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Burnaby council approves fines of up to $500 for smoking offences

Some businesses that include hookah smoking have been grandfathered by new bylaw
Smoking
(via Thinkstock)

The City of Burnaby has a tougher smoking regulation bylaw set to take effect on Jan. 1, 2022.

Burnaby council has approved bylaw that will mean tougher restrictions on smoking cigarettes, tobacco, cannabis, e-cigarettes and vape products in public parks, city-owned or controlled outdoor public spaces, and certain business premises.

The penalties for violating the smoking bylaw will range from $200 to $500.

“Smoking is a significant public health threat linked to more than two dozen diseases and health conditions, including various cancers, heart diseases and respiratory issues,” says a city news release. “The Burnaby Smoking Regulation Bylaw is the result of the city's commitment to protecting the public from the harmful effects of second-hand smoking.”

The new bylaw will restrict smoking in the following public spaces and business premises:

Public Spaces:

  • Lands and facilities owned or leased by the city and intended for public or civic use, except for designated smoking areas.
  • All city parks and multi-use paths.
  • Bicycle lanes, boulevards, crosswalks, sidewalks, walkways, rights of way and other public spaces or passageways located next to a city park or commercial, institutional or other property where the public regularly gather (e.g. schools, places of worship).
  • Within six metres of any public transit facility, including transit stations, bus stops, shelters, benches, poles and signage.

Business Premises:

  • Any enclosed or substantially enclosed area of a business premises that is a workplace or open to the public.
  • Partially enclosed or unenclosed customer service areas where food or beverages are served on-site (e.g. patios, balconies and terraces).

Exceptions are provided in the following cases:

  • Aboriginal ceremonial use or smoking of tobacco or other substances, with the prior permission of the city.
  • Smoking during a movie production, theatrical or other artistic performance, with the prior permission of the city.
  • Smoking of hookah, except tobacco and cannabis, in business premises that existed and had a valid business licence before the smoking bylaw was adopted (these businesses are listed in the bylaw).
  • Business within a residential dwelling that is not open to the public and only with worker(s) who live in the dwelling (e.g. self-employed home-based businesses) 
  • Hotel and motel rooms designated as smoking rooms.