The City of Winnipeg has strengthened its smoking bylaw to expand the definition of what constitutes smoking and to include outdoor patios. At its June 12th, 2017 meeting, the Standing Policy Committee on Protection, Community Services and Parks directed city staff to:
- Conduct a cross-jurisdictional review of Canadian municipalities and other Canadian regulatory agencies on prohibitions related to cigarettes, cigars, pipes, e-cigarettes, water pipes, hookahs, and other similar products/devices that generate second-hand smoke on outdoor patios at restaurants and bars;
- Through the Office of Public Engagement, conduct a consultation with the public and stakeholders to determine the level of interest in changing the Outdoor Smoking Bylaw No. 62/2011 as applicable to smoking on outdoor patios at bars and restaurants; and
- Provide appropriate recommendations based on the information obtained in its review and feedback provided through public consultation and report back to the appropriate committee of Council within 180 days.
Bylaw amendment recommendations adopted 22 March 2018 by City Council will:
- Ban smoking on outdoor patios of bars, restaurants and craft breweries;
- Extend the definition of “smoking” to include the use of devices such as e-cigarettes, and smoking non-tobacco substances such as cannabis; and
- Replace the fines currently set out in the By-law with standard set fines that can be enforced through The Municipal By-law Enforcement Act.
The current bylaw prohibits smoking:
- 30 m from athletic fields and outdoor ice rinks (during an organized youth event), including all municipally owned or operated soccer pitches, baseball or softball diamonds, football fields and outdoor hockey rinks; all swimming pools, wading pools, spray pads and spray parks;
- On playgrounds;
- On school property;
- On health care facility property, including all designated hospitals, personal care homes, Access Centres, Breast Health Centre, Winnipeg Birth Centre, Clinic, Mount Carmel Clinic and Pan Am Clinic. Residents of personal care homes are permitted to smoke in designated smoking areas;
- Within 8 m from outdoor entrance ways to health care facilities, City of Winnipeg workplaces and Winnipeg Regional Health Authority workplaces.
Public Service has been directed to report back to the Standing Policy Committee on Protection, Community Services and Parks in two years with a review of the Outdoor Smoking By-law including:
- Considerations for establishing buffer zones around outdoor commercial patios where personal smoking devices generating second hand smoke is prohibited; and
- Advice concerning if prohibitions should be extended to areas where food and drinking are ancillary or incidental to the principal use under occupancy permit.
Products IncludedCannabis, Cigarettes, Cigars, Pipes, Electronic Smoking Devices, Waterpipes
“E-cigarette” has the same meaning as in The Non-Smokers Health Protection and Vapour Products Act;
“Personal smoking devices” includes cigarettes, cigars, pipes, e-cigarettes, water pipes, hookahs and similar devices that allow the user to inhale tobacco, cannabis or any other substances and that generates second-hand smoke when being used;
“Smoking” means the use of a personal smoking device to inhale tobacco, cannabis, or any other substance;
Places Smoking ProhibitedDoorways, air intakes, operable windows
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
Sports and Recreational Fields and Facilities - Buffer Zone 21-30 m
This is leading edge because smoking is prohibited on all health care facility property, including all designated hospitals. However, although smoking is prohibited 30 m from athletic fields and outdoor ice rinks, it is only during organized youth events. Neither of these two exemptions is recommended.
It is also not recommended to include vaping in the definition of smoking, as they are two different activities with different levels of harm to users and bystanders.
Date Passed: May 25, 2011
Date in Force: May 25, 2011
Date Last Amended: April 1, 2018
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.
- By-Law No. 62/2011
- June 12, 2017 Disposition, Standing Policy Committee on Protection, Community Services and Parks
- Council Minutes, 25 January 2018 (Item #4, Minute #173)
- Outdoor Smoking Bylaw Amendments (6 March 2018)
- Council Minutes, 22 March 2018 (Item #3, Minute #274)