Grey County is Smoke-Free

Facts About Grey County’s Smoke-Free By-Law

These questions and answers have been provided to help you understand the new Smoke-Free By-Law for Grey County.  This is not a legal document.  Please refer to By-Law # 3943-02 for the exact legal wording. A copy of the by-law can be obtained by contacting Grey County  at 376-2205 or going to the Grey County web site at www.greycounty.on.ca and clicking on County No Smoking By-law.

Q. When did the by-law take effect?

The by-law took effect on September 3, 2002.  Proprietors and employers of establishments must now comply.

Q. How does the by-law apply to workplaces?

No person shall smoke in any indoor workplace, including all common areas such as washrooms, lobbies, parking garages and any vehicle in which an employee works. If the public has access to your establishment, or if you have one or more employees or volunteers working there, then your establishment must comply with the by-law.  The workplace exemptions are the private member areas of the Royal Canadian Legions and any part of a workplace that is used as a private residence.

Q. How does the by-law apply to public places?

No person shall smoke in any indoor public place.  If the public has access to your establishment then you must comply with the by-law. 

Q. Does the smoke-free by-law apply to outdoor patios?

No.  As long as the outdoor patio is not fully enclosed.

Q. Does the smoke-free by-law apply to outdoor workplace property?

No.

Q. How do I smooth the transition to smoke-free?

• Set a good example; be positive about the change.  This will help ease the transition period for everyone.
• Start informing your employees and customers of the coming change.  Promote your smoke-free place by sharing the materials contained in this package with your employees and customers.
• Remove ashtrays.
• Post "No Smoking " signs.                                                             
• Train employees about the bylaw, including what to say to customers or fellow employees who are smoking.  For example:

“I’m sorry, you'll have to put out your cigarette or smoke it outside.  This is a smoke-free place, in accordance with Grey County's smoke-free by-law. Thank you for your cooperation.” 

• Provide outdoor containers for discarded cigarettes. You may want to designate an outdoor smoking area.

Q. Can I still use the no-smoking signs I have posted now?

No, new signs for each county must be posted.  Establishments currently using the provincial Tobacco Control Act signs must continue to use them, as they are legally required as well.

Q. How does this by-law affect establishments that are regulated by the Ontario Tobacco Control Act?

Establishments regulated by the Ontario Tobacco Control Act will continue to be accountable to this legislation as well as Grey County's smoke-free by-law.  In the event of a conflict between a provision in the by-law and the Act, the provision that is most restrictive of smoking prevails.

Q. Are establishment proprietors and employees expected to ensure the by-law is followed and what happens if they don’t?

 Yes.  Proprietors and employees must ensure that there is compliance with the smoke-free by-law by completing the following actions:

• Post the required No-Smoking signs
• Remove all ashtrays or like paraphernalia
• Ensure employees are prepared to approach and advise customers to follow the bylaw
• Request that customers and employees not smoke inside the building

If these requirements are not met, anyone may be charged (this includes customers, employees or proprietors). 

The by-law also requires that By-Law Enforcement Officers cannot be hindered or obstructed when inspecting premises for compliance to the by-law.

Q. How can my establishment deal with customers who refuse to comply with the by-law?

Despite an owner’s best efforts, some customers may continue to smoke or refuse to go outside.The following are some techniques you may wish to use to encourage compliance with the by-law.

• Show concern while speaking directly to the customer.  Respect personal space.
• Explain that the by-law prohibits smoking inside, and refer to the sign.
• Politely and calmly request the person extinguish the cigarette or go outside to smoke.
• If she/he refuses to listen, ask the individual to leave.  If the situation escalates, follow your usual policy for dealing with an uncooperative customer.  This may include calling 911 immediately and asking for police assistance. 
• Contact the Health Unit, 376-9420 or 1-800-263-3456 and register a by-law complaint if this is an ongoing problem. 

It is the experience of other cities with a similar by-law that the customer will often leave before any bylaw or police intervention is needed.

Q. Who will enforce the by-law?

By-Law Enforcement Officers employed by the Grey Bruce Health Unit will be enforcing this by-law through ongoing, regular inspections and in response to complaints.  The Health Unit will provide ongoing information to the public, employers and business owners about the requirements of the by-laws, as public awareness is essential to successful implementation of the by-law.

Q. How can a person report a by-law infraction?

Anyone can report a by-law infraction, 24 hours a day, by calling 376-9420 or 1-800-263-3456.   The help line is staffed Monday to Friday, from 9:30 a.m. to 3:30 p.m.  After hour callers are    asked to leave their name and phone number as well as detailed information about the infraction including the date, time and name and address of establishment.  A Tobacco Enforcement Officer      will respond to the call.   

Q. What are the fines for not complying with the by-law?

            The fine can be up to $5,000.00.

Q. Who do I call for more information?

Staff at the Grey Bruce Health Unit are ready to answer your questions and support you in making the transition to a smoke-free environment.  You can contact the Health Unit at

376-9420 or 1-800-263-3456

By working together we can implement this smoke-free by-law

 

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