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Smoking and Your Health

BYLAW NO. 10167

THE SMOKING BYLAW


THE COUNCIL OF THE CITY OF REGINA ENACTS AS FOLLOWS:

  1. The authority for this Bylaw is The Public Health Act, 1994, in particular s. 48 and The Urban Municipality Act, 1984, in particular s. 142.

  2. In this Bylaw:

    "Act" means The Urban Municipality Act, 1984.

    "bar" means a premises:

    1. where beverage alcohol is sold to the public for consumption on that premises; and

    2. which does not have an endorsement on its liquor permit issued pursuant to The Alcohol Control Regulations, 1994, to allow minors to be present on the premises.

    "bingo premises" means a premises where bingo is played once or more times per week, and at which time the premises is primarily used for the conduct of bingo.

    "care home" means a special-care home as defined in The Housing and Special-care Homes Act; a residential-service facility as defined in The Residential Services Act; and the Wascana Rehabilitation Centre.

    "casino" means a casino regulated pursuant to The Saskatchewan Gaming Corporation Act.

    "child care facility" means a facility engaged in the practice of providing care for children, including but not limited to: day care centres; nurseries; pre-schools; and private residences during the hours and in the portion of the residence when it is being used as a business for the purpose of providing care for children.

    "personal service establishment" means a premises where the public can obtain personal services including but not limited to: barber shops; esthetic services; hair salons; laundromats; tanning salons; and tailor shops.

    "public place" means any enclosed place to which the public has access in the normal course of business, by right or by invitation, expressed or implied, including, but not limited to: business offices; child care facilities; common areas; educational institutions; health care facilities; libraries; galleries; personal service establishments; professional offices; public rest rooms; public transportation vehicles; service lines; shopping areas; sport arenas; and theatres.

    "public transportation vehicle" means any vehicle used for the transportation of the public for hire, including but not limited to: paratransit vehicles, transit buses; taxis; and limousines.

    "racetrack premises" means the premises where a person may view racetrack events.

    "restaurant" means a premises where food or drink is offered for sale to the public for consumption at the premises, or elsewhere, including but not limited to: cafeterias, coffee shops, diners, dining room and lunch bar, but does not include a bar.

    "smoke" means the holding, or the inhaling of the smoke, of any lighted cigarette, cigar, pipe or other device used for smoking.

    "special use premises" means the area of a premises where alcohol may be served in a facility where:

    1. the primary purpose of the premises is to provide sport activities; and

    2. admission to the facility is limited to persons who have paid a fee to engage in the sport or are spectators of the sport;

      which facilities include, but are not limited to: billiard parlours; bowling alleys; curling rinks; golf clubhouses; and racquet courts.

No Smoking

  1. No person shall smoke in a public place, except where permitted by this Bylaw.
Exceptions

  1. (1) A person may smoke in the following portions of the following premises where the owner or operator of the premises has designated all or a portion of the area as a smoking area:

    1. 80 percent of the seats in a special use premises where alcohol may be served, but not including the playing, sitting or scoring area;

    2. 50 percent of the seats in a racetrack premises;

    3. inside public transportation vehicles with the permission of all other persons in the vehicle;

    4. 70 percent of the seats in a bingo premises;

    5. 70 per cent of the gaming area in a casino;

    6. the area of the airport designated as a smoking area, provided the area is fully enclosed with separate ventilation;

    7. the area of a care home, not exceeding 25 per cent of the total living area, provided the area is fully enclosed with separate ventilation; and

    8. the area of a municipal government building, personal service establishment, retail shop or office building designated as a smoking area, provided the area is fully enclosed.

  1. (2) Notwithstanding subsection (1):

    1. only residents of care home may smoke in the area designated pursuant to subsection(1)(h); and

    2. only employees of the premises listed in subsection (1)(i) may smoke in the area designated pursuant to that subsection.

Restaurant Phase In

  1. (1) As of the coming into force of this bylaw, a person may smoke in the 35 percent of seats in a restaurant designated by the owner or operator of the restaurant as a smoking area.

    (2) As of July 1, 2001, a person may smoke in the 20 percent of seats in a restaurant designated by the owner or operator of the restaurant as a smoking area.

Food Court Phase In

  1. (1) As of July 1, 2000, a person may smoke in the 25 percent of seats in a shopping mall food court designated by the owner or operator of the shopping mall as a smoking area.

    (2) As of January 1, 2001, a shopping mall food court will be considered a public place within the meaning of this bylaw where no person shall smoke.

Bar Phase In

  1. (1) As of the coming into force of this bylaw, a person may smoke in the 80 percent of seats in a bar designated by the owner or operator of the bar as a smoking area.

    (2) As of July 1, 2002, a person may smoke in the 70 percent of seats in a bar designated by the owner or operator of the bar as a smoking area.

Obligations of Owner/Operator

  1. An owner or operator of a premises described in sections 4 to 7, shall:

    1. ensure the portion of their premises which may be designated as a smoking area does not exceed the areas described in those sections; and

    2. prominently display, at the entrance of the designated smoking area, a sign showing smoking is restricted to that area only.

  2. Where an owner or operator of a premises described in sections 4 to 7 chooses not to designate a smoking area, this bylaw will be enforced throughout the entire premises.

  3. An owner or operator of a public place may display signs showing smoking is prohibited on the premises.

Signs

  1. Signs depicting areas where smoking is restricted, or where smoking is prohibited shall be in a form similar to that set out in Schedule A.

Offences and Penalties

  1. A person who contravenes or fails to comply with any provision of this Bylaw is guilty of an offence and liable on summary conviction to:

    1. a fine of no more than $2,000.00, in the case of an individual; or

    2. a fine of no more than $5,000.00, in the case of a corporation;

      and in default of payment of the fine, to a term of imprisonment for no more than 90 days.

Severability

  1. If a court declares that one or more of the provisions of this bylaw are invalid, the remaining provisions will remain in force and in effect as if the invalid provisions were not part of the bylaw.

Repeal and Coming into Force

  1. Bylaw No. 9423 is repealed.

  2. The Clerk shall forward copies of this Bylaw to the Board of the Regina Health District and the Minister responsible for The Public Health Act, 1994 for their approval, pursuant to s. 50 of that Act.

  3. This Bylaw shall come into force on the date it is approved by the Board of the Regina Health District or the Minister, whichever is later.

READ A FIRST TIME THIS 6TH DAY OF MARCH 2000.

READ A SECOND TIME THIS 6TH DAY OF MARCH 2000.

READ A THIRD TIME AND PASSED THIS 6TH DAY OF MARCH 2000.

D.R. ARCHER R.M. MARKEWICH
________________________________________________________
Mayor City Clerk
  CERTIFIED A TRUE COPY
  ____________________________
  City Clerk

SCHEDULE A

No Smoking
On These Premises





Bylaw No. 10167





Designated Smoking
Area






Bylaw No. 10167





No Smoking
Except in Designated Areas





Bylaw No. 10167
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