Smoke Free Parks

What is the City of Greater Sudbury By-law?

By-law 2013-54 to Regulate Parks under the Jurisdiction of the City of Greater Sudbury came into effect on May 1, 2013. This by-law includes provisions to prohibit smoking in outdoor public spaces available for active recreation or quiet relaxation. After May 1, all municipal parks and associated facilities are smoke-free including:

  • amphitheatres and gazebos
  • ballfields
  • beaches
  • bleachers/field houses
  • parkettes
  • parking areas
  • playgrounds
  • skateboard and BMX parks
  • ski hills/outdoor rinks
  • soccer/football fields
  • splash pads
  • tennis courts
  • trails/boardwalks/walkways.

What is the definition of a park?

Under By-law 2013-54 to Regulate Parks under the Jurisdiction of the City of Greater Sudbury, a park means any land, land covered by water and any portion thereof owned by or made available by lease, agreement or otherwise to the City, that is or may in the future be established, dedicated, set apart or made available for use as open public space for active or passive recreation or other public use and includes all buildings, structures, facilities, erections, improvements, parking areas, walkways, driveways and amenities, located in or on the land.

How will the smoking prohibition be enforced?

The no smoking provision in the parks by-law is currently enforced under the Provincial Offences Act. Smokers found in violation of the smoking prohibition will be issued a warning by City of Greater Sudbury Compliance and Enforcement Officers in expectation of voluntary compliance.

Officers have the authority to ask the smoker to leave the property of municipal outdoor recreation areas. Officers also have the authority to issue a summons ordering those found in violation of the smoking prohibition to appear before the Ontario Court of Justice Provincial Offences Court. Maximum fine that can be ordered by the Court is $5,000.

Currently, there is no option to pay the fine in advance of Court proceedings. The City of Greater Sudbury has applied for set fines with the Ontario Court of Justice. Set fines will allow By-law Enforcement Officers to issue tickets on the spot. It will also provide an option to those receiving a ticket to either pay the fine at the Provincial Offences Office or to appeal the ticket before the Ontario Court of Justice.

What should I do if I see someone smoking in a park?

You can politely inform the person that smoking is prohibited in municipal parks. If you’re uncomfortable approaching a smoker, you can report the incident to nearby municipal staff or dial 3-1-1 to reach By-law Enforcement.

Why has the smoking prohibition been introduced?

The City of Greater Sudbury is committed to creating and maintaining a Healthy Community. Smoke-free parks help:

  • park users avoid the effects and irritation of second-hand smoke,
  • promote positive role-modeling for children and youth,
  • reduce the amount of litter associated with smoking,
  • protect animals and toddlers from ingesting discarded smoking materials, and
  • address risk of fire from discarded smoking materials.

Are parking lots included in the smoking prohibition?

Yes, parking areas that are included within a municipal park boundary will be smoke-free.

Can I smoke in my car?

Yes, provided you are not in a parking area or roadway within a municipal park boundary and do not have any children under the age of 16 in the vehicle.

Is smoking allowed on sidewalks?

Yes, smoking is allowed on sidewalks outside municipal park boundaries.

Is smoking allowed anywhere outdoors?

Smoking is permitted outdoors unless it is prohibited on private or public property. Effective May 1, 2013, smoking is prohibited in municipal parks. Outdoor smoking is also prohibited within 9 metres of an entrance or exit to any place of public assembly, as described under the Smoke-Free Ontario Act and By-law 2002-300 to Regulate Smoking in Public Places and Workplaces in the City of Greater Sudbury.

Who do I contact if I have more questions about the smoking prohibition?

Please dial 3-1-1 to reach municipal services.