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G:\3700 - 4699 Legislative and Regulatory Services\3900 Bylaws\20 BYLAWS\814.18 Smoking Regulation Bylaw.docx
DISTRICT OF ELKFORD
BYLAW NO. 814, 2018
A Bylaw for the purpose of regulating smoking within the District of Elkford
Municipal Council of the District of Elkford, in open meeting assembled, enacts as follows:
1. Citation
This Bylaw may be cited as the "District of Elkford Smoking Regulation Bylaw No. 814, 2018".
2. Definitions
In this Bylaw:
Building means any structure used or intended for supporting or sheltering any occupancy.
Bylaw Enforcement Officer means any member of the Royal Canadian Mounted Police, British Columbia
Conservation Officer Service, a Bylaw Enforcement Officer, or any Person appointed by Council to
enforce this Bylaw pursuant to s. 264 of the Community Charter.
Cannabis means cannabis as defined in the Cannabis Control and Licensing Act.
Community Facility means a building, lands, or recreational facility including, but not limited to,
recreation centres, arenas, picnic shelters, cemeteries, or other facilities located in a Park or on any
other land which the District owns or controls by means of a lease, licence, or other legal instrument
that is intended for athletic, social, cultural or recreational use by members or visitors to the
community.
Council means the Mayor and Council of the District of Elkford.
District means the District of Elkford.
Entranceway includes doorways, anterooms, porticos, verandahs, stairways, air intake systems and
windows.
Park means any real property or property subject to a right of occupation by the District for the purpose
of pleasure, recreation, or community uses of the public, including parks, playgrounds, sport courts,
natural and landscaped areas, sports fields, trails, walkways, and other public places and improvements.
Private Property means property owned by non-governmental legal entities.
Public Building means a Building or structure on land owned by the District.
Public Municipal Open Space means a Park or other outdoor public space which is owned, controlled, or
operated by the District for the use of the public.
G:\3700 - 4699 Legislative and Regulatory Services\3900 Bylaws\20 BYLAWS\814.18 Smoking Regulation Bylaw.docx
Smoke or Smoking means to inhale, exhale, burn, or carry a lighted cigarette, electronic cigarette, cigar,
pipe, hookah, vape, or other lighted Smoking equipment that burns tobacco, cannabis or any other
weed or substance.
3. Smoking Prohibitions
3.1 Prohibitions
All Smoking is prohibited:
(a) inside a Public Building, including within six (6) metres of an Entranceway to a Public
Building;
(b) inside indoor Community Facilities, including but not limited to, recreation centres,
arenas or other facilities located in a Park or on any other land which the District owns
or controls by means of a lease, licence, or other legal instrument that is intended for
athletic, social, cultural or recreational use by members or visitors to the community,
including within six (6) metres of an Entranceway to an indoor Community Facility;
(c) inside a motor vehicle or equipment owned or leased by the District.
(d) in any Building, structure, vehicle, or any other place that is fully or substantially
enclosed and
i)
is a place to which the public is ordinarily invited or permitted access, either
expressly or by implication; whether or not a fee is charged for entry;
ii) is a workplace, except in designated smoking areas;
iii) is a Transit Shelter or Bus Stop; or
iv) is a school property as prescribed under the Tobacco and Vapour Products Control
Act and the Cannabis Control and Licensing Act;
v) is a health board property as prescribed under the Tobacco and Vapour Products
Control Act and the Cannabis Control and Licensing Act;
vi) is any other entity or property that may be prescribed under the Tobacco and
Vapour Products Control Act and the Cannabis Control and Licensing Act.
3.2 Exceptions to Smoking Prohibitions
This Bylaw does not apply to a ceremonial use of tobacco in relation to a traditional
Aboriginal cultural activity.
4. Smoking Cannabis Prohibitions
Smoking Cannabis is prohibited in any place within the District other than on Private
Property.
5. Signs
5.1 No Smoking Signs
A no-smoking sign shall state
(a) the phrase "no smoking", or
G:\3700 - 4699 Legislative and Regulatory Services\3900 Bylaws\20 BYLAWS\814.18 Smoking Regulation Bylaw.docx
(b) the following graphic symbol, which shall be a minimum of six (6) centimetres in
diameter and may include the words "District of Elkford Smoking Regulation Bylaw
No. 814, 2018".
5.2 No person shall remove, alter, conceal, deface, write upon, or destroy any sign posted
pursuant to this Bylaw.
5.3 The District shall display a sign in a conspicuous position at all times in the form established
under section 3.1:
(a) at the main entrance to a Public Building;
(b) at the main entrance to an indoor Community Facility.
6. Offence and Penalties
6.1 A person who contravenes the provisions of this Bylaw commits and offence and, on
summary conviction is liable to a fine of not exceeding $2,000.00 and each day such offence
continues or is permitted to continue will constitute a separate offence.
6.2 This Bylaw may be enforced under the District of Elkford Municipal Ticket Information Bylaw
as amended from time to time.
6.3 A Bylaw Enforcement Officer is authorized to enforce this Bylaw and to enter, at all times,
on any day, upon any property within the District if the Bylaw Enforcement Officer has
grounds to believe that the provisions of this Bylaw are not being complied with to ascertain
whether there is compliance with the provisions of this Bylaw.
6.4 No person may obstruct a Bylaw Enforcement Officer in the fulfillment of his or her duties
under this Bylaw.
7. Severability
If any part of the Bylaw is for any reason held to be invalid by the decision of a court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this Bylaw.
8. Repeal
The District of Elkford Smoking Regulation Bylaw No. 599, 1999 and all amendments are hereby
repealed.
G:\3700 - 4699 Legislative and Regulatory Services\3900 Bylaws\20 BYLAWS\814.18 Smoking Regulation Bylaw.docx
Read a first time this 27th day of August, 2018.
Read a second time this 27th day of August, 2018.
Read a third time this 24th day of September, 2018.
Deposited with the Minister of Health this 9th day of October, 2018.
Adopted this 9th day of October, 2018.
Dean McKerracher
Curtis Helgesen
Mayor
Chief Administrative Officer