Port Coquitlam | British Columbia

Smoking Control Bylaw, 2018, No. 4037

Smoking, the definition of which is broad, is prohibited:

  • Within 7.5 metres of an entrance to a public building or any air intake vent or operable window for a public building;
  • Within 7.5 metres of a transit stop or transit shelter where people wait to board a public transit vehicle;
  • In any City park, sports venue, playground, or outdoor public space;
  • On a City street when used as part of an outdoor public event;
  • In a customer service area; and
  • In a place of assembly.

This bylaw repeals Bylaw No. 3361, City of Port Coquitlam Smoking Control Bylaw, 2002.

Products Included

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

Definitions

“Customer service area” means a partially-enclosed or unenclosed area, including any balcony, patio, yard area, or sidewalk that is part of or connected to a business or use in a building or premises that includes the service of food or beverages (both alcoholic and non-alcoholic) to customers or other individuals for consumption in that area;

“E-cigarette” means:
(a) a product or device, whether or not it resembles a cigarette, containing an electronic or battery-powered heating element capable of vapourizing an e-substance for inhalation or release in the air, or
(b) a prescribed product or device similar in nature or use to a product or device described in paragraph (a)

“E-substance” means a solid, liquid or gas, that:
(a) upon being heated, produces a vapour for use in an e-cigarette, whether or not the solid, liquid or gas contains nicotine; and
(b) is not a controlled substance within the meaning of the Controlled Drugs and Substances Act, S.C 1996.

“Outdoor public space” means any outdoor area owned, controlled, or operated by the City that is open to the public or to which the public is customarily admitted or invited, and includes any:
(a) children’s playground;
(b) playing field, sports venue, stadium, or sports facility;
(c) City trail;
(d) outdoor recreational facility;
(e) utility easement;
(f) City street when used as part of an outdoor public event.

“Outdoor public event” means any public event where the public is invited to gather on any outdoor area of City owned, controlled or operated property, including any park, public square or street, including, but not limited to:
(a) a market, contest, festival, celebration, fair, exhibition or concert;
(b) an outdoor public event on any City owned, controlled or operated property that is leased to a third party; or
(c) any event for which a City rental or use permit is required.

“Park” means any real property owned or occupied by the City for the purpose of pleasure, recreation or community use by the public, including, but not limited to dedicated parks, but does not include any City land leased to a third party;

“Public building” means a building or structure on land owned or occupied by a public body.

“Smoke” or “smoking” means the inhaling, exhaling, burning, or carrying of a lighted cigarette, cigar, pipe, hookah pipe, e-cigarette or other smoking equipment that burns tobacco, cannabis, hops, lettuce, comfrey, motherwort, honeyweed, catnip, lily, sage, wireweed or any other plant, substance or material.

Places Smoking Prohibited

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

Buffer Zones

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

Policy Analysis

This bylaw is considered leading edge for its broad definition of smoking, as well as the number of outdoor places where smoking is prohibited.

However, it is not advisable to include vaping in the definition of smoking, as they are too very different activities with different levels of risk to users and bystanders. A single definition prevents a municipality from being able to separate where smoking is prohibited vs vaping, particularly outdoors.

Date Passed: February 13, 2018

Date in Force: March 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.

Contact: info@portcoquitlam.ca or bylaw@portcoquitlam.ca or 604-927-5411

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