That the Clerk be requested to prepare a draft copy of a
ncn amok ng by aw for the City based on the
law
passed by the Capital Regional District Counci existing by
—

B.

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That the draft non-smoking bylaw be presented
Committee on April 21, 1986 for d Iscusslons
~

to Coun c

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the draft copy of the by law be revised in accordance
's wishes at its meeting of Apri 21, 1986.
D. That the revised draft copy ot the bylaw be considered
during the next regular open Counci meeting a'ter Apri 21,
1986. At that time the publ ic wil be request d to consider
the draft
C. That

with Counc

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copy of the by law and submit any comments which
they may have.
E. That a summary of the input from the public
regarding the
bylaw be presented to Counci again for
further
I

consideration.

The Committee members also agreed that it Is not
intention
at this time to include the work place in the proposedthenon-smoking
bylaw'r.

Arneil was requested to attend the Council in Committee
meeting of April 21, 1986 to provide expert advice with respect to
this by aw. He tentat ve1 y had agreed to attend subject to
conf rmat on.
i

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ITEM

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—

BUSINESS

NEW

Alderman Farn worth questioned whether or not there are new
developments regard ing the C.P.R. oi spi
which took place
over the East er weekend. T. Chong advised
that
there was not
any further nformati on in addition to the report which was
forwarded to C ouncii on April 2, 1986 regard'ng this incident.
B. T. Chong asked the Committee members whether or not they w ah
to revise the draft copy of the article on recyci ing which wii
be placed in the Commun ity News letter to be dei
at the
end of th is month. The Committee member made noivered
suggestions
regarding any revisions to the draft copy of the article.
The rext meeting is tentatively set for 4:00 p.m., Apri 24, .986.
A.

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MINUTES TAKEN BY:

T

14

Chong,~ ~~~

Assistant City Engineer

NOTE:

Chairman

Minutes not read and adopted by the Committee unti
certi f ed by Committee Chairman 's si gnature.
i

c~ c

~(,iYjX.,k

Mayor and Aldermen

City Administrator
City Clerk
City Fngineer

I

THE

(

CORP'/ ~AT ION OF THE C TY OF
I

ENV IRONMENTAL

PORT cuQU TLAM
I

PROTECTION COMMITTEE MEETING

Thursday, April 3, 't986.
4:00 p.m.
TO

BE HELD

IN COUI'ICIL CHAMBERS
AGENDA

Personnel Present:
l~c.

r/'.Ur, 3

//% c/z4

ec:/'TEM
=,

I: Thursday,
Confirmation of

M

I

n

utes of P rev ious Meeting he Id on

March 20, 1986.

II: Strategy for deal ing with Non-smoking Bylaw Proposai

ITEM

'7

//-

"

~

/ — H-

~ 7/
+

/n "
/

.r

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New

Business

~ C.-- ..."
// u'/Or

c'., t~L

fk 'lJ'~p'-" f'0~ L—

—

/.

c=.=...: '&..

/

/.Hs C.

&'PR
O- ~gag

THE CORPORATION OF THE

CITY OF PORT COQUITLAM

MEMORANDUM

ve
Kirk
City Administrator

TO:

B.

Apr i

s~.

15, 1986

I

T.M. Chong, P.

FROM:

Eng.,
Assistant City Engineer

SUBJECT: Smoking

At

Regulation

Bylaw

the

Proposal

regular Coun c i meeting of February 3, 986, the matter
Smoking Regulation
for the City of Port Coquitlam was
refer red to the Committee Bylaw
for
consideration
that time the Committee have sought the advise ofandDr.discussion. Since
Arneil, Director
of S imon Fraser Hea th Unit,'n this matter.
He
has
supp ied the Commi ftee with a
amount of relevant graciously
Sluch of this material was the voluminous
resuIt of an extensive study documents.
by Dr. Arne
during
the preparation of. a simi lar By lawundertaken
for the
Cap ta Reg iona District on Vancouver Is land.
Appended to this memo
are the following summaries of his
of

a

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A.

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APPENDIX

study;
Summary of Current Canadian

—

I

B.

APPENDIX

.I

—

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D,

APPENDIX
APPENDIX

I

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IV

—

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-

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C~

By laws

Restr iction of
Places.
.Summary of rep i es race ved from 12
c t es
Re:
Enforcement, Comp ance, Prosecut ion,
etc...on
Restriction of smoking in Publ ic P laces.
Summary of 1985 Byl aws in B.C.
Re: Restr ct ion of
smoking in Public Places.

Smoking in Pub( ic

i

—

—

—

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Summary of responses to proposed Smoking
Bylaw for Capital Regional District.

Restriction

Dr. Arneil attended a Committee meeting on
April 3, 1986 to
provide further information on his experiences
with
respect to the
passage
a Smoking Regulatic n Bylaw for
Capital Regional
District. of Duri
'ng t he ensuing discussions, the the
Committee recommended
the fo ow ng strategy for dea ing w th the
passage o', a s m ar '-y aw
in the City:
1. That a draft Smok ing Regu at on
aw for the C ty of Port
Coquitlam be prepared based on the Byexisting
Bylaw adopted by the
Capital Regional District.
2. That the draft Smoking Regulat ion
By aw for the City of Port
Coqu it am be presented to Coun c
in Committee on Apr
21, 1986.
for discussion and revisions if necessary.
I

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APP,

1g9$

3. That the revised

( i f
necessary) draft Smok ng Regu at on By aw be
considered during the next regular open Counci
meeting after Apr
21, 1986. At that time the publ ic wi
be requested to consider
the proposed By aw as wel and to submit any comments to the City
Clerk during the following month.
4. That a summary of the comments from the Public on the proposed
Smoking Regulation Bylaw be presented to Council
and possible incorporation into the proposed Bylaw.for consideration
During the in Committee Council meeting of April 21, 1986 the
Environmental Protection Committee is requesting that
accept
in pr inc i pa
the a foresa d strategy and that the Council
draft
Smoking
Regu ation By law for the City of Port Coquitl am (appended herein
as
APPEND X V) be either accepted as proposed or revised as
Counci
may
wi sh.
After the in Commi ttee meeting c f Apr
21, 1986, it is the
intention of the Committee to forward
the draft Bylaw (with revisions
is necessary) to the next regu a r Counc
meet ing fcr further
i

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discussions.

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Dr. Arn ail will be present at
meeting of April 21, 1986 to
provide further information on this the
based on his previous
subject
experiences.

T.M.

Chovfa(=,~Eng.,

Assistant City Engineer
TMC/k

I

n

Attachments (5)
c.c. City Engineer
Dr. Arnei
S i mon

IIh ill'Il

Iallllll ~ AS
I

F

I

raser Hea th Un t
I

i

APR 3

1986

RiIImi
RI
III

j+lg
I em ~ I ~ m
I@mica

I I'I@IS I I H el

I III

IIIIR

j

weesllselwmms

1 SII I

I S I
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RESTI.
'ION OF SHOE INC IN PUBLIC
CPLAC
SUHMAkr OF CURRENT(85)CANAI)IAN BY-LAWS.

Areas with by-laws contacted
Capital Regional District&Edmontonrcuelph ~ Halifax'amilton.Haple
Saskatoon,Toronto, West Vancouver and Winnipeg were all contacted Ridge Ottawa&Regina,
(some re-contacted).
Copies of the bylaw for each
~

are available,

Retail Stores

Eleven ban smoking to some extent in zetail stores. The
range varies from food stores
displaying foods open to the air to almost all stores.
Designated areas in these stores
are excluded from the ban:
9 exclude rest zooms or offices used by
the, staff
8 exclude lunch counters (but there can be
restrictions there too)
7 exclude restuat'ants (but see remarks
above)
6 exclude hair dressing parlours or barbers
shops

4

exclude staff lounges

etc.

Banks, Financial Institutions, Offices

9 include banks and financial institutions
8 specifically refer to service counters

specifically
4 zefez to reception areas (in toto or in
patt)
5 include mur.icipal offices.
It should be noted none refer to areas other than public areas.
Hospitals etc.
10 restricted smoking in hospitals to some degree
6 lequized permission cf the patients doctor
3 required permission of the hospital authorities
3 required permission of the other patients
1 (Ottawa) stated patients are entitled to
a smoke
8 indicated that smoking areas could be designated free atrsosphere.
in public access

areas.

Places of Public Assembly
10 stated smoking allowed only in designated areas.
7
stated such designated area shall be not more than 50Z of
total area [and in one
(CRD) at least the total area was limited]

Restuarants

mentioned restuarantsz but with a great variation
In some it was voluntary - but whether or not therein approach.
was non-smoking areas must
be indicated. The area set aside
non-smokinp varied from 35X in Edmonton (
raised recently from 15Z) down to for
20X and some indicated contiguity of
the no.&smoking seating. In some it only applied to the lazget.
restuarants (e.g.Tozonto =40)
Reception Areas
5 allowed smoking in designated areas only and
most restricted to less than 50Z
4 did not allow at all (some depending on
size),(some in health care facilities)
11

Elevators 6 Escalators

10 have restrictions on elevators

or eacalatozs

—

Taxicabs
5

in three restzicted to inspected ones

require consent of all passengers plus driver befcze smoking

Buses
11 F'.zbid smoking on school buses
7 Forbid it on municipal buses
2 Forbid it on all buses
1

3

allowed

Forbids it in all public transportation
Forbid it in bus shelters

Service Lines
10 forbid smoking in service lines

?
$
APR
3

Penalties

Nnxirun &ar i..; fznm I?Orrn&'?l,t(OO(r&l,tsnn(II

u&m&m

vc-&

-

~c „ .

~

i
1986

RES...JCTI ON 01'110KING irr PUBLIC
SUMMARY OF

1'L,

.3

REPLIES RECEIVED FROM 12 CITIES

ENFOrrCEMENT,COMPLIANCElPROSECUTIONlETC.

The Municipalities

contacted in Canada re their smoking restriction bylaws werer
Capital Regional Distr'ictlEdmonton,CuelphlHalifax,Hamilton, Maple RidgelOttawalRegina
Saskaroon,Toronto, west Vancouver and Winnipeg. The fo]lowing iss aan aatteemp to
pt
give
a summary of their experience with enforcement, compliance, prosecution
and assorted
problems.
1.

~

ENFORCEMENT

(A).A11 anticipated some difficulties with enforcement but apparently few
azose.
(a). Individuals refuse to identify themselves and disappear (Toronto, Halifax)
(b). Bylaw not being enforced against sraokers as much as it could be (Edmonton)
(c). Some problems but

2.

citizen participation is active (Regina)
(d).Active enforcement not contemplated (Hamilton)
(e). Bylaw was intended to be self regulatory (Hamilton),Some defiance
(f). Some criticism of lack of or difficulties with, enforcement(Winnipeg)
(g). Police p)ace a very low priori'ty on it (Winnipeg).
(h). No real problem documented (Saskatoon,Halifax, Edmonton,CRD,West Vaaaauver)
(i). No bylaw changes r commended (CRD,Guelph,Halifax,Hamilton, Ottawa, Regina)
(Toronto has now included restuarants;Edmonton enlarged non
in re tuarants from 15X to 35X and now includes buses other smoking area
than only
school ones)
(j ). No challenge so far to the bylaw (Regina, Halifax)
(B).Different bodies enforce the bylaw in different areas.
(a). Health Department in Toronto
(b). Partly health Department, partly building inspection in Winnipeg
(c). Partly Health Department, partly police in CRD.
(d). Police morality squad in Ottawa
(e). Police in Halifax
(f). Bylaw Enforcement Officer in West Vancouver
(g). Not specifically stated in others.
(C).Method of enforcement seems similar in the different areas. On
a
visit is made or a courtesy call,a verbal warning is followed ifcomplaint
necessary
by a written ane. S erne to work in view of paucity of prosecutions.
COMPLIANCE'll

seemed to have expected difficulties with compliance but this
seems to be small.
(a}. Fot'esees difficulties if a person fails to stop (Hamilton)
(b). Signs are posted but merchants reluctant to call the police (Halifax)
(c). Not known how well the bylaw is being
(Saskatoon)
(d). Militant nonsmokers aze those most corn implemented
.aining (Edmonton)
(e), Generally well accepted, observed by most,corsplaints and questions are
relatively minor, positive reaction far outweighs the negative (W innipeg
( f ).. Coompliance seems good,but lately seems some more defiance
(Hamilton).
(g). Compliance good and bylaw observed by most (Saskatoon)
(h). Observed by most (Edmonton)
(i). Very few complaints (Guelph).

'.

81$

(j). Still fair number notcomplying with new bylaw (CRD,West Vancouver),
3.PROSECUTION.

Apprehension was expressed in advance over cost and difficulties of prosecutions
but few prosecutions have actually occurred.
(a). Ottawa has had several for signs. Numbers do not reflect total time /3
(b). Toronto has had a total of six. Five in 1978, one in 1983,none since.
(c). Edmonton and Repine have each had one only each (succesful).
(d). Ottawa has had none re smokers.
APR 3
1986
(e). CRD.,Cuelph,Halifax, Hamilton,Saskatoon,West Vancouvez and Winnipep none.

Ijjssii

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1

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(d). The importance of establishing a system
to monitor the bylaw(Saskatoon)
(e) Allow sufficient time
between passage of th e b y 1 aw and
implementation.
The dates when he bylaws came
into
effect
c
in
n
the
e
various
places is as follows: /)
Gyelph passe 77 2/21; Toronto passed
~79 05/14; Ottawa f79Y06/06;
passes(80)/06/26', Hamilton passed (81~/01/OY;
Halifax
Edmonton assed gig01/
as atoon
1
~

V~~o

P

Passed C881'06/29; NinniPeg Passed
(83)09/28; NesrAPR 3
e
0 24; Haule Ridge
/07
pa sed 84/08/?0.

s d 86/03/19; ORO pas" d,8 4
r

R. T..TI

"

.".':

'

VTTTPPPP P-RP '

v..

g

'

*P,

ymRPm

&v'L) C

RP'R

Areas with by"laws.
Butnaby has a very limited bylaw covering food premises
ses on 1 y. Thhe other
th areas with
bylaws are the Capital Regional District Maplee prem
Rid
i ge sn
s d W estt Vancouver.
V
Copies of
the bylaws for each of these three areas at.e attached.
~

Definitions

three bylaws define what is meant by retail
I premi.se
premi.ses,restuarants,place
of public
assembly, service line, reception area, private social
t' t. proprietor although
a fuunction,
are some differences in such definitions. Additionally
there
thee C.R.D.
. .D. defines
fi
Board,
government office, personal service establishment
Bank,
and smo
s k'ing etc. while
hil Maple Ridge
and West Vancouvez define bus district patient n an
car an d service counter.
cere
A] 1

—

P

Retail Shops
PNest Vancouver doss not include retail
Maple
ap e Rid
i ge restricts prohibition to
stores where foodstuffs open to the air shops,
are
Thee C.R.D.
. . . i s much more comprehensive
and includes all (except where only trade is sold.
'n tobac
in
o acco etc.
t .) but
b
does allow for some
designated areas (zest rooms,of'ices used by "taff
a
res
,res
uarants
t andd lunch counters
where smoking can be permitted.
ounters)

'R

Pl'D

P

l

l.

R *

.
* R
Pl R'
smoking area'f not less than 25X of thee total
o a

seats.

'

ese
e . R.D.
. . asks foz a non
a e where
area
h
there aze more than ten

Banks end Government Offices
All three ban smoking at service counters and service
znes rn any bank or frnancial
institution;or municipal office. Two (Maple Ridge and C.R
D)'include
d other government
offices and one (Maple Ridge) also includess service
centres
1'ervrce

in other public offices
All three include service lines in the ban.
Medical Facilities
The C.R.D. leaves it up to the hospital or clinic
't' to designate smoking
auth orities
au
areas, whi:e both Maple Ridge and West Vancouverr c ban
amok'ing in all
n
smo
ll i care and
public access areas but allowing hospital authorities
ri 'es t o d esignate uppatient
to 50Z as smoking
areas - in the case of Maple Ridge the 50X is only
in public access areas while in
West Vancouver it is any area.
Places of Public Assembly
While Maple Ridge and West Vancouver state no
'ng unleess an area is designated
which shall not exceed 50X of the total. the smoking un
C.R.D.
iss muc h more restrictive in that
in the calculation of this 50X area in which smoking
smo ing iis a 11lowedd there
h
is excluded
trom the calculation the seating areas (e.g.
in a theatr
ea re,
) tth e d'is play areas of museuTDs
and azt galleries and areas where the fire
commissioner
bans smoking.

Restuarants
While all three require signs to be posted
whether or not there are non smoking areas, attheethee ennt zance to the restuarant to show
. .
an d W est Vancouver
V
to state that the non smoking area should be at C.R.D
go further
least
25Z o f t h e w h ole, although in
West Vancouver the bylaw only applies
where ther
ere are more t h an thirty seats.

Reception Areas
Only the C.R.D. bylaw mentions reception areas in
genera'nd specifically it state
that smoking is banned if the reception
area
is
smaller
er th an 2BO sq..f t. while in big ez
areas not more than 50X will

be a smoking area.
Elevators,Escalators etc.
All three include elevators and escalators in any build'i
ing (West Vancouver restricts
it to those covered by the Factories Act) while the C.R.D
a 1 so zncludes znszde star s.
Taxicabs
Only the C.R.D. includes taxis and all have to
agree
Cree bef
e ore smoking permitted.
3- 1986
In all three areas .;o smoking is allowed on school
buses Inn ap 1 e r iddge APR

owned oz oper'ated bu es aze

M

included; in C.R.D. all busesI are included.

municpally

~aeSSSIISRRP~

Yzi:

iGLLEG,cl C PACRS AHS

Fr.!.','

'IzIHxo
.

',

ipk,".A SE.. 1/cHY 0.

L

u pK ".IAc

SUHTTATTT OF

.

Ti.I
.....TilT.Ixr,'
c z.lxHoi'ees.)

RESPOHSES TO THE SHOKIHG
RESTRICT]0

(Grouped by Subject ]latter - Updated
t

fy:r".7

/''

CK~

Recognized Ilcalth Hazard:

('Pfty-seven of thc respondents
recognized
chifdrcn

a

hee 1th

',

azar d in

to thc ~ sclvcs, or their
(],4,5,8,9,]1,13,14,]6,23,24,25,26,26a,27,3s,37,40,46,general,
7,
68,70,7].73,74,76,79,84,85,86,90,94,96,98.100,]03,]05,]07,1]0,1]I,I]2,]]4,1]9,]26,1
138 139); one ~ iniaizes it
,!
(45).
h

Contributing to Discoafortz
i fty-three considered it
contributed tn discoafort, 1,2,
(
9, 6, 10,12,1 7, 24,25,27,28,29,33,
CD,46,C7,50,51,52,61,63,64,66,67,68,74 75
36,78,79,82,83,84,86,92,93,98,
110 116 IJ7 118 128 129 ]40 ]LIT
0 ,
0, 4 ); anethcr
th
tvo vezc concerned about
dropped ashes (23,84).

Several additional areas to be
covered vere
t d:: Thc
Th
e varied Froo th
sacking except in ovn hose
' suggeste
oae (70),
and no saoking
an
),
a
in any public place
to specific areas. So ~ e of these
(34,44,48,65,92,95,113)
3
suggestions aig
a I rea d y b e included,
(50), bars and other alcoholic o utl '
.gz lunch
c Counters
et
(7), corridors (58) and school
u
s ou d b e checked
to ~ ake sure. Others are not
in o r
4
but perhaps the coaaents
should be forvarded to the
Aviation Authorities. Others included
Civic
bus shelters
(24,37,40,50,131,138), rest rooa, 50,
r i J.zens ounges 74
a]lcy (73), vork place (5,14,62,85
Ferry terainal !E7),
,
96,100), ferr'
erries (32), hoses for seniors
'
suggested the non-evoking areas
(79).Others
ers
should bc increased to 508
50
in
(5,62);
0,
personal service establisheents
places of public asseablv
(58), zestaurants (58, 62).
Exclusions of those Included:

a't

One

e.:

(31) suggested

recreational Facilities, stores
ores an
and restaurants
re ta
should be excluded: tvo
a so Fcit
vith good ventilation should no t restaurants should be excluded. One
ne (62), felt
e t t h at prcaises
b e exc I u d
o

ers

a

an

ed

F

roa the bylav.

Special eaphasis vas urged
by nine (5,27,31,66,85,92,10C,]1
C,
(
0.1]3z
,
.
, 2)
an hospital areas;
) on vorkplaces:
by three
by nine on bankss (3],CC,
.
chcckouts (77,85,116): thirteen
. 67,. 89,,96,
96, JDD3,109,
,
t irteen on food
129.138), three on
f
stores

(19,40,CC,48,65,77,84,85,89,93,103,106,114));
departaent stores
theatres (6?,ID9); one on taxis
(86,89,96,103,114,]22,129,131,138);
38; tao
axis ((69)'n
tvo on
); one on aeetings (63); by onc
(89); and by thirty-seven on restaurants
on Governsent Build'.n
s
(19,26,30,32,3 C,,3 5,37,48,52,53,62,64,69,7,7
74,78,79,8c,85,86,89,9],92,95,96,97,JDO,i08,1]
4,1]6,122,129,136,138).
Restaurants.
);

nine

on

In contradistinction to thz
thirty-seven vanti'ng gree t er eap e
restaurants, fourr (26a,3],8),133)
ph
is onn non-evoking
p
non- v
a. . .
areas in
felt the
they should
h
bc excluded, and
elt it should be at the operator'sFelt
three sore
re (31,81,1]5 )
discret'
ion,
0
ne
(81)
f
air change criteria, vhilc one
elt al] restaurant» vvould ~ eet
exclusion. Five (35,70,74,77,37) (72) f c I t that ventilation should not be a reason the
f
eIt
for
the bylav should a !
another three (58,62,100) Felt
pp y to all
e t
the no-evoking
n
arcs should be increasse d restaurants, vhile
other (34) felt seeking ssh
ou
up to 50k, and one
on ly. be
b
allo ed .'. area enc.'csee
ventilation. Tvo others g(53,73) ld Felt
nc.'cse
Forceo
e
restaurants
vould vexcoac zz zoo re
ition, vhile one (91) no
prevent unfair coapetnotic
ice d t h at vhere restaurants
do
have
nno
usually sore
smol.in
mo,ingv"

''

.',,

7

c

.'.'...

people in

r
areas,
thc "nn se.okin " ar
there are
e seo e
ree,
ut
arother
199) Felt a trul seel.e fr
bc provided. One (108)
feit
e t thc reek vou
vouldd stay even if saoking
that thc clauses under "Restaurants"
stopped, vhi le onc (92) felt
should be rrevor d e d t o con ora
but retain the ncontiguousv
vith aost other
er cclaus
clause.
eases
e. Hin
ine s t a t e d t h eir reluctance
others evoking (32,52,64,69,73,9?,95,108,129),
to dine out
u
becau
ecause
of
perhaps the restavranteurs shou].d
listen!

Cont'd:

h.P(7,

uxc

')- )()8b

uv'leeeelElea

RESPONSES TO SNOKING RESTRICTION

BYLAN, BY SUBJECT IIAT TER

... Cont'd;

FI9e 2.

Attitudes:
I t is realized attitudes tovards
s ~ oking have
(2), non-4 ~ okers are nov in the
aajority (5, 24, 26a, 33, 34) and they are no changed
lonoer «i]ling to have forced inhalation
(3,33). The ~ atter oF non-ssokers'ights vci e iaportant
98,103,104), and rights of both ssokcrs and non-s to tuel ve (8,11,22,«8,59,66,70,71,72,~ okcrs
~ ust
b. c]early defined, It zs
largely a ~ atter of courtesy (86). Onc (98 felt
to give could be cospared to the cansi dere tion thc considerations 4 ~ okers vou]d be expected
given to the handicapped for parking, or for
seats on the bus, but, «ith sose persons, legislation
is neccessary if disliked (64), as
there accus to be no alternative. One (60) felt
C.R.O. had lost its
in
perspective and charter

proposing this by]a«, vhile to another (45)
it «as offensive to his logic, proportion or
fair play and vc aust accept the bad habits
of
others. Onc
di'Ff ercntiate
r
places ve aust go to froa these vc c]e t to (3!) felt it vas iapo tant t
go to, ln all, forty-onc had
soaething to say about attitudes

(1,2,3,5,8,11,16,22,26,26a,27,30,31,33,34,45,48,49,59,60,64,66,70,71,72,86.92,93,96,98,102,]03.]OI,I06,1]0,117,122,126,129,131,138,140)
Enforcesent:

f'elt that the right ]avs and veil defined
regulations vere needed. Tvo
(2,11) felt the la«s vould be respected, one (80) did
not. One (26a) felt the bylav «ovid be
enforceable, six (22, 80, 81, 97, 1 15. 1 32) sav
difficulties «i th enforcing it (I o« public
i ty, ctc.) Three (34,61. 127) asked that
pri oenforcement should be ensured. One
fines should be higher. One (37) Felt that, as
(62) felt the
an alternat;ve to the by]a«,
there should be
mandatory no evoking areas, vh le tvo others (58,
62) f e It " sso i ng a o«c d«" areas should
set up and all other areas vou]d be nno
be
police It. It «cold take care of itself. evoking". One ( 114) Felt it vou]d not be necessary to
Fi ve (1,2,2 Ba,64,96)

k'l

Saokers:
Onc (77) hoped thc bylav vould
help smokers plus oon-seekers alike. Tvelve
(1,6,10,12,17,25,
26a,29,36,5!,75,78) even suggested saokers sight velcoac
the guidelines ao to vhere they
could ssolrc unaolestcd. Tvo (69,85) Felt suckers
'
«ould
u
no t b c t oo greattl y inconvenienced
pointed out there is no s ~ oking in the nev
lone
Vancouver Stadiua), one other (98) felt
«ould be inconvenienced to soae degree.
s ~ okers
'
Five (3,26a,26,47,7 9) d on 't ain
peop I e stroking in
other places.

Proble ~ s:
Saic prob]eas «ere of course idcntificd,
but not by too sary people. Three
(26,80,81) Felt it
«as not enforceable, and one each
felt it vould not be respected (80), vouid
have only lov
po]ice priorit y ((81!,
!, th ere vo u! d be
ventilation systess tended to be draughtyexpense and difficulties in segregation (7 ) and
(72), and ventilation exclusion (14c) should be
re ~ ovcd (62,72,92). One ((110)) vvondered
vhat the deFinition of a Governaent OFficc
vas.
Ne]coae:

the other hand, sore Felt that snail
businesses vould velcoae the by]av (26a, 82) and
ight also restaurants (53,73) and bankruptcy
so
not usual because of it (26). Even
~ ight vs]core it
ssokers
(1,6,]0,12,]7,25,26a,29,36,51,75,78).
On
~

Assorted:
Nine

(34,50,56,57,5S,62,8i,89,1?]) stated it vas long overdue,
and tvo (26a,53) pointed oui
other cities a e ahead of us. Five (5 26 48,"3
o jecte
to paying health costs For
cookers; end onc each f lt non--saoker
a
definition oF evoking should be broadened should get tax and insuranc ~ breaks ICB), that the
(62,92) an d th a t say 6 e a copy of the
to the nor.-s ~ ol ers rights group
(56). One (10?) Felt private operations cauld bylav b. sent
sheol d be ba..ned in p«Flic areas.
allov it, so

Mf%R!I
!((!il'Nll )
I

No

8',''

Special Cov:entsz

Tvcnty-three,
(]5,]8,20,2],4],42,43,44,54,56,59,83,87,88,89,]ol,]09,120,123,1?C,]25,134,135),
aie no special additional
coasents cxccpt to stair They favoured a
byla

~

flml
"lS ll II11

IC,PR

IISii)
«vs

~l~

'3- 1986

AP PE NO

I

X

U

BYLAW NO,
A

Bylaw for the purpose of
controlling
the places where people may
smoke.

'a

Whereas the approval of the Minist
er o f Hesaith is necessar for
pursuant to Section 692 of the
y
any bylaw adopted
Municipal Acti
And Whereas it has been
determined that second hand to
om i
s ok
ing
cigarettes, cigars and pipes& is a health
discomfort far many inhabitants
al
hazard
or
of th e C't
ity off Port Coquitlam;
And Whereas

'

it is desirable for the health,
sar'eT
n, sar'eTy

of'o t Co itl

Cit

in th'is
I

and wel
we fare of

the inhabitants

ylaw more particularly set out.

Therefore the Counci of
i
open meeting assembled, enacts asThe Cor porat ion of the Cit
of Poet
oct Coquitlam,
y o
Co
Now

I

follows:

In

th i. Bylaw, unless the contex'r otherw
se reqrr
i

(a) NCounci u means the Mun c i pa
I

Coqu i

t am.

(b)

i

I

Counc

i

I

I

i

in

res.

oof Thee C orporation of the
City

of Port

NRetai slop" means a buiidino
of a 6 ui'diing, booth, stal
o
goods are exposed or of fered orforpact
or p lac
ace wher
w
e
sa e b retai
but
a e or b usiness carried on
is that
hat of the custom blending of
tobaccos, or sa
salee oof tob
o accos, pipes, cigacs or
smokers sundries;
(c) NRe..taurantn means any food
premises as def ined in the British
Regulations Governing the Sanitation
Columbia
an d Operation of Food
per manent or tempor ary, fixed or
Prem(ses,
whether
mobile,
in which prepared food is
publ ic in exchange for money or
served to the
services,
or
any place to
access for the purpose of urchas'
the ubli
sing prepared food for humanwhich
premises;
consumption on the
I

I

I

I

I

(d)

t'urpose

"Place of publ ic

assembly" means a bui
ui Id ing
in or portion thereof used
gather 'ng
in t ogc-th er of persons for
for the
ur os of education, worsh
entertainment, reer ea ion, business or the
p,
amusement

t'

trust

an,

sav'inancial

(e)

i

but
where a private social
o ia
fun
unc ion is being held or a , u dooes not include a place
restaurant;
I(Bar,kn 'nc udes credit
union,
corn pany, savings or loan
company or other
institution;
NService linen means an indoor
line or two or mace persons awaiting
any kind, regardless of whether
or not such services involves the services of
money, inc uding but not imi ted
exchange a f
tao, sa les, prov s i on of infocmation,
transactions or advice and transfer
I

I

of money or goods;

lg&

i

YIPeception area" means the
public space
pace use
used b an oof f i ce or estab i
shment for
g or gree inc of customers, cl yients
or oot her persons dealing with
such of f i ce or estab i shment;
I

I

$
I

e ~

I

I

8 I
f

(h)

NGovernment of f iceu means an

ftf

P

I

e o

office of
Govecnment of Cans
(P(t(AE
ri is olumbia, or the
'I'he City of Port
Coqu'tl am;
APR 3

$

1

N==
1

1986

"Private social function"
'
a special
ia socia
eventt for which an entire room
or hal has been reserved, means
at
which
attendance
is
imite
f
inv it e d or designated b the
s
y
-p
onsor
priva e y for the purpose of business,
sales or education f
(j) "Personal services establ ishment»
mea
means
an establishment
t bl'
provides a sarv ce to or on thee bod
in which a
o
o
f
another
y
limited to a barber shop, beauty
person, and includes but nnoi
parlor, health
ea
sspa,
a massage
ma
sauna and steam bath;
parlor, tattoo shop,
I

I

I

I

~

~

,IIIII

'erson

i

lllliI

»Proprietor" means the person who

(k)

uitimatel
a e y con
control
role,
erne o directs the
hin
the
kinds
of premises referredgo too in this
includes the person actually in
is B ylaw
law and
charge thereof;
"
'
"
&Il)»Smoke»
"
or»smoking»
includes the carr in oof a lighted
r ig e smo
cigar,
on wi

'arrying

&

cigarette, pipe or

ing equipment.

Lilljl

2.

RETAIL STORES

(a)

No person shall smoke in
a r eta
shop except in a par t ther eof
restaurant or lunch counter
used as a
use
subject
t
o
S ec t'ion 7; or a rest
retai shop used as offices by members of
room or a p art oof the
the staff;
The proprietor of every retai
ore sshal
a
en
ensure
the signs or si ns as
cri ed by Section 13 hereof store
p rescrib
or
otherwise
erwise
his BBylaw
law permitted shal be
conspicuously posted
e so as t o b e clearly visible byy this
from al par
which Subsection 2(a) applies.
artss o f each floor to
i I

IIIEil

I

NS

(b)

I

I

I

I

3.

PERSONAL SERV IDES

ESTABL SHMENTS
I

t'e

Subject to Subsection 3(b) non-smoking
areas sh'a
be
propr etor of any persona
gnated by the
establ ishment having a des
more than ten (10) persons. services
seating capacity of
The non-smoking areas shall
the total seating capaci1y.
be not less than 25$ of

(a)

i

I

I

i

I

(b)

When a p r oprietor

designates a non-smoking area
r , th e sea ing shall
contiguous to provide a non-smoking
area.

(c)

be arran 9 ed to

The p oprietor of every
sonal sef vices establishment
is men
or signs prescribed b y perSection
all ensure
ensufe that
t
a sign
ec
ion 13 hereof or otherwisesshall
s a
be cons P icuousl y o sted
by this Bylaw per mi tt e d
so as to be clearly visible from
floor to which Subsectionp 3(a) appl
o aal
par t s o f each
ies.
I

I

4.
(a)
(b)

I

BANKS AND GOVERNMENT
OFFICES

No

person shel

I

smoke at an y

service counter in a bank or government

oflice.
oprietor of every bank or government ooffice
ice sshal
a
signs as prescribed
en
ensure that a sign or
e b y Section
ection 13 hereof or otherwise
s a
be conspicuously posted so
by this Bylaw permitted
as to be clearly visible from al
f oor to which Subsection
art s o f each
par
4 a) app es.
The

pr

I

I

I

&

5.

COMMUNITY CARE
N

C

h

II

FACILITIES
k

ANO

I

I

i

HEALTH

CLINICS

portion Ihereof des ignated as aI'Ysmoking I II Y or health clinic except in any
area by the community care facility
health clinic authorities.
or
I

I

APR

gl
3-

1986

(b)

proprietor of every community c re
ity and hea Ith c in ic sha ensure
hat a sign or signs as prescribed byfaciSection
&3 hereof or otherwise
by this
Byl aw permi1 ted sha
be conspicuously posted so as to be clearly
visible from
all parts of each floor to which Subsection 5(a) applies.
The

I

I

6.

I

I

I

I

PLACES OF PUBLIC ASSEMBLY

(a)

Subject to Subsection 6(b&, no persons shall smoke
smo e in an area being
bei
used as place

of public assembly.

(b)

The proprietor of a place of public
50$ of the total floor area of such

(c)

An

assembly may designate an area, not
exceed
place of public assembly as smoking to
area.

area designated in accordance with Subsection (b) shall

not include:

(i) The seating areas in theatres, motion picture theatres,
music halls, lecture
h'
halls
h
II which
include cia ssrooms, concert halls,
swimming pools, indoor sporting areas and libraries; auditoriums, gymnasiums,
(ii) The display areas of museums and art galleries;

(iii) An area in which smoking is prohibited by the Fire Commissioner

or by another
regulation;
and these areas shall not be included in 1 he
calculation of the total floor
law, bylaw or

(d)

proprietor of ever place of
assembly shall ensure that a sign or
signs as prescribed by y Section 13 public
hereof
or otherwise by this Bylaw permitted
shall be conspicuously posted so as to be clearly
visible from all parts of each
floor to which Subsection 6(a) applies .

7.

RESTAURANTS

(a)

The proprietor of a restaurant

The

shall display in a conspi cuous place so as to be
visible to persons at the entrance
to
restaurant a sign or signs indicating
whether or not a non-smoking sec1ion is the
provided in the restaurant. The sign or
signs shall consist of two contrasting colours, or if the
lettering is 1o be
applied directly to a surface or to be mounted on a c lear panel,
the lettering
shall contrast to the background colour with capital letters
having an

height of not less than 5.1 centimetres (2 inches&.
carry one of the following texts:

The

actual
sign or signs shall

SMOKING AND NON-SMOKING SEATING
AVAI LAB( Er
NO NON-SMOKING

SEATING, or

NON-SMOKING SEATING ONLY

(b)

Subject to Subsection (d)(i& the proprietor of a restaurant
may designate nonareas in the restaurant;

smoking

(c)

Included in the text at the bottom of each sign "The
Corporation of the City of
Port Coquitiam Bylaw No.

APP 3

1986

a+mill

&d )

Where a non-smoking area

is designated:

(i) The non-smoxing area shal!

be not less than twenty-five percentum
(25$ ) of
the total seating capacity of
the restaurant;

(ii) The non-smoking area shall have the seating arranged so
as to be contiguous
to provide a non-smoking area;
'( iii) The propr e1 or of every restaurant
ensure that the sign or signs as
prescribed by Subsection (a) hereof she
or other wise by this Bylaw permitted
shall be conspicuously posted so as to be clearly visible from
all parts of
each floor to which Subsection 7(d) applies.
i

I

8.

I

RECEPTION AREAS

(a) Except as provided in Subsection (b), no
person

area.

shall smoke in a reception

(b) The proprietor may designate an area of not
less than i3 square metres ( 140
square feet) and not more than fifty percentum
&50$ ) of the floor area of the
reception area for the purpose

of smoking.

(c) The proprietor of every reception area shall

that a sign or signs as
prescribed by Section 13 hereof or otherwise ensure
this
by
Bylaw permitted shall be
conspicuously posted so as to be
to which Subsection 8(a) applies. clearly visible from all parts of each floor

9.

ELEVATORS, ESCALATORS AND INSIDE STAIRWAYS

(a) No person shall smoke in an elevator, an escalator,
or on an inside stairway
In any building.
(b) The proprietor of every building or any building

part thereof shall
ensure
that a sign or signs as prescribed by Section 13 orhereof
'
or oth rwis
th'

by
is
8 y aw permitted sha
be conspicuously posted so as to
apply clearly to the
areas regulated by Subsection
9(a).
I

10.

I

I

TAXICABS

(a) No person shall smoke in a taxicab, except with the
consent of all passengers
and the driver of the taxicab.
&b)

11.

The proprietor in any taxicab to which Section
10(a) applies shall ensure
th at a sign or signs as prescribed
by Section 13 hereof or otherwise
permitted by this Bylaw shall be conspicuously posted so as to
be clearly
visible from all parts of the taxicab.

BUSES

No person

12.

shall smoke on a school or public bus.

SERVICES LINES
No person

shall smoke in any indoor service line on any premises.

AvR 3- 1&)86

13-

SIGNS

(a) For the purpose of Subsection (b) hereof
height of the letter regardless of whether th'te "I ettt er height" means the actual
er
is a capital or lower case letter.
'
( b) Whereb y a Section o
this Bylaw is to be in accordance with th'
sign shall:
ec ion, such
(i& Carr v the text nNo
Smokin g " , in capital cr lower
comb n at i on thereo f .
case letters or a
Consist of two (2) contrasting colours
rec y o a sur f ace or to be mounted or if tl..e e tt ering is to be app ed
on a c ear panel, thee letter
conlrast to the background
e ering
in shall
colour.
(iii) With respect to size of lettering
too b e no t ess than the fol lowing
based upon the maximum viewing 'ng,
g hei g ht
distance in iree ine of
sight for:
A. Three (3) metres (10 feet)
or less I letter h eig
o f 2..5 centimetres
inch).
i

t's

i

i

i

I

'' 't

I

i

I

I

B. 6.1 metres &20

feet) or less, letter height of 5.1
centimetres

C. 12.2 metres (40

inches).

(2

inches).

feet) or less, letter hei
eig ht oof 7.6
.
centimetres

(3

D.

24.4 metres (80 feet) or
inches) .

less, letter hei
eig ht oof 10.2
.
centimetr es (4

E.

48.8 metres (160 feet) or

less, letter height of 15.2
.
cen t'imetres

F. 73.1
i

&c)

( I

metres &240 feet) or less,

nches) .

&6

letter heiig ht oof 20.32
.
e
centimetres
(8

Include in the text at the bottom of
each

sign nCit of Port Co uitlam
Penalt y
in letters not less than 1.3
height for signs with letter
I/2 inch) in
size of 2 .5 centimetres (I centimetres
inch&, and not less than
one-quarter of the height of the
letters on all other sizes
of le ter
(d) Notwithstanding the provisions of
(aa ) , one c f 16 e following
symbols may be used to indicate Subsection
graphic
nno smoking are as ".. E ac h
the text "City of Port
sym b ol shall include
Coquit
am Bylaw No.
Maximum Penalty $
letters and figures at least five percentum
u
.
(5$ of th e d'iame er o f the circle in
th e symbol and there
in
may be added appropriate s mboo la
s,
suc
h as
arrows. Anny such symbol
irectional
s
be on a white background with
interdictory stroke in red,shall
a circle and
with
a cigarette, letters and
provided such symbol complies with the
figures
other provisions of this Section. in black,
Maximum

&

I

d'm

&

&samples of symbols as per above
specifications to be

inserted)

(%I118

)

jiiiiii
el 15'IFEI
P151i
,

I i

115

INI li il I II

Jm ii f "J

Nial

I

L

APR 3

1986

(e) With respect to size

of

th e graphic s mbo,'he
referred
'
'
to
ln
8
b
t'
on (d) hereof shall ameter of the cl rc e an
a d th e
&I
be not
h
)
cr 'b e d b claw, based
d'
'
II
u
on
f

sYmbol

i

I

i

I

&i) 3 metres &10

feet) or ss, 10.2
.
centimetres
metres (20 f eet) orless
less, 15.2 centiimetres(4 (6inches).
&iii) 12.2 metres &40 f eet)
inches).
or less, 20.32 centimetres
(iv) 24.4 metre
c
r es (80 f.
(8 inches).
eet)
or
less,
s,
20.32
.
(v) 48.8 metres (160 f
ce
centimetres
(8 inches).
eet) or less, 40.6 cent'metres
(vi) 73.1 metres (240 feet)
(16 inches)
ee or less,

cent'.1

(ii)

61 centimetres
(24 inches).
(f) Notwithstanding that the
'
symb
b
include a 'ighted cigar ciym o in Subsection
cigare
arett e, pipe or (d) hereof
I

I

i

14.

GENERAL

&a) In

other lighted smoking
equipment.

hotdd

ever Y area where smoking

is not per mitted under
thi
continue to p ost a sufficient
prescribed in Section 13 prominently
number of signs as
all points to which such n o
displa ed soo as to be clearly
I
smo ki ng applies. y
visible fro m
(b) Where a smokfn g areaa has
sign or signs "smoking in been designated underr this
this
is ' area only". Where isan 8 ylaw, such area aha
bear a
ki
h II b
ar a
itt
e
in
s
hat
di
area,
and'uch
d
I
o
to
visible from all oint si t
d
rh si ns shallb oc ea1 y I.i.h
p y wi
th requirements in
the
(iii) .
Subsection 13(b)(i i) and
(c) This 8 Y law shall not
apply to a private social
function.
h

t

II

an

I

I

I

15.

i I

'b

I

i

OFF ENCES

(a) The proprietor of any
premises to which this 8
sign or signs
aw appl
a
y law
ies shaf ensure that
in ec ion 13 hereof
Bylaw she
the
be prominently
or
otherwise
e
displayed so as too bee clearly e wise permitted
by this
visible to persons.
(b) Any propr ietor who
fails
or
neglects
to pperform
Subsection (a)
rm
e guilty of an offencethe duty imposed upon him b y
not more than $
and ia e to a
penalty of
(c) No person shel smoke in
any place or ar
area
this Bylaw.
ea desi
esignated
n
as
I

i I

I'f

I

a non-smoking

16.

~,el
I~
I

II!

17.

area under

PENALTY

Any person who
th e
and, on summary contravenes
of this
'
law
aw is guilty of an
convictio
'on, 'is provisions
iable to a fine of 8nyot
offence
more than $
less than $ 25.00 and
r
1e
irst
offence;
than $
and
not
leesss than $ 75.00 and not not
for the second
c n ooff ence; and not
more
$
less thann $ 150.0
for the third and
. 0 and not more
subsequent offence.
than
Th is Bylaw may be
T
cited as thee RCit
ity of Port
)986, No.
Por Coquit 1am Smoking
I

Contr oi Bylaw I

—
1

O'

III Jl

xiii'Ij
jmmii'%II

~

III
I 1III%
I&

&I,I llfm

I@ijal
RRI ~ IR5
II)l 111
RRR R n RRR
~n

.R

jj

IIIR:

1

Mun.Bylaw Smoking

APR

3

1986