Nelson | British Columbia

Clean Air and Smoking Regulation Bylaw No. 3378, 2017

Smoking, the definition of which includes inhaling, exhaling, burning or carrying a lighted cigarette, electronic cigarette, cigar, pipe, hookah or other lighted or heated smoking equipment that burns tobacco, cannabis or any other weed or substance, is prohibited:

  • Inside a Public Building, including within 7 meters of an entranceway to a Public Building;
  • In a Park – including within a 7 meter buffer zone surrounding the Park;
  • In a Public Municipal Open Space, including within a 7 meter buffer zone surrounding the Public Municipal Open Space;
  • In a City cemetery, including a 7 meter buffer zone surrounding the Cemetery;
  • In a Transit Shelter or a Bus Stop, including a 7 metre buffer zone surrounding the Transit Shelter or Bus Stop;
  • Inside a motor vehicle or equipment owned or leased by the City;
  • In any building, structure, vehicle or any other place that is fully or substantially enclosed, including within 7 meters of an entrance to such building, structure or other enclosed place, andi. is a place to which the public is ordinarily invited or permitted access, either expressly or by implication; whether or not a fee is charged for entry;
    ii. is a workplace;
    iii. is a Transit Shelter or Bus Stop; or
    iv. is a school property as prescribed under the Tobacco and Vapour Products Control Act;
    v. is a health board property as prescribed under the Tobacco and Vapour Products Control Act; or
    vi. is any other entity or property that may be prescribed under the Tobacco and Vapour Products Control Act.

Products Included

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

Definitions

“Cannabis” means cannabis as defined in the Controlled Drugs and Substances Act and includes any products containing cannabis;

“Community Facility” means a building, lands or recreation facility including but not limited to recreation centers, arenas, picnic shelters and other recreation facilities located in a Park or on any other land which the City owns or controls by means of a lease, licence or other legal instrument that is intended for athletic, social, cultural or recreational use by members or visitors to the community;

“Entranceway” includes but is not limited to doorways, anterooms, porticos, verandahs, stairways, air intake systems and windows;

“Park” means any real property or property subject to a right of occupation by the City for the purpose of pleasure, recreation or community uses of the public, including parks, playgrounds, sport courts, natural and landscaped areas, sports fields, trails, walkways and other public places and all improvements and may include beaches, and other public places adjacent to lakes or streams including foreshore or land covered by water; but does not include the travelled portion of a highway;

“Public Building” means a Building or structure on land owned by the City;

“Public Municipal Open Space” means a Park, marina or other outdoor public space which is owned, controlled or operated by the City for the use of the public;

“Smoke” or “Smoking” means to inhale, exhale, burn or carry a lighted cigarette, electronic cigarette, cigar, pipe, hookah or other lighted or heated smoking equipment that burns tobacco, cannabis or any other weed or substance.

Places Smoking Prohibited

Beaches
Doorways, air intakes, operable windows
E-cigarettes (indoors)
E-cigarettes (outdoors)
Enclosed public places
Enclosed workplaces
Transit Shelters/Stops
Waterpipes (indoors)
Waterpipes (outdoors)

Buffer Zones

Doorways, Air Intakes and Operable Windows - Buffer Zone 1-10 m
Parks - Buffer Zone 1-10 m
Transit Shelters/Stops - Buffer Zone 1-10 m

Policy Analysis

This bylaw is considered leading edge for many reasons: it has a broad definition of smoking that includes tobacco and non-tobacco (including cannabis) products, as well as hookah smoking and use of e-cigarettes; it prohibits consumption in all enclosed public places and workplaces; and as well on beaches and at transit stops, among other outdoor areas.

Date Passed: June 23, 2017

Date in Force: June 23, 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.

Bylaw 3378, 2017

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