Chilliwack | British Columbia

Outdoor Public Spaces Smoking Regulation Bylaw 2015, No. 4138

Smoking (tobacco, other weeds or substances including cannabis, smoking a hookah pipe, using an e-cigarette and any other “oral smoking device”) prohibited:

  • at all parks, including off-leash dog parks, playgrounds and outdoor public spaces,
  • within 15 metres of the entrance to any public pool or ice rink,
  • within 10 metres of a bus stop, and
  • on any trails. Events that take place on City owned or controlled land and City parking lots are also included in the bylaw.

Since one of the goals of the bylaw is to reduce fires, the bylaw also prohibits anyone from littering cigarettes, as well as matches or any other burning substances.

Products Included

Cannabis, Cigarettes, Cigars, Pipes, Electronic Smoking Devices, Other Weeds and Substances, Waterpipes

Definitions

“Bus Stop” means a bus stop zone, designated by curb paint, a bus stop sign or a transit shelter, for the pick-up and drop-off of passengers using the public transit system;

“Bylaw Enforcement Officer” means a person appointed by Council as a Bylaw Enforcement Officer for the City;

“Dog Off-Leash Park” means a park which has been so designated and within which dogs are permitted to run at large;

“Electronic Smoking Device” means a vaporizer or inhalant-type device, or a component of such a device, that contains a power source and heating element designed to heat a substance and produce a vapour intended to be inhaled by the user of the device directly through the mouth;

“Outdoor Public Space” means an outdoor children’s playground, playing field, sports venue, stadium, or sports facility, located on land owned by the City or School District No. 33 and open to the public from time to time for viewing, performing or participating in play, sports activities, competitions or other scheduled and unscheduled events;

“Park” means any real property owned or subject to a right of occupation by the City for the pleasure, recreation or community uses of the public including public parks, playgrounds, public squares, pathways, trails, dikes and other public places and all improvements and shall include all other public areas adjacent to lakes, rivers, streams or land covered by water and City owned or controlled parking lots, but does not include Crown land or the travelled portion of a highway or sidewalk unless Smoking is expressly prohibited under this Bylaw in respect of an area of a highway or sidewalk;

“Playground” means an area owned by the City or School District No. 33 to which the public and particularly children are invited to participate in athletic and recreational activities;

“Public Pool” means the enclosed area of an artificially created body of water that:

  • has a depth of at least 61 cm,
  • is available to the public for swimming, recreational bathing or physiotherapy purposes, either free of charge or for a fee, and
  • is not a commercial pool;

“Smoke or Smoking” means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product intended for inhalation, including hookahs and marijuana, whether natural or synthetic, in any manner or in any form. “Smoking” also includes the use of an Electronic Smoking Device, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking in this Bylaw, but does not include the strictly ceremonial use of tobacco in connection with a traditional Aboriginal cultural activity;

“Trail” means any passage way where the public has access or is invited for the purpose of providing for pedestrian traffic, equestrian traffic, cycling, electric bicycles, wheelchairs or medic chairs;

Places Smoking Prohibited

Beaches
E-cigarettes (outdoors)
Outdoor Events
Parks
Playgrounds, which may include Splash Pads and Wading Pools
Sports and Recreational Fields and Facilities
Trails
Transit Shelters/Stops
Waterpipes (outdoors)

Buffer Zones

Sports and Recreational Fields and Facilities - Buffer Zone 11-20 m
Transit Shelters/Stops - Buffer Zone 1-10 m

Policy Analysis

This is a leading edge bylaw because it includes electronic cigarettes, waterpipes and other weeds and substances, but only outdoors. (Provincial law covers their use indoors.) The bylaw prohibits smoking at outdoor events, on trails and all areas adjacent to water, which would include beaches, as well as within 10 m of public transit stops. The definitions in the bylaw are very broad and comprehensive.

Date Passed: September 1, 2015

Date in Force: October 1, 2015

Date Last Amended:

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 info:

info@chilliwack.com or 604-792-9311

Online Contact

 Bylaw No. 4138

Outdoor Public Spaces Smoking Regulation Bylaw (public information piece)

Background Document to Council by Fraser Health and the Canadian Cancer Society, August 2015

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