Background
On May 27, 2017, Newmarket Council approved the new Smoking By-law that addresses smoking and vaping of cannabis and tobacco on public property. The By-law specifies that smoking and vaping of cannabis, tobacco and other products is prohibited on all municipally-owned property, which includes facilities, parks, open green spaces and trails. The By-law provides for the provision of Designated Smoking Areas at certain Town-owned facilities, where only smoking and vaping of tobacco will be permitted. The new By-law will be a one-year pilot project and staff will report to Council if by-law amendments are required. Private property owners are responsible for establishing their own regulations as it pertains to tobacco and cannabis use on their property.
Frequently Asked Questions
Where can I legally smoke or vape tobacco and cannabis in Newmarket?
All Town owned property is Smoke-Free. Individuals are not permitted to smoke on Town property unless there is a Designated Smoking Area. It is prohibited to smoke within 20 metres of the property line of all Town owned recreational facilities (I.e., Magna Centre, Ray Twinney Recreation Complex, Gorman Pool, Youth Recreation and Skate Park). It is the responsibility of the public to familiarize themselves with the smoking regulations of private property. However, you may legally smoke tobacco and cannabis on sidewalks and your own property.
Can I smoke tobacco or cannabis in my car?
Under the Smoke-Free Ontario Act, no drivers and their passengers can smoke tobacco or vape any substance in a car or other motor vehicles if a passenger is 15 years or younger. No one in a motor vehicle that is being driven or will potentially be driven can consume cannabis in any manner. Those with a medicinal cannabis document can only consume edible cannabis in a motor vehicle.
Is smoking or vaping allowed on sidewalks?
Newmarket’s Smoking/Vaping By-law does not apply to sidewalks located adjacent to a roadway, however, the Smoke-Free Ontario Act does not permit smoking/vaping in public areas, (includes the sidewalk area) in the following locations:
- Within a nine (9) metre radius of the perimeter of a sidewalk patio
- Within a 20 metre radius of the grounds of a community recreational facility, playground or school.
How do I submit a complaint regarding this By-law?
The Legislative Services department is responsible for enforcing the Town’s regulatory by-laws and operates on a complaint basis. If you have a complaint regarding smoking in public areas in Newmarket, you may register your complaint by contacting the Customer Service department by phone at 905-895-5193, by email at
[email protected] or file the complaint in-person with Customer Service at the Municipal Offices (395 Mulock Drive). When a complaint is received by Customer Service, it is then forwarded to by-law officers to be investigated and take appropriate action.
Are there any exceptions to this by-law?
Exceptions to Newmarket's Smoking By-law include:
- Those who have a medicinal cannabis document.
- Designated Smoking Area’s/ Temporary Designated Smoking Area’s.
- Traditional and Cultural purposes: Traditional tobacco is tobacco and/or other plant mixtures grown or harvested and used by Indigenous persons for ceremonial or medicinal purposes.
- Residential vehicles / boats that are not in motion.
What are the smoking regulations for Town properties?
Click here for the smoking regulations of each Town owned property. Each map illustrates the property lines of Town owned facilities in black. Smoking is restricted within these black lines. The areas beyond the black lines are either private property or a roadway and are subject to individual smoking and vaping regulations of tobacco and cannabis. It is the responsibility of the public to familiarize themselves with the smoking regulations of private property.
Resources:
