St. Paul Passes New Smoking Bylaw

With the legalisation of cannabis last week, St. Paul Town Council gave its third and final reading to Bylaw 1253: Smoking Bylaw. The Town’s administration team researched similar bylaws in surrounding communities and municipalities across the province.

The bylaw was originally introduced that the previous Council Meeting on October 11 of this year, where it received a first and second reading.

The definition of smoking in Bylaw 1253 is meant to cover “traditional” smoking, as well as the smoking of cannabis and vaping. It defines smoking as “inhaling, exhaling, burning vaporizing, or having control over a lit cigarette, cigar, or other lit smoking implement designed to burn or heat tobacco, cannabis, or any other substance for the purpose of inhaling or tasting of its smoke or emissions.”

The Smoking Bylaw also states that:

“No person shall smoke in any indoor place to which the public is ordinarily invited or permitted to attend, or in any of the following places:
a. Bingo Hall;
b. Drinking Establishment;
c. Grandstand;
d. Outdoor Public Event (except in designated areas as approved by the Town);
e. Patio;
f. Private Club;
g. Public Building;
h. Public Transportation Vehicle;
i. Sidewalk Café; and
j. Work Place.”

Section 3.4 gives business proprietors the right to request that individuals in violation of this bylaw either extinguish their smoking apparatus or leave the premises. If an individual doesn’t comply with these requests, proprietors may refuse service and inform a peace officer about the individuals non-compliance.

Importantly, Section 3.6 states that “nothing in this Bylaw affects the rights of people respecting traditional spiritual practices or ceremonies.”

This bylaw was created in accordance with Section 7 Municipal Government Act RSA 2000 Chapter M-26, which allows municipalities to create bylaws in relation the “safety, health, and welfare of people; and the protection of people and property; and people, activities, and things, in, on, or near public place or place that is open to the public.”

Council stated that they considered it necessary to expand definitions and impose additional restrictions on smoking, vaping, and cannabis consumption in public areas. The restrictions stated in this bylaw have been created to dissuade behaviour in relation to smoking that could have a negative impact on the enjoyment of public places.

The Bylaw was passed and is effective immediately. The document can be read in its entirety here.