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Bylaw No. 2694-2017

Smoking Regulation Bylaw, 2017

Consolidated and printed by authority of the Corporate Officer under section 139 of the Community Charter. Includes amendment bylaws 2882-2018 . Last amended October 15, 2018

Contents
 1 Citation
 2 Interpretation
 3 Smoking regulation
 4 Exemptions specified
 5 Offence and penalties
 6 Repeal
Schedule "A"

WHEREAS, the Community Charter, SBC 2003, Section 8, authorizes the City to, by bylaw, regulate, prohibit or impose requirements in relation to public places and public health, with the approval of the Minister of Health;

AND WHEREAS, Council is concerned about adverse effects from the unregulated use of Smoking products in public places;

AND WHEREAS, Council considers that regulation of Smoking at the entrances to Public Buildings and on, or within, Outdoor Public Spaces, Parks and Youth Parks is desirable for the purpose of protecting the public from the harmful health effects of second-hand smoke and promoting a healthy, clean air environment for the community; and

NOW THEREFORE, the Council of the City of Abbotsford, in open meeting assembled, ENACTS AS FOLLOWS:

Citation

1   Bylaw No. 2694-2017 may be cited as "Smoking Regulation Bylaw, 2017".

Interpretation

2   (a) Schedule "A" contains definitions of terms used in this Bylaw.

(b) Unless otherwise provided in this Bylaw, words and phrases used herein have the same meanings as in the Community Charter, SBC 2003, Local Government Act, RSBC 2015, and Interpretation Act, RSBC 1996, or as the context and circumstances may require.

(c) A reference to a statute refers to a statute of the Province of British Columbia, and a reference to any statute, regulation or bylaw refers to that enactment, as amended or replaced from time to time.

(d) Words in the singular include the plural and gender specific terms include both genders and corporations.

(e) Headings in this Bylaw are for convenience only and must not be construed as defining, or in any way limiting the scope or intent of this Bylaw.

(f) If any part of this Bylaw is held to be invalid by a court of competent jurisdiction, the invalid part is severed and the remainder continues to be valid.

Smoking regulation

3   No person shall Smoke:

(a) inside a Public Building;

(b) within seven (7) metres of an entrance to a Public Building or of any air intake vent or operable window for a Public Building; or

(c) in or upon any Outdoor Public Space, Park or Youth Park.

Exemptions specified

4   This Bylaw does not apply to:

(a) a ceremonial use of tobacco in relation to a traditional Aboriginal cultural activity; or

(b) smoking by actors as part of a stage or theatrical performance.

Offence and penalties

5   Notwithstanding the offence and penalties as provided under the Community Charter or Local Government Act, the following will apply:

(a) a violation of any of the provisions identified in this Bylaw will result in liability for penalties and late payment amounts established in the City's Bylaw Notice Enforcement Bylaw, 2007, and Municipal Ticket Information Bylaw, 2007;

(b) a violation of any of the provisions identified in this Bylaw will be subject to the procedures, restrictions, limits, obligations and rights established in the Bylaw Notice Enforcement Bylaw, 2007, in accordance with the Local Government Bylaw Notice Enforcement Act, SBC 2003, c. 60;

(c) a person who:

(i) contravenes, violates or fails to comply with any provision of this Bylaw;

(ii) suffers or allows any act or thing to be done in contravention or violation of this Bylaw; or

(iii) fails or neglects to do anything required to be done under this Bylaw,

is deemed to have committed an infraction of, or an offence against, this Bylaw; and is liable on summary conviction to a fine of not more than Ten Thousand Dollars ($10,000.00);

(d) each day such infraction is caused, or allowed to continue, constitutes a separate offence;

(e) any person not complying with the provisions of this Bylaw may be refused continued access by the City to any of all Outdoor Public Space, Park or Youth Park; and

(f) where a Bylaw Enforcement Officer, has determined that a person, has violated any provisions of this Bylaw, that person must, when requested, provide their name and address.

Repeal

6   Bylaw No. 1694-2007 cited as "Smoking Regulation Bylaw, 2007", and all amendments are hereby repealed.

READ A FIRST TIME on April 24, 2017 READ A SECOND TIME on April 24, 2017 READ A THIRD TIME on April 24, 2017 DEPOSITED by the Minister of Health on June 9, 2017 ADOPTED on June 26, 2017

Schedule "A"

Definitions

In this Bylaw:

"Bylaw Enforcement Officer" means any person appointed or designated under the City's Bylaw Notice Enforcement Bylaw, 2007, or the Municipal Ticket Information Bylaw, 2007, to enforce the provisions of this Bylaw.

"Cannabis" has the same meaning as in the Cannabis Control and Licensing Act, S.B.C. 2018, c. 29. B/L 2882-2018

"City" means the City of Abbotsford;

"Council" means the Council of the City.

"E-Cigarette" means the following:

(a) a product or device, whether or not it resembles a cigarette, containing an electronic of battery-powered heating element capable of vapourizing an e-substance for inhalation or release into the air; or

(b) a prescribed product or device similar in nature or use to a product or device described in Paragraph (a).

"E-Substance" means a solid, liquid, or gas; that:

(a) on being heated, produces a vapour for use in an e-cigarette, regardless of whether the solid, liquid or gas contains nicotine, and

(b) is not a controlled substance within the meaning of the Controlled Drugs and Substances Act, S.C. 1996.

"Outdoor Public Space" means an outdoor children's playground, playing field, sports venue, stadium, or sports facility, located on land owned by the City, or School District #34, and open to the public from time to time for viewing, performing or participating in play, sports activities, competitions or other scheduled and unscheduled events.

"Park" has the same meaning as defined in the City's Parks Bylaw, 2016.

"Public Building" means a building or structure on land owned by the City, other than a building or structure used for a residential use as designated in the City's Zoning Bylaw, 2014.

"Smoke or Smoking" means to consume, use, burn, smoke or vape Cannabis, a lighted cigarette, cigar, pipe, hookah pipe, Vapour Product or other lighted smoking equipment that burns tobacco, Cannabis or any other plant or substance. B/L 2882-2018

"Vapour Product" means the following:

(a) an E-Cigarette;

(b) an E-Substance; or

(c) a cartridge for, or a component of, an E-Cigarette.

"Youth Park" has the same meaning as defined in the City's Parks Bylaw, 2016.