Click here for the compendium of smoke-free municipal bylaws which exceed provincial/territorial legislation, last updated winter 2011.

Click here for a summary table of smoke-free bylaw provisions in Canada which exceed provincial/territorial legislation, last updated winter 2011.

Since the 1970s when the first smoke-free bylaws were passed in Canada, municipalities have been leaders in championing public health via tobacco control. Indeed, in provinces and territories where municipalities had the power to pass smoke-free bylaws, it was typical to see a patchwork that in many cases superseded provincial or territorial law. In 2004 when the NSRA began tracking smoke-free bylaws, provinces and territories were only just beginning to pass comprehensive smoke-free legislation. As such, it was important to categorize bylaws as bronze, silver or gold to ascertain the level of protection they offered. Now that all provinces and territories have what is considered gold standard legislation for enclosed workplaces and public places, a gold standard bylaw does not carry the importance it once did. However, regardless of new and stronger provincial and territorial legislation, municipalities continue to amend their bylaws to further protect their citizens from second-hand smoke indoors and out.

New Frontiers for Smoking Prohibitions

Social policy has evolved since 2004. With emerging scientific evidence supporting the extension of smoke-free places to include cars and outdoor environments, together with growing public demand for more protection from SHS, the goal posts have moved. In this respect many of Canada’s municipalities are again leading the way, amending their bylaws to include patios, buffer zones around entranceways, operable windows and air intakes, play structures and parks. Other pioneering municipalities have included hotel rooms or private vehicles in their bylaws. This trend of increased protection is being observed elsewhere, particularly in the United States, where such things as smoke-free patios, cars, beaches, golf courses, parks, festivals and automated teller machine line-ups are becoming more common. Finally, a new generation of smoke-free bylaws is adopting a broader definition of smoking that goes beyond tobacco to include other weeds or substances. This is likely in response to the emerging trend of hookah pipe smoking being observed in Canada. For more information on hookahs and second-hand smoke, check out our fact sheet on-line.

Smoke-free Cars

In November 2007 the Town of Wolfville in Nova Scotia set a Canadian precedent by becoming the first jurisdiction in the country to prohibit smoking in private vehicles with children present. Bylaw No. 89, the Smoke Free Vehicles Bylaw, protects children under the age of 18 and came into effect on June 1st, 2008. This bylaw also contains a broad definition of smoking that is not exclusive to tobacco. Shortly after Wolfville’s bylaw was passed, the government of Nova Scotia quickly followed suit and passed Bill No. 6, An Act to Amend Chapter 12 of the Acts of 2002, the Smoke-free Places Act. This amendment, which came into force April 1, 2008, prohibits smoking in private vehicles with children under the age of 19 present.

Since the municipality of Wolfville, NS and the Province of Nova Scotia took those bold steps to protect children from SHS in cars, many other provinces and territories have followed suit. There are now 9 Canadian provinces and territories with smoke-free private vehicle legislation:

Nova Scotia (2007)
Yukon Territory (2008)
Ontario (2008)
British Columbia (2008)
New Brunswick (2009)
Prince Edward Island (2009)
Manitoba (2010)
Saskatchewan (2010)
Newfoundland and Labrador (2011)

Quebec, Alberta, Northwest Territories and Nunavut have yet to pass smoke-free vehicle legislation.

To read more about smoke-free vehicles, check out the NSRA’s position statement on smoke-free private vehicles.