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27-2003RegSmokingInWorkplaces
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27-2003RegSmokingInWorkplaces
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8/26/2010 11:05:03 AM
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6/20/2003 3:05:41 PM
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THE CORPORATION OF THE COUNTY OF ESSEX <br />BY -LAW NUMBER 27 -2003 <br />BEING A BY -LAW TO REGULATE SMOKING <br />IN WORKPLACES IN THE COUNTY OF ESSEX <br />WHEREAS it has been determined that second hand tobacco smoke (exhaled smoke and <br />the smoke from idling cigarettes, cigars and pipes) is a health hazard or discomfort for many <br />inhabitants of the County of Essex; <br />AND WHEREAS it is desirable for the health, safety, and welfare of the workers of the <br />County of Essex to provide for the prohibiting and abating of smoking and second hand smoke <br />in accordance with the provisions of this by -law; <br />AND WHEREAS Section 115 of the Municipal Act, 2001, S.O. 2001, c.25 as amended. <br />authorizes municipalities to pass by -laws prohibiting or regulating the smoking of tobacco in <br />workplaces; <br />NOW THEREFORE the Council of the Corporation of the County of Essex enacts as follows <br />Definitions <br />1. In this by -law: <br />• "County" means the Corporation of the County of Essex; <br />• "elector(s)" shall have the same meaning as in Section 115 of the Municipal Act, 2001, <br />S.O. 2001, c.25 as amended; <br />• "employee" includes a person who, performs any work for or supplies any services to an <br />employer, for remuneration or not, or receives any instructions or training in the <br />activity, business, work, trade, occupation or profession of the employer; <br />• "employer" includes any person who, as the owner, proprietor, manager, superintendent <br />or overseer of any activity, business, work, trade, occupation or profession, has control <br />over or direction of, or is directly or indirectly responsible for the employment of a <br />person therein; <br />• "Inspector" means any person appointed by Essex County Council as a municipal <br />tobacco by -law enforcement officer, any person appointed by the Minister of Health as <br />a Provincial Offences Officer under the Tobacco Control Act, or any police officer of <br />the Ontario Provincial Police or police service of a lower -tier municipality; <br />
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