronic cigarette, vaporizer,
or other similar equipment used to vaporize any
substance whether or not it contains nicotine.
SMOKING RESTRICTIONS
3.
No person shall smoke
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as amended by By-law No. 4955 March 26, 2018
as amended by By-law No. 4300 February 9, 2004
(a)
in a public place;
(b)
in the common areas of buildings that are generally open to and accessible by the
public or generally available for common use by the occupants including, but not
limited to, hallways, foyers, stairways, elevators, escalators, laundry rooms,
washrooms and amenity areas;
(c)
in any part of a service business where clients are served;
(d)
in any reception area;
(e)
in a taxi cab or limousine whether on or off duty;
(f)
in a school bus, city transit bus or other form of public transportation or in a transit
shelter used for any of these forms of transportation;
(g)
while standing in or near a service line or service counter in any building generally
open to and accessible by the public;
(h)
in any part of a retail shop generally open to and accessible by the public;
(i)
in a cultural or sports facility;
(j)
in a hotel or motel room designated by the proprietor as non-smoking;
(k)
in the concourse of a retail shopping centre;
(l)
in a childcare centre;
(m)
in a health care clinic;
(n)
in a hospital except in a smoking area designated as such by the proprietor; or
(o)
on any City Recreational Property except:
(i)
in a smoking area designated as such by the City; or
(ii)
when it is part of a cultural or spiritual ceremony.
4.
No person shall smoke in any facility or vehicle leased, owned, rented, chartered or
operated by the City.
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GENERAL PROVISIONS
5.
Notwithstanding the specific provisions listed elsewhere in this by-law, the proprietor of
any building, or other indoor premise not specifically listed in this by-law, may designate
all or any portion of such premises as a non-smoking area by posting therein no smoking
signs in accordance with this by-law.
as amended by By-law No. 4300 February 9, 2004
6.
When the proprietor of any premises has designated the premises or a portion thereof as
a non-smoking area or where this by-law prohibits smoking in all or a portion of the
premises, the proprietor shall:
(a)
post signs in conspicuous locations as prescribed in this by-law; and
as amended by By-law No. 4300 February 9, 2004
(b)
not permit smoking in the premises or portion thereof which has been designated a
non-smoking area.
7.
No person shall smoke in a non-smoking area designated by a proprietor or established
pursuant to this by-law.
8.
No proprietor shall place ashtrays or similar receptacles on tables or other locations where
smoking is prohibited by this by-law.
SIGNS
9.
The proprietor of any building, structure, space, place or area where smoking is prohibited
by this by-law shall post a sign in proximity to the main entrance bearing the text
10.
"THIS IS A SMOKE-FREE ENVIRONMENT - NO SMOKING".
11.
All signs required to be posted pursuant to this by-law shall conform to the following
specifications:
(a)
all signs shall include the words "City of Yellowknife By-law No. 4276" in letters not
less than one-half (2) of the height for signs with letter height of three (3)
centimeters and not less than one-quarter (1/4) of the height of letters on all other
sizes of signs;
(b)
any sign posted to designate no smoking shall display the international symbol as
set out in Schedule "A", attached hereto and forming part of this by-law. Such
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graphic symbol shall occupy not less than twenty-five (25%) percent of the size of
the sign;
(c)
signs shall consist of at least two (2) contrasting colours, or if the lettering is to be
applied to a clear panel then the lettering shall contrast to the colour of the
background;
(d)
all signs used to identify smoking or non-smoking areas shall be placed at a height
and location easily seen by a person in the premises, and shall not be obscured in
any way;
(e)
the size of lettering for signs shall be based upon heights and viewing distances as
set out in Schedule "B" attached hereto and forming part of this by-law;
(f)
lettering may be in either upper case or lower case or a combination thereof but
"letter height" when used in this section means the actual height of a letter whether
or not it is in upper or lower case.
12.
Any sign that quotes By-law No. 4071 shall be acceptable for two years following the
effective date of this by-law provided that the remaining text complies with the provisions
of this by-law.
13.
No person shall remove, alter, conceal, deface or destroy any sign posted by any person
pursuant to this by-law.
PENALTIES
14.
Any corporation which fails or neglects to perform the duties or requirements imposed
upon it under the provisions of this by-law is guilty of an offence and liable on summary
conviction to a fine not exceeding ten thousand dollars ($10,000).
15.
Any individual, other than a corporation, who contravenes any of the provisions or
requirements of this by-law is guilty of an offence and liable on summary conviction to a
fine not exceeding two thousand dollars ($2,000).
16.
An Officer may issue a Summary Offence Ticket Information in the form prescribed by the
Summary Conviction Procedures Act and regulations, to any person who violates any
provision of this by-law and such individual or corporation may, in lieu of prosecution, pay
the City the voluntary penalty, for the offense as listed in Schedule C, attached hereto and
forming part of this by-law, prior to the court date specified on the ticket.
17.
Should any provision of this by-law be found to be invalid then such invalid provision shall
be severed and the remaining by-law shall be maintained.
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REPEALS
18.
By-law Nos. 4071 and 4237 are hereby repealed.
EFFECT
19.
This by-law shall come into effect on October 1, 2003 and when otherwise meeting the
requirements of sections 56 and 57 of the Cities, Towns and Villages Act.
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CITY OF YELLOWKNIFE
BY-LAW NO. 4276
Schedule A
Page 1
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CITY OF YELLOWKNIFE
BY-LAW NO. 4276
Schedule B
Page 1
The size of lettering for all signs shall be not less than the following heights based upon the
following maximum viewing distances in direct line of sight:
Viewing Distance
Letter Height
3 m or less
2 cms
6 m or less
5 cms
12 m or less
7 cms
24 m or less
10 cms
24 m or more
15 cms
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CITY OF YELLOWKNIFE
BY-LAW NO. 4276
Schedule C
Page 1
Voluntary Penalties
Corporation
1st Offence
$1,000.00
2nd Offence
$2,000.00
3rd Offence
$5,000.00
Individual
1st Offence
$ 100.00
2nd Offence
$ 200.00
3rd Offence
$ 500.00