Edmonton | Alberta

Bylaw 14614, Public Places Bylaw; Bylaw 17004 – Amendment No. 5 to Bylaw 14614 – Public Places Bylaw; Bylaw 17297, Public Places Bylaw Amendment No. 6

Smoking prohibited on patios, within 5 m from a doorway, window or air intake of a building or patio and within 10 m of a playground, seasonal skating rink, skate park, sports field, or water spray park. Smoking is also prohibited within 5 m of bus shelters and rail platforms as they are considered “buildings” as defined in the bylaw. On 3 March 2015, Council passed a bylaw that authorizes the City Manager to designate smoke-free public places as long as signage is posted to that effect. As of 15 April 2015, smoking was prohibited on Churchill Square, a public gathering spot in front of City Hall.

Bylaw 14614 – Public Places Bylaw was amended by Bylaw 17004 to add electronic cigarettes to the definition of smoking. The use of e-cigarettes is prohibited wherever smoking is prohibited, both indoors and outdoors.

The main bylaw was also amended by Bylaw 17297, which includes an exemption to allow people to use an electronic cigarette for the sole purpose of testing it, or sampling products used with the device, before purchase within an electronic cigarettes retail shop.

Products Included

Cigarettes, Cigars, Pipes, Electronic Smoking Devices

Definitions

“Building” means an enclosed or substantially enclosed building or structure and, without limiting the generality of the foregoing, includes any bus shelter or rail platform;

“Electronic cigarette” means a hand-held device containing a liquid that is vaporized and inhaled, and includes but is not limited to electronic cigarettes, e-cigarettes, vaporizer cigarettes, personal vaporizers, and electronic nicotine delivery systems;

“Electronic cigarettes retailer” means a fully enclosed premises where the sole function of the premises is the sale of electronic cigarettes and electronic cigarette products, and for which a valid City business licence has been issued pursuant to Bylaw 13138, Business Licence Bylaw;

“Smoke” or “smoking” means to smoke, hold, or otherwise have control over an ignited tobacco product, or to use, hold, or otherwise have control over an electronic cigarette;

“Tobacco product” means a product manufactured from tobacco and intended to be smoked including but not limited to a cigarette or a cigar;

“Window” means a window that can be opened to admit air.

Places Smoking Prohibited

Doorways, air intakes, operable windows
E-cigarettes (indoors)
E-cigarettes (outdoors)
Patios - Restaurants and Bars
Playgrounds, which may include Splash Pads and Wading Pools
Sports and Recreational Fields and Facilities
Transit Shelters/Stops

Buffer Zones

Doorways, Air Intakes and Operable Windows - Buffer Zone 1-10 m
Patios - Buffer Zone 1-10 m
Playgrounds - Buffer Zone 1-10 m
Sports and Recreational Fields and Facilities - Buffer Zone 1-10 m
Transit Shelters/Stops - Buffer Zone 1-10 m

Policy Analysis

This bylaw is considered leading edge because it prohibits smoking and the use of e-cigarettes within 5 m of a doorway, window or air intake of any public building, transit shelter or restaurant/bar patio. There is an exemption to allow people to test e-cigarettes and related products in a vape shop before purchase.

Date Passed: May 22, 2007

Date in Force: April 1, 2008

Date Last Amended: October 20, 2015

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: 311@edmonton.ca or 780-442-5311

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