The City of St. Albert has updated its smoking bylaw to address electronic smoking devices, prepare for the legalization of marijuana, and remove and/or update various sections of the municipal bylaw to reduce redundancy and ensure consistency with provincial legislation.
Amendments to the Smoking Bylaw include:
Electronic Smoking Devices (ESDs) – The definition has been added to the revised bylaw. Use of ESDs are prohibited in the same manner as smoking. Note that an exemption has been included which permits the testing or sampling of e-cigarette devices at ESD retail locations.
Outdoor Recreational Facilities – The City prohibits smoking within five metres of outdoor pools, playgrounds, seasonal skating rinks, skate parks and sports fields. This prohibition only applies to seasonal skating rinks, skate parks and sports fields while they are being used for their intended purpose.
Outdoor Public Events – Smoking is not permitted on the grounds of an Outdoor Public Event, except in an area reserved for motor vehicle parking, or in an area specifically reserved for smoking by the proprietor of the Outdoor Public Event.
Marijuana use – An adjustment has been made to regulate marijuana use in the same manner as other smoking activity, in anticipation of the legalization of marijuana.
In addition to the above, no person may engage in smoking activity:
(a) at or in any City-owned structural facility;
(b) within a Building;
(c) on a Patio; and
(d) inside a Public Transportation Vehicle.
Products IncludedCannabis, Cigarettes, Cigars, Pipes, Electronic Smoking Devices, Other Weeds and Substances
“Building” means a fully or substantially enclosed structure constructed such that it may accommodate human occupation. A bus shelter shall be considered a building for the purposes of this Bylaw;
“Electronic Smoking Device” means an electronic device used to deliver nicotine, marijuana or other substances to the person inhaling from the device and includes, but is not limited to, an electronic cigarette, vaporizer cigarette, personal vaporizer, cigar, cigarillo, or pipe;
“Lounge” means a place of business, including its Patio, that is open to the public and is governed by a:
(i) “Class A – Minors Prohibited” liquor license; or
(ii) special event liquor license (with a Minors-prohibited endorsement)
as issued in accordance with the Gaming and Liquor Act RSA 2000 cG-1 (and any amending or succeeding legislation). For the purposes of this Bylaw, a place is a Lounge only for those hours during which the license permits the sale and service of liquor and prohibits entry to Minors;
“Outdoor Pool” means an outdoor structure or a partially enclosed structure that contains water which is designated and intended for recreational use, and includes a spray park or wading pool;
“Outdoor Public Event” means an outdoor market, festival or concert;
“Patio” means an outdoor area or structure, including a balcony, that adjoins or is adjacent to a Restaurant or Lounge and is regularly used for the consumption of food and beverages by patrons of the adjoining Restaurant or Lounge;
“Playground” means any kind of structure or collection of structures which is designed and intended for recreational uses such as climbing, swinging, hanging, crawling, jumping, stepping whether over, across, under, through and includes the distinct material in which the structure or apparatus is mounted;
“Seasonal Skating Rink” means an outdoor ice surface that is designed and intended for recreational skating or playing hockey and includes public lakes, ponds and outdoor rinks;
“Skate Park” means an area designed and intended specifically for use of skateboards, in-line skates or similar devices;
“Sports Field” means an area designed and intended for use in a specific sporting event and includes, but is not limited to, a soccer pitch, football field, rugby pitch, baseball diamond, tennis court and similar areas, but does not include golf courses;
“Smoking” means holding or otherwise controlling or using an ignited cigarette, cigar, pipe containing tobacco, marijuana or other product, or an Electronic Smoking Device.
Places Smoking ProhibitedE-cigarettes (indoors)
Patios - Restaurants
Patios - Restaurants and Bars
Playgrounds, which may include Splash Pads and Wading Pools
Sports and Recreational Fields and Facilities
Buffer ZonesDoorways, 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
This bylaw is considered leading edge because of its definition of smoking that includes e-cigarettes as well as marijuana and other weeds and substances; because smoking (and vaping) is prohibited in indoor environments, and because smoking is prohibited during outdoor public events.
Note that the bylaw provides an exemption for the testing/sampling of an e-cigarette (or e-juice) within a vape shop.
Date Passed: May 17, 2004
Date in Force: July 1, 2004
Date Last Amended: May 15, 2017
Leading Edge: Yes
Level of Government: Municipal
Smoke-free Ontario Act Status: Exceeds Smoke-free Ontario Act
Bylaw Under Development? No
Please find contact information related to this bylaw, and links to supporting materials.