THE CORPORATION OF THE MUNICIPALITY OF MACHIN

BY-LAW NUMBER 02-2006

BEING A BY-LAW TO RESCIND BY-LAW NUMBER 021-2000

AND BEING A BY-LAW TO DESIGNATE A NON-SMOKING AREA.

WHEREAS Council deems it expedient to provide a smoke free work environment within Municipal facilities R. S. O. 1990, Chapter M45, Section 102, as well as Bill 164, which will come in to force on May 31, 2006, which states that “No person shall smoke tobacco or hold lighted tobacco in any enclosed public place or enclosed workplace”.

It is the employers obligation to see that every employee shall, with respect to an enclosed workplace over which the employer exercises control ensure compliance with Section 9(3) of the Act and give notice to each employee in an enclosed workplace or place or area that smoking is prohibited in the enclosed workplace or place or area. Therefore, notice was given on November 28, 2005 in the form of a memo to all staff and Council members, as attached.

The Municipality already has in place or shall post prescribed signs prohibiting smoking throughout the enclosed workplace, including washrooms, ensure that no ashtrays or similar equipment remain, ensue that the person who refuses to comply does not remain in the enclosed workplace or place or area, and discipline is carried out, as outlined by the Health and Safety Policy.

NOW THEREFORE, the Corporation of the Municipality of Machin ENACTS as follows:

1.         THAT the following facilities are hereby designated as non-smoking areas:

                        a)        Municipal Office Building

                        b)        Municipal Garage

                        c)        Machin Medical Clinic

                        d)        Firehalls - Eagle River and Vermilion Bay

                        e)        Eagle River Skating Rink Building

                        f)         Woodland Arena

                        g)        Happy-Go-Lucky Seniors Activity Centre

                        h)        Eagle River Recreation Centre

                        i)         Vermilion Bay Water Treatment Plant

                        j)         any enclosed workplace as defined below.

2.         “Enclosed Workplace” is defined as the inside of any place, building or structure or vehicle or conveyance or a part of them that is covered by a roof, that employees work in or frequent during the course of their employment at that time.

             This legislation includes ALL buildings, vehicles and machinery while working or traveling to work or conferences.

3.         THAT this By-Law shall come into force and take effect on the day that it is passed.

READ a FIRST, SECOND and THIRD time, and FINALLY passed this 23^rd day of January, 2006.

THE CORPORATION OF THE

MUNICIPALITY OF MACHIN

__________________________

Barbara Beernaerts, MAYOR

__________________________

Tammy Rob, CLERK-TREASURER