Hampstead | Quebec

Bylaw No 1019, Bylaw Respecting the Use of Tobacco Products and Other Substances in the Territory of the Town of Hampstead

Tobacco use on all municipal properties is prohibited, including:

  • Parks
  • Streets
  • Sidewalks
  • Municipal vehicles
  • Municipal buildings
  • And land adjacent to such buildings.

“It is forbidden to smoke any tobacco products such as cigarettes, cigars, pipes and all other products or substances, vegetable or chemical, that can be smoked by any instrument.”

“The electronic cigarette is not considered a tobacco product and is exempt from this prohibition; however, provincial regulations continue to apply with respect to restrictions on the use of this product.”

Products Included

Cannabis, Cigarettes, Cigars, Pipes, Other Tobacco Products, Other Weeds and Substances, Waterpipes

Definitions

The bylaw does not provide any definitions.

Places Smoking Prohibited

Beaches
Cemetaries
Municipal Property
Parks
Playgrounds, which may include Splash Pads and Wading Pools
Sidewalks
Sports and Recreational Fields and Facilities
Streets
Trails
Waterpipes (outdoors)

Policy Analysis

This bylaw is considered to be the most restrictive in Canada, as it prohibits tobacco use on all municipal property, including streets and sidewalks. However, it is problematic for a few reasons:

  • The stated intention of the bylaw is to control the use of tobacco products and to protect citizens from second-hand smoke. It is unclear if the municipality intended to prohibit the use of smokeless tobacco on all municipal property; given that there is no danger of second-hand smoke exposure to bystanders with such products, the measure seems rather drastic.
  • With no definitions included in the bylaw, there is a loophole regarding heated tobacco products which are both tobacco products and could be argued to meet the definition of what is considered an electronic cigarette.
  • Section 2 states, “It is forbidden to smoke any tobacco products such as cigarettes, cigars, pipes and all other products or substances, vegetable or chemical, that can be smoked by any instrument.” This section does not specify where smoking is forbidden and could be construed as an outright ban.
  • While the evidence demonstrates that smoke-free spaces can definitely help smokers gain more control over their addiction which can lead to smoking reduction and even cessation, smokers should be permitted to smoke somewhere other than their own homes. This bylaw may work in Hampstead, which sounds like a predominantly bedroom community with no retail stores. However, such restrictions may not work in other larger municipalities that have businesses and more public spaces.

The good news is that the use of electronic cigarettes is exempt from the ban. This is positive: the evidence to date does not demonstrate a risk for bystander second-hand exposure, and their exemption from the ban offers an enticement for smokers to switch.

Enforcement

Members of the Public Security Department of the Town of Hampstead will be responsible for the enforcement of this bylaw.

Date Passed: March 19, 2018

Date in Force: March 19, 2018

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.

Bylaw No. 1019

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