Hantsport, Town of | Nova Scotia

Bylaw No. 62, the Protection from Second-hand Smoke By-law

The very broad definition of smoking includes cigarettes, cigars, pipes, waterpipes, e-cigarettes and other weeds and substances.

Smoking is prohibited:

  • In municipally owned or maintained parks, playgrounds, and trails or paths;
  • At outdoor recreational facilities, including sports fields and their related seating areas;
  • Within 9 m of the main entrance to any Town Building;
  • On the grounds of an event on town property that is open to the public, including festivals, markets or concerts;
  • In cemeteries located on town property;
  • On streets along a parade route while the parade is in progress;
  • On streets within a school area designated under the Motor Vehicle Act, except within an enclosed motor vehicle; and
  • Within a 4 m radius of any bus stop.

Products Included

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

Definitions

“Smoke” or “smoking” means to inhale, exhale, burn, or have control over a lighted cigarette, cigar, pipe, hooka pipe, or other lighted smoking implement designed to burn or heat tobacco or any other weed or substance for the purpose of inhaling or tasting of its emissions, but does not include using or having control over nicotine replacement products approved for use by Health Canada.

“Grounds of a town building” means the outdoor part of any lot containing a building owned or leased by the town, and any sidewalk immediately adjacent to the lot.

“Playground” means any park or recreational area designed in part to be used by youth that has play or sports equipment installed or has been designated or landscaped for play or sports activities, or any similar facility located within the town.

“Street” means a public or private street, highway, road, lane, sidewalk thoroughfare, bridge, square and the curbs, gutters, culverts and retaining walls in connection therewith.

“Town property” means real property owned or leased by the town, directly or through the medium of a board or commission and any motor vehicle owned or leased by the Town, directly or through the medium of a board or commission.

Places Smoking Prohibited

Doorways, air intakes, operable windows
E-cigarettes (outdoors)
Municipal Property
Outdoor Events
Parks
Playgrounds, which may include Splash Pads and Wading Pools
Sports and Recreational Fields and Facilities
Streets
Trails
Transit Shelters/Stops

Buffer Zones

Doorways, Air Intakes and Operable Windows - Buffer Zone 1-10 m

Policy Analysis

This is a leading edge, exemplary bylaw, with smoking prohibited in a wide variety of areas, including during on trails, at public events, along parade routes, on streets around schools, at bus stops, and even in town-owned cemeteries.

The definition of smoking is also very broad and makes Hantsport the first municipality in Canada to prohibit the smoking of electronic cigarettes where regular cigarettes are also prohibited outside.

What would strengthen the bylaw is for electronic cigarettes and waterpipes to be prohibited inside–where the real problem lies.

Date Passed: November 5, 2013

Date in Force: November 5, 2013

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: 902-684-3211

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