Smoke Free Public Places Bylaw

Smoke Free Public Places Bylaw

Smoking tobacco has been normalized over the years and is widely accepted in communities.

Council has directed Administration to align the regulations regarding the smoking of Tobacco with Cannabis within the City of Beaumont. Bylaw 937-19 has received first reading and provides restrictions as to where tobacco may be smoked.

The administration is seeking input from residents on the alignment of Tobacco with Cannabis.


SMOKE FREE PUBLIC PLACES BYLAW 937-19


Bylaw Comparisons


Current Legislation

Proposed Legislation

Was drafted before the Tobacco Reduction Act, and consequently needed to be updated.

Includes an updated scope of definitions: “Electronic Smoking Device”, “Smoking”, “Trail” and “Temporary Residence”

Doesn’t take into account the nuances of smoking, with the changes in technology.

Updates Offences and Penalties and includes a broader range of offences: “proprietor allow Smoking in prohibited area, “Failure to display proper signage”…



Smoking Bylaw Do’s

Smoking Allowed:

  • At a place of Residence or a Temporary Residence;
  • A private vehicle (where a minor is not present);
  • Beyond 6 meters of a(n): Doorway, Window or air intake of a Building.
  • As a resident or patient of a group living facility that is designed as a smoking room; and
  • In a guest room of a hotel, if the room is designed as a smoking room.


Smoking Bylaw Don’ts

Smoking prohibited:
  • Within a Building, other than a Residence or a Temporary Residence;
  • On the grounds of an Outdoor Public Event, except in an area specifically reserved for Smoking by the Proprietor of the Outdoor Public Event;
  • In a Campground, on a Patio, inside a Public Vehicle, at a Playground;
  • In an Open Space, in any Park, at a Seasonal Skating Rink, at a Skate Park;
  • At a Sports Field and on any Trails located within the City.
Additional: No minor shall possess, consume or smoke a tobacco product.Unless an exception applies under this Bylaw, no person may engage in Smoking within 6 meters of a(n): Doorway, Window or air intake of a Building, other than a Residence or a Temporary Residence.


Important Definitions


Smoking
inhaling or exhaling the smoke produced by burning or heating tobacco, cannabis or other product; or
holding or otherwise having control of any device or thing containing lit or heated tobacco, cannabis or other product, including the use or activation of an Electronic Smoking Device;
Electronic Smoking Device
means an electronic device that can be used to deliver nicotine, marijuana, or other substance to the person inhaling from the device and includes, but is not limited to, an electronic cigarette, vaporizer cigarette, personal vaporizer, e-cigar, e-cigarillo or e-pipe;
Tobacco Product
means a product composed in whole or in part of tobacco, including leaves and any extract of tobacco leaves, but does not include any product for use in nicotine replacement therapy
Minor
means a person who is under 18 years of age
Public Space
means all or any part of a building, structure or other enclosed areas to which members of the public have access as of right or by express or implied invitation including:
  • The common area of a multi-unit residential facility, including patios, pools, other recreation areas an enclosed parking garages;
  • A group living facility;
  • An outdoor bus or taxi shelter;
  • Licensed premises;
  • A restaurant including any patios;
  • A hotel;
  • A playground;
  • A park;
  • A skate park, sports field, seasonal skating rink;
  • Any trails located within the City;
  • A public vehicle including a bus, taxi, and other vehicles that are used to transport members of the public.


Current Smoking Restrictions in Alberta


Smoking tobacco has been normalized over the years and is widely accepted in communities.

Council has directed Administration to align the regulations regarding the smoking of Tobacco with Cannabis within the City of Beaumont. Bylaw 937-19 has received first reading and provides restrictions as to where tobacco may be smoked.

The administration is seeking input from residents on the alignment of Tobacco with Cannabis.


SMOKE FREE PUBLIC PLACES BYLAW 937-19


Bylaw Comparisons


Current Legislation

Proposed Legislation

Was drafted before the Tobacco Reduction Act, and consequently needed to be updated.

Includes an updated scope of definitions: “Electronic Smoking Device”, “Smoking”, “Trail” and “Temporary Residence”

Doesn’t take into account the nuances of smoking, with the changes in technology.

Updates Offences and Penalties and includes a broader range of offences: “proprietor allow Smoking in prohibited area, “Failure to display proper signage”…



Smoking Bylaw Do’s

Smoking Allowed:

  • At a place of Residence or a Temporary Residence;
  • A private vehicle (where a minor is not present);
  • Beyond 6 meters of a(n): Doorway, Window or air intake of a Building.
  • As a resident or patient of a group living facility that is designed as a smoking room; and
  • In a guest room of a hotel, if the room is designed as a smoking room.


Smoking Bylaw Don’ts

Smoking prohibited:
  • Within a Building, other than a Residence or a Temporary Residence;
  • On the grounds of an Outdoor Public Event, except in an area specifically reserved for Smoking by the Proprietor of the Outdoor Public Event;
  • In a Campground, on a Patio, inside a Public Vehicle, at a Playground;
  • In an Open Space, in any Park, at a Seasonal Skating Rink, at a Skate Park;
  • At a Sports Field and on any Trails located within the City.
Additional: No minor shall possess, consume or smoke a tobacco product.Unless an exception applies under this Bylaw, no person may engage in Smoking within 6 meters of a(n): Doorway, Window or air intake of a Building, other than a Residence or a Temporary Residence.


Important Definitions


Smoking
inhaling or exhaling the smoke produced by burning or heating tobacco, cannabis or other product; or
holding or otherwise having control of any device or thing containing lit or heated tobacco, cannabis or other product, including the use or activation of an Electronic Smoking Device;
Electronic Smoking Device
means an electronic device that can be used to deliver nicotine, marijuana, or other substance to the person inhaling from the device and includes, but is not limited to, an electronic cigarette, vaporizer cigarette, personal vaporizer, e-cigar, e-cigarillo or e-pipe;
Tobacco Product
means a product composed in whole or in part of tobacco, including leaves and any extract of tobacco leaves, but does not include any product for use in nicotine replacement therapy
Minor
means a person who is under 18 years of age
Public Space
means all or any part of a building, structure or other enclosed areas to which members of the public have access as of right or by express or implied invitation including:
  • The common area of a multi-unit residential facility, including patios, pools, other recreation areas an enclosed parking garages;
  • A group living facility;
  • An outdoor bus or taxi shelter;
  • Licensed premises;
  • A restaurant including any patios;
  • A hotel;
  • A playground;
  • A park;
  • A skate park, sports field, seasonal skating rink;
  • Any trails located within the City;
  • A public vehicle including a bus, taxi, and other vehicles that are used to transport members of the public.


Current Smoking Restrictions in Alberta