Regina | Saskatchewan

Bylaw no. 2017-20: The Smoking Bylaw

Regina’s smoking and vaping bylaw was passed 29 May 2017 and comes into force 15 July 2017. A record-breaking 9,400+ surveys were received during the city’s public consultation.

Smoking and vaping are prohibited:

  • In any outdoor seating area (patios);
  • In any City-owned or operated outdoor public place;
  • Within 10 metres outside of any doorway, window or air intake of an enclosed public place;
  • In any enclosed public place (includes outdoor bus shelters).

Nothing in this bylaw prohibits a person from smoking or vaping for the purposes of traditional spiritual or cultural practices or ceremonies, if smoking or vaping is an integral part of the traditional spiritual or cultural practices or ceremonies being carried out with the consent of the owner of that place.

Nothing in this bylaw prohibits a person from vaping for the sole purpose of testing the device, or sampling products used with the device, prior to purchase within a vape retail store.

 

Products Included

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

Definitions

“Enclosed public place” means all or any part of a building or other enclosed place or conveyance to which the public is customarily admitted or invited and includes:
(i) an outdoor bus shelter;
(ii) a public building or facility, including any part of a public building or facility that is rented out for private events;
(iii) a vehicle that:

(A) is used or made available for public transit or as a commercial
vehicle; and
(B) is used to transport members of the public; but only during any period that the vehicle is made available for hire, including any break period;

(iv) a building, enclosed place or facility owned or leased by a private club that restricts admission to members and guests; and
(v) the common areas of a multi-unit residential building;

“Outdoor public event” means any outdoor area of City owned, controlled or operated property including any sidewalk or street, being used for any public event where the public is invited to gather, including but not limited to:
(i) a market, contest, festival, celebration, fair, exhibition or concert; or
(ii) an outdoor public event held on any City property which is leased to a third party; or
(iii) any event for which a City rental or use permit is required;

“Outdoor public place” means any outdoor area of City owned, controlled or operated property that is open to the public or to which the public is customarily admitted or invited, and includes any outdoor recreational facility, utility easement, floodplain or buffer strip but does not include a street or sidewalk except during any outdoor public event, in which case a street or sidewalk being used as part of an outdoor public event is no longer excluded;

“outdoor recreational facility” means any outdoor City owned, controlled or operated playground, athletic field, spray pad, swimming pool, skating rink, skate park, picnic table, picnic shelter, gazebo, off leash area, outdoor exercise facility, running track, open-air stadium or other sports facility, hard surface court or athletic field, golf course, multi-use pathway or park;

“smoke or smoking” means to inhale, exhale, burn, carry or control a lighted cigarette, cigar, pipe, or similar equipment that burns any substance or generates smoke, and includes the use of a hookah pipe, water pipe or bong;

“vape or vaping” means the use of an electronic cigarette, vapourizer, or any other heated smoking equipment used to vaporize any substance whether or not it contains nicotine; and

“vape retail store” means a fully enclosed premises where the sole function of the premises is the sale of electronic cigarettes, vapourizers and other heated smoking equipment.

Places Smoking Prohibited

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

Regina’s bylaw is leading edge for a number of reasons:

  • The definition of smoking is broad and covers other weeds and substances;
  • Smoking and vaping is prohibited in all enclosed environments, not just municipally-owned or operated;
  • Bus shelters are included, including a 10 m buffer zone from shelter entrances;
  • Many outdoor environments where smoke can be concentrated are included, such as patios, and a
    10 m buffer zone around all enclosed public places;
  • Outdoor spaces such as playgrounds and sports facilities and trails are included;
  • Municipal golf courses are included, which is somewhat rare; and
  • An exemption has been made for the testing and teaching of devices in vape shops.

One notable gap is that smoking is permitted in taxis when they are not being used to transport paying customers. As anyone who has ever been in a car where smoking is permitted, they can attest that no amount of air freshener can hide the unmistakable stench of second-hand smoke. And of course, third-hand smoke exposure is an issue in environments with soft surfaces that act like sponges.

Enforcement

For the purpose of enforcement of this Bylaw and sections 324, 325, 326 and 328 of The Cities Act, the following persons are designated officers:
(a) any member of the Regina Police Service;
(b) any person employed by the City of Regina in the following positions:

(i) Manager of Bylaw Enforcement;
(ii) Senior Bylaw Enforcement Officer; and
(iii) Bylaw Enforcement Officer;

(c) any person designated by the City as a Bylaw Enforcement Officer; and
(d) any tobacco enforcement officer appointed under The Tobacco Control Act or any public health officer appointed under The Public Health Act, 1994.

Date Passed: May 29, 2017

Date in Force: July 15, 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

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