Smoke-Free Legislation
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Definitions and Issues:
On November 5, 2006, the provincial government announced that by 2008, smoking will be banned in all indoor public places, including restaurants and bars, with no allowances for designated smoking rooms, and starting next September smoking will be banned on all school property, public and private, across British Columbia.
Definition: 100% Smoke-Free Legislation
100% smoke-free means legislation that bans smoking in all indoor public places and workplaces, including restaurants, bars, billiards and bingo halls, bowling alleys and casinos, with NO allowances for Designated Smoking Rooms (DSRs).
Types of Smoke-Free Legislation
Workers and the public can be protected from second-hand smoke through two types of legislation:
Definition: Workplace legislation (such as the WCB Regulation)
This type of legislation protects workers from second-hand smoke. A workplace means any enclosed building or area where employees work, including washrooms, stairways, lounges,elevators and vehicles.
Definition: Public places legislation
This type of legislation protects the general public from second-hand smoke. An indoor public place is generally defined as any enclosed building or area, accessible to the public by right or by invitation, including restaurants and bars. It can be extended to include outdoor public places, including restaurant and bar patios, playgrounds, and sports facilities.
This is to ensure that all enclosed places that are accessible by the public are smoke-free, not just workplaces. There are public areas, which are not workplaces, where the public need to be protected from tobacco smoke.
Definition: Jurisdictional Authority To Enact Legislation
Across the country, all three levels of government have the authority to enact smoke-free legislation to protect citizens from exposure to second-hand smoke.
The federal government has jurisdiction to regulate smoking on federal lands, and federally regulated workplaces such as government offices and banks.
Provincial governments have authority to regulate smoking in areas of provincial jurisdiction, such as workplaces and public places.
Municipal and regional governments have the authority to ban or restrict smoking in public places within their geographic limits. If a municipality has a smoking bylaw that exceeds the standards set by the WCB Regulations, the higher standard prevails. Further, municipalities have the jurisdiction to ban smoking in outdoor as well as indoor public places, including restaurant patios, parks and sports facilities.
Health authorities have the jurisdiction to prohibit smoking on all grounds and facilities owned by the Authority, and currently in BC, most are considering this issue to address the significant problem of smoke-filled entranceways at hospitals and health care facilities as well as promoting a healthy and safe environment for patients and staff.