Victoria, Nova Scotia
· adopted 2002-11-18
· summary & facts
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Snapshot 6bf4c72afb13 · verified 2026-09-27 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
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BY-LAW RESPECTING SMOKING
IN THE
MUNICIPALITY OF THE COUNTY OF VICTORIA
WHEREAS the Municipal Government Act authorizes Council to make by-
laws for municipal purposes respecting the health, well being, safety and
protection of persons, public health and safety and to regulate persons,
activities and things in, on or near public places or places open to the public;
AND WHEREAS the Council for the Municipality of the County of
Victoria recognizes exposure to second-hand smoke to be a public health
hazard;
AND WHEREAS Council wishes to protect the public of the Municipality
of the County of Victoria from exposure to second-hand smoke in public
places or places open to the public;
BE IT ENACTED by the Council for the Municipality of the County of
Victoria as follows:
1. This by-law shall be known as By-Law Number and may be
referred to as the Non-Smoking By-Law;
2. This by-law applies throughout the Municipality of the County of
Victoria;
3. This by-law prohibits smoking in public places or places open to the
public in the Municipality of the County of Victoria;
4. In this by-law:
(1)
"drinking establishment" means any lounge, pub, tavern,
cabaret club, or beverage room licensed under the Liquor
Control Act of Nova Scotia;
(2)
"public place" and "place open to the public" means any
building or any portion of any enclosed or partly enclosed
premises intended for public access and use whether for
This electronic version of this By-law is provided by the Clerk of the Municipality of the County of Victoria for your convenience and personal use
only. Formatting of this electronic version may differ from the official, printed version. Where accuracy is critical, please consult the Clerk's office.
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business, commercial, civil, political, travel, religious,
social, educational, entertainment, recreational or like
purpose, and without limiting the generality of the
foregoing, includes lobby, reception area, service area,
hallways, stairwells, elevators, escalators, and public
washrooms;
(3)
"proprietor" means any person who owns, manages,
possesses or controls such building or premises or otherwise
directs the activity conducted in or at such building or
premises, and includes the person identified on the
Assessment Roll for the Municipality of the County of
Victoria as the assessed owner or occupant of the premises
except where the Municipality has been given notice in
writing of a change in ownership or has been provided with
the name of a person identified as having exclusive
possession and control of the premises;
(4)
"reception area" or "service area" means a space used for
receiving or greeting customers, clients or other persons
dealing with a provider of services or goods, and includes
any adjoining area not physically separated by solid walls,
floors and ceilings;
(5)
"restaurant" means an establishment engaged in the sale
and service of food for consumption on the premises, and
includes an interior food court, a sidewalk or patio café, a
licensed dining room or licensed restaurant and a temporary
use of a facility as a restaurant on the occasion of such uses;
(6)
"service line" means an indoor line of two (2) or more
persons awaiting service of any kind, regardless of whether
or not such service involves the exchange of money
including but not limited to sales, provision of information,
transactions or advice, and transfers of money or goods;
(7)
"smoke" or "smoking" includes the possession of a lighted
cigar, cigarette, pipe or any other lighted smoking
equipment;
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(8)
"store" means a building or part of a building, booth, stall
or place used for the purpose of retail or wholesale trade or
services;
5. No person shall smoke in any of the following places:
(1)
any public place or place open to the public, including but
not limited to the following:
a.
any drinking establishment;
b.
any restaurant;
c.
any store;
d.
any business or commercial premises;
e.
any arena, bowling alley, pool hall;
f.
any shopping center or shopping mall;
(2)
any unenclosed areas adjoining any public place;
(3)
within a radius of 5 metres (15 feet) of any public entrance
or air intake to any public place;
(4)
any service counter or reception area in any premises
including unenclosed areas behind such service counters;
(5)
any service line in any premises;
(6)
any elevator, escalator, or stairway which is generally used
by or open to the public;
(7)
any public transportation facilities, including shelters, and
public transportation vehicles with the exception of taxis;
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(8)
any rest room or toilet facilities used by or open to the
public;
(9)
any school bus.
6. The proprietor or person in charge of any place referred to in section 4
of this by-law shall ensure that signage is displayed at the entrance to
and within the place giving reasonable, clear and sufficient notice of
the smoking prohibition.
7. The proprietor or person in charge of any place referred to in section 4
of this by-law shall not permit or cause to be permitted smoking in
such place and shall ensure that any person found smoking is
immediately directed to stop smoking, failing his or her compliance, is
directed to leave place.
8. Any person who fails to comply with a directive given by a proprietor
or employee or agent of the proprietor pursuant to section 6 of this by-
law is guilty of an offence.
9. Any person who violates any section of this by-law is guilty of an
offence and, on summary conviction, is liable to a fine of not less than
one hundred dollars ($100.00) and not more that ten thousand dollars
($10,000.00) for such offence and in default of payment to
imprisonment for a period of not more than ninety (90) days.
10. Every day during which an offence pursuant to this by-law continues
is a separate offence.
11. The Chief Administrative Officer or his or her delegate may serve a
Notice of Violation on any person whom he or she has reasonable
grounds to believe has violated any section of this by-law allowing
that person to pay the sum of $50 to the Municipality of the County of
Victoria within 14 days of date of the Notice to avoid prosecution for
the subject violation.
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This is to certify that the by-law of which
this is a true copy, was duly passed at a duly
called meeting of the Municipal Council of
the Municipality of the County of Victoria
held on the 18th day of November, 2002.
Given under the hand of the Municipal
Clerk and under the Corporate Seal of the
said Municipality this 29th day of November,
2002.
Mr. A. W. (Sandy) Hudson