Delta | British Columbia

Bylaw No. 5891, 2001 – A Bylaw to prohibit smoking in certain environments

Smoking prohibited on outdoor patios, except those attached to bars (minors prohibited access). The bylaw’s broad definition of smoking includes other weeds and substances, the smoking of which is also prohibited inside public places and workplaces.

Update: On 5 October 2015, Delta Council approved a draft bylaw that would prohibit smoking and the use of e-cigarettes in all municipal parks and open spaces. The draft states, “No person shall smoke, carry or possess a lit cigarette, cigar or pipe, or burn tobacco in any manner, or use an electronic smoking device, at any wading or swimming pool; within the areas of a municipal park, green belt or natural area, including dog off-leash areas; on the grounds of any municipal recreational facility including skateboard parks; at any beach; at any playground, sports field, access road or parking lot; or on any trail, pathway or linear park.” This record will be updated again once the amendments receive final approval.

Products Included

Cigarettes, Cigars, Pipes, Other Weeds and Substances


“Smoke” or “Smoking” means the inhaling, exhaling, burning or carrying of a lighted cigarette, cigar, pipe or other lighted smoking equipment burning tobacco or any other weed or substance, but does not include smoking by actors as part of a stage or theatrical performance. “Place of employment” means any enclosed indoor place of work other than: (i) a private home which also serves as a place of work, or (ii) a workplace occupied solely by an independent contractor or only by the partners to a partnership, and includes any parts of a commercial establishment used exclusively by the employees of such premises “Place of public assembly” means any building or structure or portion thereof used for the gathering together of persons for the purpose of education, worship, entertainment, recreation, business or amusement, but does not include a casino or private club

Places Smoking Prohibited

Patios - Restaurants

Policy Analysis

This bylaw is considered leading edge, especially since it was passed in 2001, because it includes other weeds and substances. Furthermore, smoking other weeds and substances is also prohibited in public places and workplaces. However, an exemption for smoking in stage productions is not recommended. The bylaw also includes other exemptions that are superseded by the BC Tobacco Control Act.

Date Passed: November 6, 2001

Date in Force:

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: 604-946-4141

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