Gibsons | British Columbia

Bylaw No. 1230, 2016, A Bylaw to regulate smoking within the Town of Gibsons

This bylaw prohibits smoking:

1) in a building, except in:
(a) a dwelling unit other than a dwelling unit in which a business to which employees or the public are invited is carried on therein;
(b) a hotel or motel room or suite designated for smoking by a responsible person;
(c) enclosed premises:
(i) that are not open to the public, and
(ii) where the only occupants are the owner or owners of the business carried on in the premises;

2) in a vehicle for hire;
(a) in any public transit vehicle, including a school bus, passenger bus, water taxi, or ferry;
(b) in or within 7.5 metres of a building, transit stop or transit shelter where people wait to board a vehicle for hire or public transit vehicle, provided that, subject to the other provisions of this Bylaw;

3) within 7.5 metres measured on the ground from a point directly below any opening into any building including any door or window that opens or any air intake.

In addition, a person must not smoke in or within 7.5 metres of:
1) any park, public beaches and public trails;
2) the grounds of any Town building used for public recreation.

Products Included

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

Definitions

“Smoke” or “Smoking” means to inhale, exhale, burn or carry a lighted cigar, cigarette, electronic cigarette, pipe or other lighted smoking equipment that burns or vaporizes tobacco or other weed or substance but does not include the ceremonial use of tobacco in connection with a traditional aboriginal cultural activity;

“Building” means a structure, located on the ground, which is designed, erected, or intended for the support, enclosure, or protection of persons or property. When a structure is separated by party walls located upon lot lines, then each portion of such structure shall be deemed a separate building;

Places Smoking Prohibited

Beaches
Doorways, air intakes, operable windows
E-cigarettes (indoors)
E-cigarettes (outdoors)
Municipal Property
Parks
Patios - Restaurants and Bars
Sports and Recreational Fields and Facilities

Buffer Zones

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

Policy Analysis

This bylaw is considered leading edge by virtue of:

  • Its broad definition of smoking that includes e-cigarettes as well as other weeds and substances;
  • The prohibition on smoking in most buildings;
  • The inclusion of buffer zones around parks, beaches and trails
  • The inclusion of transit shelters and buffer zones around them.

 

Date Passed: October 18, 2016

Date in Force: April 18, 2017

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.

Information on the bylaw

18 October 2016 council minutes

21 June 2016 council minutes

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