Hope, District of | British Columbia

Smoking Control Bylaw No. 1406, 2018

A person must not smoke tobacco, or hold lighted tobacco:

  • In any public building, structure, vehicle or any other place that is fully or substantially enclosed;
  • Within a 6 metre distance from a doorway, window or air intake of a place described above;
  • In specific locations of any municipal park, as follows:
    (i) playground – including a 10 metre buffer zone surrounding the playground;
    (ii) beach – including a 10 metre buffer zone surrounding the beach;
    (iii) playing fields – including a 10 metre buffer zone surrounding the playing fields; or
    (iv) in, on or under an outdoor recreational structure, including but not limited to seating area, grandstand or bleacher.
  • At a Cemetery that the municipality is licensed to maintain;
  • In a transit bus shelter, including a 6 metre buffer zone surrounding the bus shelter; and
  • During an Outdoor Special Event permitted by the District of Hope unless a designated smoking area has been established by the event coordinator and approved by the District of Hope.

No lighted tobacco or other products may be thrown on the ground or out of vehicle windows.

Products Included

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

Definitions

“Fully or substantially enclosed” means places or vehicles that have a roof or other type of covering, and where more than 50% of the “nominal wall space” prevents the air from flowing easily through it.

“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.

Places Smoking Prohibited

Beaches
Cemetaries
Doorways, air intakes, operable windows
E-cigarettes (indoors)
E-cigarettes (outdoors)
Enclosed public places
Enclosed workplaces
Outdoor Events
Playgrounds, which may include Splash Pads and Wading Pools
Sports and Recreational Fields and Facilities
Transit Shelters/Stops
Waterpipes (indoors)
Waterpipes (outdoors)

Buffer Zones

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

Policy Analysis

This bylaw is considered leading edge for a number of reasons, including its broad definition of smoking that includes cannabis, waterpipe smoking, etc. The bylaw also covers areas such as beaches, transit shelters and playgrounds, and provides smoke-free buffer zones around them.

However, it is not recommended to include vaping in the definition of smoking; these are two different activities with different levels of risk for users and bystanders.

Date Passed: January 22, 2018

Date in Force: February 13, 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. 1406

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