Bylaw 954, A Bylaw to Regulate and Prohibit Smoking in the District of Lake Country

Smoking is prohibited:

• In any Public Space;
• At or within 7.5 metres of any Transit Stop;
• In any Park;
• In any Common Area;
• Within 7.5 metres of any Outdoor Customer Service Area;
• Within 7.5 metres measured on the ground from a point below any point of opening into any building including any doorway, open window or air intake.

Products Included

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

Definitions

“Smoke” or “Smoking” means to inhale, exhale, burn or carry a lighted cigarette, cigar, cigarillo, pipe, hookah pipe, electronic cigarette, or other Smoking equipment, that burns or vaporizes, tobacco, marijuana or any other substance.

“Building” means a structure fully or substantially enclosed with walls and/or roofs, and used for the shelter or accommodation of Persons, animals, chattels or things or any combination thereof.

“Outdoor Customer Service Area” means a part of private or public property located immediately outside of a
restaurant, retail food service, neighbourhood public house or licensed lounge whether partially enclosed or
unenclosed, including a balcony, patio, or yard that is connected to or associated with a Place of Employment or use in a Building or Premises that includes the service of food or beverages, which may include alcoholic drinks, to customers or other Persons for consumption on site.

“Park” means any real property owned or occupied by the District for the purpose of pleasure, recreation or community use by the public, including but not limited to Parks, playgrounds, public squares, pathways and other public places and all improvements, and shall include beaches and other public areas adjacent to lakes or streams but does not include any District land leased to a third party.

“Public Space” means real property or portions thereof owned or operated by the District to which the public is ordinarily invited or permitted to be in or on and includes, but is not limited to, the grounds of public facilities or Buildings, any outdoor gathering place, Parks, playgrounds, sports fields, and the Municipal Hall and the area immediately surrounding it.

Places Smoking Prohibited

Beaches
Doorways, air intakes, operable windows
E-cigarettes (indoors)
E-cigarettes (outdoors)
Municipal Property
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
Patios – Buffer Zone 1-10 m
Transit Shelters/Stops – Buffer Zone 1-10 m

Policy Analysis

This bylaw is considered leading edge for a few reasons:

• The definition of smoking is broad and includes e-cigarettes; marijuana is also explicitly included, presumably in preparation for its eventual legalization
• Smoking is prohibited not just on patios but also within 7.5 m from patios (the new provincial buffer zone is 6 m) as well as from any building (not just municipal) entrance, window or air intake;
• Transit stops with a buffer zone of 7.5 m are also smoke-free

Note that the portion of this bylaw prohibiting smoking/vaping indoors only applies to municipal buildings.

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