ontario regulation 261/09
made under the
Smoke-Free Ontario Act
Made: June 17, 2009
Filed: July 15, 2009
Published on e-Laws: July 17, 2009
Printed in The Ontario Gazette: August 1, 2009
Amending O. Reg. 48/06
(General)
1. Subsection 1 (2) of Ontario Regulation 48/06 is amended by striking out “sections 13 and 14” in the portion before the definition of “roof” and substituting “section 14”.
2. Section 13 of the Regulation is revoked and the following substituted:
Covered and partially covered restaurant and bar patios
13. (1) Covered and partially covered restaurant and bar patios are prescribed areas for the purposes of paragraph 7 of subsection 9 (2) of the Act.
(2) A covered or partially covered restaurant or bar patio is an area that is not an enclosed public place or enclosed workplace, but that meets all the criteria set out in the following paragraphs:
1. The public is ordinarily invited or permitted access to the area, either expressly or by implication, whether or not a fee is charged for entry, or the area is worked in or frequented by employees during the course of their employment whether or not they are acting in the course of their employment at the time.
2. Food or drink is served or sold or offered for consumption in the area, or the area is part of or operated in conjunction with an area where food or drink is served or sold or offered.
3. The area is covered, in whole or in part, by a physical barrier of any size, whether temporary or permanent, that is capable of excluding rain or impeding airflow, or both.
4. The area is not primarily a private dwelling.
(3) For the purposes of this section, a place is considered to be included in an area that is a covered or partially covered restaurant or bar patio unless,
(a) it is not contiguous with or adjacent to the area;
(b) it is on a different level from the area, and the difference in height is at least 1.37 metres; or
(c) it is an enclosed public place or enclosed workplace.
3. This Regulation comes into force on the day it is filed.