WHEREAS Bill 10 Tobacco Sales Banning Tobacco and Smoking in Public Places and Schools Amendment Act, 2007 forbids a person from smoking tobacco or holding lighted tobacco in a public place or within a prescribed distance from a doorway, window or air intake of that place; AND WHEREAS Bill 10, 2007 does not specifically address patios attached to public places: THEREFORE BE IT RESOLVED that the Union of BC Municipalities strongly recommend that the Government of the Province of British Columbia take action to further protect British Columbians from exposure to secondhand smoke by including a prohibition on smoking on the patios of hospitality sites and that this prohibition be included in the amendments to the Tobacco Sales Act; AND BE IT FURTHER RESOLVED that the Union of BC Municipalities strongly recommend that the Government of the Province of British Columbia make Regulation under the amended Tobacco Sales Act to specify the distance smokers must be from windows, doors and air intakes and that the distance be at least 7.5 m 25 feet in accordance with the current, research-based, Canada Green Building Council, LEED standard.
MINISTRY OF HEALTH The new Tobacco Control Regulation comes into effect March 31, 2008 and allows smoking on outdoor patios of hospitality establishments. The amendment bans smoking in public places and workplaces that are fully or substantially enclosed, and this may include some patios that have extensive ceiling and walls. The regulation includes a buffer zone of three metres around most doorways, opening windows, or air intakes of places like shopping malls and workplaces. Hospitality patios where smoking occurs would not be required to have this buffer zone, provided the door between the patio and building remains closed except when entering or exiting the patio, and provided the windows and air intakes between the patio and building remain closed at all times. Municipalities may bring more stringent restrictions into force and these restrictions would apply. Many municipalities are proposing a total ban on smoking on patios of restaurants and bars.