Health By-law No. 9535 (consolidated to June 17, 2025)
Vancouver, British Columbia
· No. 9535
· adopted 2007-10-02
· summary & facts
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CITY OF VANCOUVER
BRITISH COLUMBIA
HEALTH BY-LAW NO. 9535
This By-law is printed under and
by authority of the Council of
the City of Vancouver
(Consolidated for convenience only
to June 17, 2025)
TABLE OF CONTENTS
SECTION 1
INTERPRETATION
1.1
Name of By-law
1.2
Definitions
1.3
Table of contents
1.4
Schedules
1.5
Severability
1.6
Duty of administration and enforcement
SECTION 2
HEALTH REGULATIONS
2.1
Ban on certain behaviours
2.2
Ban on smoking
2.3
Enforcement of ban on smoking
2.4
Signs banning smoking
2.5
Sign requirements
2.6
Condition of signs
2.7
Regulation of smoking in parks
2.8
Regulation of smoking in parks
2.9
Ban on pesticides
2.10
Exception to ban on pesticides
SECTION 3
MARINAS
3.1
Definitions
3.2
Marina Supervision
3.3
Potable Water
3.4
No Vessel to Discharge Polluting Substance
3.5
No Marina to Discharge Polluting Substance
3.6
Post Signs
3.7
Vessel Waste Management
3.8
Marina Waste Management
3.9
Marina Maintenance
3.10
Sewage Pump-out Facilities
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SECTION 4
INSPECTIONS
4.1
Inspections
SECTION 5
OFFENCES AND PENALTIES AND ENFORCEMENT
5.1
Order to comply
5.2
Service of order
5.3
Offences under By-law
5.4
Fine for offence
5.5
Fine for continuing offence
SECTION 6
REPEAL AND ENACTMENT
6.1
Repeal
6.2
Force and effect
SCHEDULES
Schedule A - Permitted Pesticides
Schedule B - Davie Village - Jim Deva Plaza
Schedule C - Buildings Exempt from Section 2.2 of this By-law
BY-LAW NO. 9535
A By-law to provide for the care, promotion,
and protection of the health of inhabitants
[Consolidated for convenience only,
amended to include By-law No. 14394
effective June 17, 2025]
THE COUNCIL OF THE CITY OF VANCOUVER, in public meeting, enacts as follows:
SECTION 1
INTERPRETATION
Name of By-law
1.1
The name of this By-law, for citation, is the "Health By-law".
Definitions
1.2
In this By-law:
"building" includes a structure;
"burning" means to produce smoke, vapour or other substances that can be inhaled;
"business" means a business, trade, profession, or other occupation for which a person
must obtain a license under the License By-law;
"common areas" include lobbies, foyers, stairwells, elevators, corridors, cloakrooms,
washrooms, food fair seating areas, and other public areas of a building;
"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 or premises that includes the service of food or alcoholic
drinks to customers or other persons for consumption on site;
"neonicotinoid" means a class of synthetic pesticides derived from nicotine that may be
applied to seeds, soil and foliage including but not limited to imidacloprid, clothiandin,
thiamethoxam, dinotefuran, thiacloprid and acteamiprid;
"premises" means a portion of a building in respect of which a person has exclusive
possession;
"responsible person" means a person who owns, controls, manages, supervises, or
operates:
(a)
a business or other use which occupies all or substantially all of a
building,
(b)
a business or other use which occupies premises,
(c)
common areas, or
(d)
a customer service area,
and, in respect of common areas, includes a strata corporation or cooperative
association, and also means a person who drives a vehicle for hire;
"smoke" or "smoking" includes burning a cigarette or cigar, or burning any substance
using a pipe, hookah pipe, lighted smoking device or electronic smoking device; and
"vehicle for hire" means a vehicle for hire defined in the Vehicles for Hire By-law.
Table of contents
1.3
The table of contents for this By-law is for convenient reference only, and is not for use
in interpreting or enforcing this By-law.
Schedules
1.4
The schedules attached to this By-law form part of this By-law.
Severability
1.5
A decision by a court that any part of this By-law is illegal, void, or unenforceable severs
that part from this By-law, and is not to affect the balance of this By-law.
Duty of administration and enforcement
1.6
The intent of this By-law is to set standards in the general public interest, and not to
impose a duty on the city 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 give to 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 By-law, and the
issuance thereof in error is not to give rise to a cause of action.
SECTION 2
HEALTH REGULATIONS
Ban on certain behaviours
2.1
A person must not expectorate, urinate, or defecate on or in any street or other public
place, except in a location in a public building or facility provided specifically for such purpose.
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Ban on smoking
2.2
A person must not smoke:
(a)
in a building, other than an exempt building listed in Schedule C, except in:
(i)
a dwelling unit or sleeping unit defined under the Zoning and
Development By-law including a dwelling unit in which an owner or
occupier also carries on a business,
(ii)
a hotel or motel room or suite designated for smoking by a responsible
person, or
(iii)
enclosed premises:
(A)
that are not open to the public,
(B)
that are not private clubs or smoking clubs, a purpose of which is
to allow patrons, customers, or other persons to smoke, and
(C)
where the only occupants are the owner or owners of the business
carried on in the premises;
(b)
in a vehicle for hire;
(c)
on public transit including a school bus, passenger bus, ferry, or rapid transit;
(d)
in an enclosed or partially enclosed shelter where people wait to board a vehicle
for hire or public transit;
(e)
within six metres measured on the ground from a point directly below any point of
any opening into any building including any door or window that opens or any air
intake;
(f)
in a customer service area;
(g)
in a plaza identified in heavy black outline in Schedule "B"; and
(h)
within six metres of the perimeter of a customer service area.
Enforcement of ban on smoking
2.3
Except as permitted by section 2.2, a responsible person must not suffer or allow a
person to smoke in:
(a)
a building or customer service area;
(b)
premises or common areas;
(c)
an area described in section 2.2(e) or (g) except to the extent that all or part of
such area is not part of the parcel on which the building or customer service area
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is situate and is not an area over which such responsible person has possession
or control; or
(d)
in a vehicle for hire.
Signs banning smoking
2.4
A responsible person must display, or ensure the display of, a sign at all times:
(a)
at each entrance to a building or customer service area or to premises, or in a
vehicle for hire, where section 2.2 prohibits smoking, stating:
THIS IS A SMOKE FREE ENVIRONMENT - NO SMOKING; and
(b)
on each exterior wall of a building, where section 2.2 prohibits smoking, stating:
SMOKING IS PROHIBITED WITHIN SIX METRES OF OPENINGS INTO THIS
BUILDING INCLUDING DOORS AND WINDOWS THAT OPEN AND ANY AIR
INTAKE.
Sign requirements
2.5
All signs referred to in section 2.4 must:
(a)
include the text "City of Vancouver Health By-law" in letters not less than one
quarter of the height of all other letters on the sign;
(b)
display the international symbol to designate "No Smoking", or, in areas where
smoking is permissible, the international symbol to designate "Smoking
Permitted", which symbol must occupy at least 25% of the size of the sign;
(c)
consist of at least two contrasting colours, except that if the lettering is on a clear
panel then the lettering must contrast to the colour of the background;
(d)
be at least 30 cm by 15 cm except that a sign in a vehicle for hire must be at
least 9 cm by 11 cm;
(e)
be clearly visible; and
(f)
except for the text specified in subsection (a), consist of lettering, whether upper
case or lower case, that is not less than the following heights based upon the
following maximum viewing distances in direct line of sight:
Viewing Distance
Letter Height
Up to 3 m
-
1 cm
Up to 6 m
-
2 cms
Up to 12 m
-
4 cms
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Condition of signs
2.6
A person must not remove, alter, conceal, deface, or destroy any sign required under
this By-law.
Regulation of smoking in parks
2.7
The Board of Parks and Recreation is authorized to enact by-laws to regulate smoking in
parks for the care, promotion and protection of the health of people in parks.
2.8
Sections 2.2, 2.3, 2.4, 2.5 and 2.6 of this By-law do not apply to parks regulated by the
Park Board Smoking Regulation By-law.
Ban on pesticides
2.9
A person must not apply, or suffer or allow the application of, a pesticide:
(a)
that is a neonicotinoid; or
(b)
that is a registered control product under the Pest Control Products Act
(Canada); and
that persons use directly or indirectly to control, destroy, attract, or repel a pest, being:
(i)
an animal, plant, or other organism that is directly or indirectly injurious,
noxious, or troublesome, or
(ii)
an injurious, noxious, or troublesome condition or organic function of an
animal, plant, or other organism, or to mitigate or prevent any injurious,
noxious, or troublesome effects of a pest.
Exception to ban on pesticides
2.10
Despite section 2.9, a person may apply, or suffer or allow the application of, a pesticide
other than a neonicotinoid:
(a)
to disinfect swimming pools, whirlpools, spas, or wading pools;
(b)
to purify water intended for the use of human beings or animals;
(c)
within an enclosed building, being an area closed in by a roof or ceiling and walls
with appropriate openings for ingress or egress equipped with doors which are
kept closed except when actually in use for ingress or egress;
(d)
to control termites;
(e)
to control or destroy a health hazard;
(f)
to control or destroy pests which have caused infestation to property, being the
presence of pests in numbers or under conditions which involve an immediate or
potential risk of substantial loss or damage;
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(g)
to exterminate or repel rodents;
(h)
as a wood preservative;
(i)
as an insecticide bait enclosed by the manufacturer in a plastic or metal
container made in a way that prevents or minimizes access to the bait by human
beings and pets;
(j)
as an insect repellent for personal use; or
(k)
that contains only one or more of the active ingredients set out in Schedule A to
this By-law.
SECTION 3
MARINAS
Definitions
3.1
In this section:
"discharge" means any spilling, leaking, pumping, pouring, emitting, emptying, throwing
or dumping;
"Environmental Protection Officer" means a person employed by the City or appointed
by the Council to enforce all or part of section 3 of this By-law;
"garbage" means solid waste that is not food waste or recyclable material;
"marina" means any installation operated under public or private ownership, which
provides moorage space for vessels;
"marine toilet" means any toilet on or within a vessel;
"oil" means oil of any kind or in any form and, without limiting the generality of the
foregoing, includes petroleum, fuel oil, sludge, oil refuse and oil mixed with wastes;
"polluting substance" means any substance, whether liquid or solid, that is capable of
damaging marine waters or the environment and includes but is not limited to oil,
sewage and solid waste;
"potable water" means water which meets the Guidelines for Canadian Drinking Water
Quality;
"pump-out facility" means a device or method designed for the removal of sewage from a
holding tank connected to a marine toilet or from a self-contained marine toilet, and
includes a portable pumping system;
"recyclable material" means solid waste that has been designated as recyclable by the
City Engineer;
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"vessel" means any boat, hull barge or houseboat which is afloat, whether self-propelled
or not, and includes pleasure, live-aboard and commercial craft; and
"visiting vessel" means a transient or guest vessel docked at a marina without a
moorage agreement, and includes vessels operated by persons seeking day use,
overnight use, or other marina services on a space-as-available basis.
Marina Supervision
3.2
Every owner or operator of a marina shall supervise the operation of the marina and
maintain the operation in conformance with this By-law.
Potable Water
3.3
Potable water supplied to a vessel moored in a marina must be conveyed in such a
manner as to maintain the quality and safety of the water.
No Vessel to Discharge Polluting Substance
3.4
No person, including an owner of a vessel, shall cause, permit or allow the discharge of a
polluting substance from a vessel into a watercourse or other body of water.
No Marina to Discharge Polluting Substance
3.5
No owner or operator of a marina shall cause, permit or allow the discharge of a polluting
substance from marina operations or from any vessel moored at the marina into a watercourse or
other body of water.
Post Signs
3.6
Every marina owner or operator shall post and maintain at least four (4) signs no larger
than 0.2 meters squared in conspicuous locations prohibiting the discharge of sewage, oil and
other polluting substances from a vessel.
Vessel Waste Management
3.7
No person, including an owner of a vessel, shall cause, permit or allow the discharge or
removal of garbage, food waste or recyclable material from any vessel other than into a
garbage, food waste or recycling container.
Marina Waste Management
3.8
No owner or operator of a marina shall cause, permit or allow the discharge or removal of
garbage, food waste or recyclable material from marina operations or from any vessel moored
at the marina other than into a garbage, food waste or recycling container.
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Marina Maintenance
3.9
Every marina owner or operator shall:
(a)
provide containers designed for the collection and disposal of waste oil and
empty oil containers;
(b)
provide an adequate number of covered containers for the collection of garbage,
food waste and recyclable material, and locate the containers conveniently where
they can be readily seen and used;
(c)
make provisions for regular servicing and emptying of waste oil, garbage, food
waste and recycling containers so as to prevent the overflowing of container
contents, foul odors and generation of insects or other pests;
(d)
post and maintain signage in conspicuous locations within the marina identifying
the location of waste oil, garbage, food waste, and recycling containers;
(e)
maintain the marina property and buildings free of pests and of conditions which
attract, provide shelter for or promote the propagation of pests; and
(f)
ensure that all infrastructure, including buildings, docks, floats, gangways, piers
and ramps, is kept in good repair.
Sewage Pump-out Facilities
3.10
Every marina owner or operator providing services to any vessel with a marine toilet
shall provide an easily accessible and operational pump-out facility for visiting vessels and
every other vessel moored at the marina.
SECTION 4
INSPECTIONS
4.1
Inspections
(1)
Any employee of the City employed or appointed to enforce all or part of this By-
law is authorized to inspect, at a reasonable time and in a reasonable manner,
real property and personal property in the City in order to determine compliance
with this By-law.
(2)
No person shall hinder or prevent any authorized person from entering and
making reasonable inspection of any real or personal property whenever
necessary to secure or determine compliance with or prevent a violation of any
provision of this By-law.
(3)
Any person who interferes with or obstructs the entry into any premises or real
property of any person authorized to enforce this By-law after that person has
identified himself or herself, is guilty of an offence under this By-law.
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SECTION 5
OFFENCES AND PENALTIES AND ENFORCEMENT
Notice of violation
5.1
Any person appointed or employed to enforce this By-law may issue an Order to Comply
to any person considered to be violating this By-law, ordering or directing that person to:
(a)
discontinue or refrain from any action which contravenes this By-law, or
(b)
take any action necessary to comply with this By-law;
within such period of time as specified in the Order to Comply.
Service of order
5.2
An Order to Comply may be served:
(a)
by mailing it by registered post to the owner of the applicable site at the address
shown on the real property tax assessment roll;
(b)
by mailing it by registered post to the person who is the addressee of the Order
to Comply;
(c)
by handing it to the person who is the addressee of the Order to Comply; or
(d)
if the Order to Comply refers to property, by posting it on the property.
Offences under By-law
5.3
A person who:
(a)
violates any provision of this By-law, or does any act or thing which violates any
provision of this By-law, or suffers or allows any other person to do any act or
thing which violates any provision of this By-law;
(b)
neglects to do or refrains from doing anything required to be done by any
provision of this By-law; or
(c)
fails to comply, or suffers or allows any other person to fail to comply, with an
order, direction, or notice given under any provision of this By-law;
is guilty of an offence against this By-law, and liable to the penalties imposed under this
Section 5.
Fine for offence
5.4
Every person who commits an offence against this By-law is punishable on conviction by
a fine of not less than $250.00 and not more than $10,000.00 for each offence, except that a
person who commits an offence under section 2.3 or 5.3(c) of this Bylaw is liable to a fine of not
less than $500.00 for each offence.
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Fine for continuing offence
5.5
Every person who commits an offence of a continuing nature against this By-law is liable
to a fine not less than $250.00 and not more than $10,000.00 for each day such offence
continues.
SECTION 6
REPEAL AND ENACTMENT
Repeal
6.1
This By-law repeals By-law No. 6580.
Force and effect
6.2
This By-law is to come into force and take effect on the date of its enactment.
ENACTED by Council this 2nd day of October, 2007
Signed "Sam Sullivan"
Mayor
Signed "Syd Baxter"
City Clerk
SCHEDULE A
PERMITTED PESTICIDES
acetic acid
pesticides in aerosol containers
animal repellents except thiram
pesticides registered under the federal Act for
application to pets
anti-fouling paints
piperonyl butoxide
antisapstain wood preservatives used on
private, industrial land owned by the company
or person responsible for applying the
preservatives
plant growth regulators
asphalt solids used as pruning paints
polybutene bird repellents
bactericides used in petroleum products
pyrethrins
boron compounds
resmethrin
boron compounds with up to 5% copper for
insect control and wood preservation
silica aerogel, also referred to as silica gel,
amorphous silica and amorphous silica gel
capsaicin
silicon dioxide, also referred to as
diatomaceous earth
cleansers
slimicides
corn cellulose
soaps
corn gluten
sulphur, including lime sulphur, sulphide
sulphur and calcium polysulphide
deodorizers
surfactants
d-phenothrin
swimming pool algicides and bactericides
d-trans-allethrin, also referred to as d-cis, trans
allethrin
tetramethrin
fatty acids
thymol
ferric phosphate
wood preservatives
ferrous sulphate
zinc strips
formic acid
Bacillus sphaericus, also referred to as Bs
hard surface disinfectants
Bacillus subtilis
insect repellents
Bacillus thuringiensis var. israelensis, also
referred to as Bti
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insect semiochemicals, including pheromones,
kairomones, attractants and repellents
Bacillus thuringiensis var. kurstaki, also
referred to as Btk
insecticides sold and used in tamper resistant
bait stations
citric acid
kaolin
copper (oxychloride and tribasic only)
laundry additives
FeHEDTA
material preservatives
ferric sodium EDTA
methoprene
garlic
mineral oils for insect and mite control
lactic acid
naphthalene for fabric protection
Phoma macrostoma
n-octyl bicycloheptene dicarboximide
pyriproxyfen
octenol
Sclerotinia minor
oxalic acid
sodium chloride
paradichlorobenzene for fabric protection
spinosad
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SCHEDULE B
Davie Village - Jim Deva Plaza
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SCHEDULE C
BUILDINGS EXEMPT FROM SECTION 2.2 OF THIS BY-LAW
Address:
611 Powell St., Vancouver, B.C.
220 Princess Ave., Vancouver, B.C