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Outdoor Smoking By-law
On May 25, 2011, an Outdoor Smoking By-law was passed by City of Winnipeg Council. This By-law prohibits smoking in certain outdoor locations. The By-law is the result of public feedback and the City’s commitment to the promotion of a healthy urban environment and support for active living and wellness.
On March 22, 2018, Council approved amendments to the Outdoor Smoking By-law banning smoking on outdoor patios at restaurants and bars in Winnipeg.
Where is outdoor smoking prohibited?
At all times:
- school properties, including public and private elementary, middle and secondary schools
- health care facility properties, including:
- designated hospitals
- personal care homes (residents of personal care homes are permitted to smoke in clearly marked, designated smoking area)
- Access Centres
- Breast Health Centre
- Winnipeg Birth Centre
- Mount Carmel Clinic
- Pan Am Clinic
- All outdoor patios at restaurants and bars that occupy a defined space and require an occupancy permit (effective April 1, 2018)
30 metres from:
- athletic fields and outdoor ice rinks (during an organized youth event), including all City of Winnipeg or Community Centre owned or operated:
- soccer pitches
- baseball or softball diamonds
- football fields
- outdoor hockey rinks
- City of Winnipeg or Community Centre owned or operated:
- swimming pools
- wading pools
- spray pads
- spray parks
8 metres from outdoor entrance:
- health care facilities
- City of Winnipeg workplaces
- Winnipeg Regional Health Authority workplaces
Tobacco smoke is a known Class A carcinogen for which there is no safe level of exposure and scientific studies confirm that negative health consequences, including an increased risk of cardiovascular and respiratory disease, can result from even short exposures. The Outdoor Smoking By-law is the result of public feedback and the City’s commitment to the promotion of a healthy urban environment and support for active living and wellness.
At its June 12, 2017 meeting, the Standing Policy Committee on Protection, Community Services, and Parks directed the Winnipeg Public Service to:
- Conduct a cross-jurisdictional review of Canadian municipalities and other Canadian regulatory agencies and/or legislations on prohibitions related to cigarettes, cigars, pipes, e-cigarettes, water pipes, hookahs, and other similar products/devices that generate second hand smoke on outdoor patios at restaurants and bars.
- Through the Office of Public Engagement, conduct consultation with the public and stakeholders to determine the level of interest in changing the Outdoor Smoking By-law No. 62/2011 as applicable to smoking on outdoor patios at bars and restaurants.
- Provide appropriate recommendations based on the information obtained in its review and feedback provided through public consultation and report back to the appropriate committee of Council within 180 days.
On January 25, 2018, Council approved the resulting administrative report. Subsequent amendments to the Outdoor Smoking By-law were approved by Council in March.
Banned Smoking Devices and Products
The ban includes smoking devices and products that allow the user to inhale tobacco, cannabis or any other substances that generate second-hand smoke when being used. These include:
- water pipes
- similar products/devices
Exemptions are made for ceremonies led by Indigenous persons.
The City’s primary goal is voluntary compliance with the By-law through public education; however, sometimes enforcement is necessary.
Fines for contravening the outdoor smoking ban are as follows:
|Smoking within 30m of athletic field or hockey rink during youth event||$200|
|Smoking on playground||$200|
|Smoking within 30m of swimming pool, wading pool, spray pad or spray park owned or operated by City of Winnipeg||$200|
|Smoking on school premises||$200|
|Smoking on health care facility premises||$200|
|Smoking within 8m of outdoor entrance to health care facility||$200|
|Smoking within 8m of outdoor entrance to City of Winnipeg workplace||$200|
|Smoking within 8m of outdoor entrance to WRHA workplace||$200|
|Smoking on outdoor patio||$200|
|Owner or operator failing to ensure that no one smokes on outdoor patio||$400|
Reporting Outdoor Smoking
Citizens who see individuals smoking in an outdoor location where smoking is prohibited can inform the property manager or can call 311 to report the incident.