This is the exact embedded text of the captured official document.
Snapshot e21e671e4959 · verified 2026-06-08 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
CORPORATION OF THE
DISTRICT OF TOFINO
District of Tofino Smoking and Vaping Regulation Bylaw
No. 1249, 2018
Effective Date - May 22, 2018
District of Tofino Smoking and Vaping Regulation Bylaw No. 1249, 2018
2
DISTRICT OF TOFINO
BYLAW NO. 1249, 2018
A Bylaw to Regulate Smoking and Vaping in District of Tofino Public Spaces
WHEREAS pursuant to the Community Charter and Public Health Bylaws Regulation, a
municipality may, by bylaw, regulate, prohibit and impose requirements in relation to public
health;
AND WHEREAS the District of Tofino has consulted with the medical health officer and it has
been determined that second-hand smoke and vapour constitute a health hazard and nuisance
for persons in public spaces in the District of Tofino;
AND WHEREAS the District of Tofino has deposited a copy of this Bylaw with the Minister of
Health;
NOW THEREFORE the Council of the District of Tofino, in open meeting, enacts as follows:
1. Name
The name of this bylaw for citation purposes is "District of Tofino Smoking and Vaping
Regulation Bylaw No. 1249, 2018."
2. Definitions
"Bylaw Enforcement Officer" means any of the following:
Chief Administrative Officer of the District of Tofino
Bylaw Enforcement Officer of the District of Tofino
Fire Chief/Deputy Fire Chief of the District of Tofino
RCMP Officers
RCMP Auxiliary Officers
or their duly appointed designate
"customer service area" means a partially enclosed or unenclosed area, including a
balcony, patio, yard or sidewalk, that is part of or connected to or associated with a
business or use in a building that includes the service of food or drinks for consumption
on site;
"designated public space" includes outdoor public places were individuals are required
to queue for the receipt of any service and any deck, seating area, viewing area or other
place used in association with a community recreation space;
"community recreation space" includes public skating rinks, sports fields, swimming
pools, playgrounds, trails, beaches, and parks including bike and skate parks;
"outdoor workplace" means any outdoor place in which a person performs services in
return for compensation, including but not limited to construction sites, as well as sites
with flag persons;
District of Tofino Smoking and Vaping Regulation Bylaw No. 1249, 2018
3
"smoke" or "smoking" means to purposely inhale or exhale smoke from or burn or carry,
a lighted cigarette, cigar, pipe, hookah pipe, or other lighted or electronic smoking
paraphernalia that burns or vaporizes tobacco or cannabis or other weed or substance,
but does not apply to the ceremonial use of tobacco in connection with a traditional
indigenous cultural activities.
"transit stop" means bus stops and shelters, taxi stands including water taxi stops, or
similar place marked for passenger loading or unloading.
3. Offenses:
(1) No person shall smoke in, at, on or within 6 meters of any of the following:
(a) A transit stop;
(b) A customer service area;
(c) Any designated public space;
(d) Any community recreation space;
(e) Any outdoor workplace.
(2) No person shall unreasonably obstruct or prevent a Bylaw Enforcement Officer from
carrying out his or her duties as prescribed in this bylaw. The Bylaw Enforcement
Officer is authorized and empowered to inspect, compel and require that all the
regulations and provisions in this bylaw are carried out.
(3) Every person who contravenes any provision of this bylaw, or who suffers or permits
any act or thing to be done in contravention of this bylaw, or who refuses, omits, or
neglects to fulfil, observe, carry out, or perform a duty or obligation imposed by this
bylaw, shall be deemed to have committed an offence against this bylaw and:
(a) shall be liable to a fine set out in the "District of Tofino Municipal Ticket
Information System Bylaw No. 1088, 2009" as amended from time to time; or
(b) shall be liable to a penalty set out in the "District of Tofino Bylaw Notice
Enforcement and Dispute Adjudication System Bylaw No. 1107, 2009" as
amended from time to time; or
(c) shall be liable, upon summary conviction, to the penalties provided under the
"Offence Act" and amendments thereto; or
(d) any combination of 3(3) (a), (b), and (c).
4. Administration and Enforcement
(1) Bylaw Enforcement Officers of the District of Tofino are responsible for the
enforcement and administration of this Bylaw.
(2) The intent of this Bylaw is to set standards of general public interest, and not to impose
a duty on the District of Tofino or its employees to enforce its provisions and:
(a) A failure to administer or enforce its provisions or the incomplete or inadequate
administration or enforcement of its provisions is not to give rise to a cause of
action in favour of any person; and
(b) The grant of any approval or permission or issuance of any permit is not a
representation, warranty or statement of compliance with the Bylaw and the
issuance thereof in error is not to give rise to a cause of action.
District of Tofino Smoking and Vaping Regulation Bylaw No. 1249, 2018
4
5. Severability
If any provision of this Bylaw is held to be invalid by any court of competent jurisdiction, that
provision shall be severed and its severance shall not affect the validity of the remainder of
the Bylaw
6. Repeal
"District of Tofino Smoking Regulation Bylaw No. 1113, 2010" is hereby repealed.
READ A FIRST TIME on May 5, 2018
READ A SECOND TIME on May 5, 2018
READ A THIRD TIME on May 5, 2018
DEPOSITED WITH THE MINISTER OF HEALTH on May 23, 2018
ADOPTED on May 22, 2018
Mayor
Corporate Officer