Calgary | Alberta

Bylaw No. 57M92, The Smoking Bylaw, As Amended by Bylaws No. 1M2000, 46M2001, 51M2001, 39M2002, 43M2006, 47M2006, 32M2013 (Consolidated)

Smoking prohibited in Olympic Plaza (an outdoor green space), on all patios and within 3 m of doorways. “Except when on a public sidewalk, no person shall carry or possess a lit cigarette, cigar or pipe, or burn tobacco in any manner within 3 metres of an entrance or exit to a public premises.” NOTE: A notice of motion (NM2007-03) was carried resolving that shisha bars burning only non-tobacco products would be exempt from Calgary’s smoking bylaw. As of August 1, 2013, smoking is prohibited within 5 m of outdoor pools, outdoor skating rinks, playgrounds, skate parks or sports fields.

Products Included

Cigarettes, Cigars, Pipes

Definitions

Smoking is not defined in the bylaw. “Outdoor patio” includes: (a) a public premises where food or beverages are served that is not fully contained within an enclosed building; and (b) an outside extension of an eating or drinking establishment regardless of whether or not it is covered.

Places Smoking Prohibited

Doorways, air intakes, operable windows
Patios - Restaurants and Bars
Playgrounds, which may include Splash Pads and Wading Pools
Sports and Recreational Fields and Facilities

Buffer Zones

Doorways, Air Intakes and Operable Windows - Buffer Zone 1-10 m
Playgrounds - Buffer Zone 1-10 m
Sports and Recreational Fields and Facilities - Buffer Zone 1-10 m

Policy Analysis

This bylaw is technically leading edge because smoking is prohibited within 3 m of all entrances and air intakes of buildings to which the public has access. However, 3 m is not a great enough distance to prevent the smoke from entering the building, creating a nuisance or health hazard for people entering and exiting. At least 7 m is recommended based on outdoor SHS scientific research. Furthermore, confusion may arise in bylaws where there are different buffer zone distances used, i.e., in this case 3 m and 5 m. It is better to standardize the measurements for consistency.

Enforcement

A weakness of the bylaw is its exemption of waterpipes when tobacco is not used in them because this is very difficult to enforce.

Date Passed: January 4, 1993

Date in Force:

Date Last Amended: July 29, 2013

Leading Edge: Yes

Level of Government: Municipal

Smoke-free Ontario Act Status: Exceeds Smoke-free Ontario Act

Bylaw Under Development? No

Supporting Information

Please find contact information related to this bylaw, and links to supporting materials.

Contact: 403-268-2489

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