There could be steeper consequences for smokers in Burnaby.
At a June 28 city council meeting, the City of Burnaby's solicitor was authorized to bring forward a new smoking regulation bylaw that could see tighter restrictions in city parks, city-owned or controlled outdoor public spaces, and business premises.
While provincial standards are set in place, a municipal government has the authority to set stricter standards that meet the needs of the community, including imposing additional regulations for smoking and vaping in indoor and outdoor spaces.
The city says municipalities can also place restrictions on the use of other smoking products that are not covered in the provincial legislation.
At a July 11, 2019, open Burnaby Parks, Recreation and Culture Commission meeting, a notice of motion was received for consideration that smoking of all substances be banned in City of Burnaby parks.
Then, at a city council meeting on Sept. 16, 2019, council adopted a recommendation that they authorize city staff to examine the feasibility and advisability of extending the ban on smoking and vaping of all substances to all public places owned, controlled or operated by the city.
The now-proposed bylaw would ban smoking of all substances in the majority of business premises and city-owned or controlled outdoor public spaces where people commonly and regularly pass, stay, gather and engage in recreation.
Public spaces would currently include parks and areas within higher-density town centres, urban villages and other areas where people gather.
Smoking would be defined as inhaling, exhaling, burning or carrying an activated e-cigarette, lighted cigarette, cigar, pipe, hookah pipe or other lighted smoking device or equipment that burns tobacco, marijuana or other weed or any substance.
"In essence, the vaping or smoking of tobacco, cannabis and other substances in the city will be regulated in accordance with the proposed bylaw," a city report states.
Exceptions to the regulations would be acceptable with approval from the city are as follows:
- Engaging in the ceremonial use or smoking of tobacco or other substance in relation to a traditional aboriginal cultural activity
- Smoking or permitting smoking during a movie production, theatrical or other performance
Hookah lounges would also fall under exemption with valid business licenses.
The following locations are proposed to be exempted under the new "Smoking Regulation Bylaw."
- Lounge Sixty
- Arwaz Hookah Lounge
- Kayan Shisha Hookah Cafe
- Reema's Shisha House
- The Glass Hookah Lounge
- Bula Lounge
- Bloo Bby Restaurant
- Deja Vu Hookah Lounge
- Live Room Cafe
- PMC Hookah Lounge
- Perk and Puff Cafe
If implemented, the new smoking regulation bylaw infractions and penalties would be applied.
- Smoking in park or multi-use path
- Penalty amount - $200
- Discounted penalty (within 15 days) - $160
- Smoking on city bicycle lane, boulevard, crosswalk, sidewalk, walkway or other public space or passageway
- Penalty amount - $200
- Discounted penalty (within 15 days) - $160
- Smoking on city property intended for public or civic use
- Penalty amount - $200
- Discounted penalty (within 15 days) - $160
- Smoking within 6 metres of transit infrastructure
- Penalty amount - $200
- Discounted penalty (within 15 days) - $160
- Individual smoking in a customer service area
- Penalty amount - $200
- Discounted penalty - $160
- Responsible person permitting smoking in customer service area
- Penalty amount - $500
- Discounted penalty (within 15 days) - $400
- Individual smoking in enclosed or substantially enclosed private business premise
- Penalty amount - $200
- Discounted penalty (within 15 days) - $160
- Permitting smoking in enclosed or substantially enclosed business premises
- Penalty amount - $500
- Discounted penalty (within 15 days) - $400
- Failure to post no smoking sign at entrance to customer service area
- Penalty amount - $300
- Discounted penalty (within 15 days) $240
While the plan has been outlined, council can't adopt a bylaw in relation to the protection, promotion or preservation of the health of individuals unless a copy of the bylaw has first been given to B.C. Minister of Health Adrian Dix.
The city also has to consult with the local health authority before the third reading of the bylaw, and must forward a copy showing that consultation was completed with a local health authority.
Council also has to give notice of the bylaw to those who are considered affected by the change to make representations to council.
