The City of Nanaimo will consider broadening the reach of its smoking ban to cover more than just tobacco.
Council has asked staff to look at smoking bylaws with the intent to update them to meet provincial legislation and to include medical marijuana in the review. Smokers have not been allowed to light-up in city-managed recreational spaces, like plazas and beaches, since 2011, but there have been no rules against puffing on e-cigarettes. Last year, the B.C. government expanded laws to include e-cigarettes and vapour products, but it doesn’t extend to all public spaces, according to a letter from Island Health’s medical health officers, who are advocating for expanded smoke-free bylaws, with definitions that include smoking as cigarettes, cigars or the burning of any substance using a pipe, hookah, lighted or electronic smoking device.
Among their recommendations are that the city make outdoor public spaces smoke-free by prohibiting any substances that can be inhaled in areas where children play, such as sports fields, athletic stands and playgrounds.
The medical health officers say environmental smoke, whether it’s tobacco, marijuana, heated vapour or burning of other substances, can contain Class A carcinogens, similar to asbestos and that substances upon combustion are likely to produce fine particulate matter as well as a variety of noxious chemicals – all harmful to human health.
Coun. Bill Bestwick supported the review, but pointed out there are cases where people can smoke marijuana because it’s medical and wanted to see it included.
Mayor Bill McKay referred to a federal court ruling Allard v. Crown and said if the city is looking at rules with respect to consumption it’s going to have to concern itself with a person’s right to medicate themselves. Coun. Gord Fuller said his understanding is for someone to get medical marijuana they need a prescription so he can see allowing that in certain spots, but the person would have to show a valid prescription.
The focus of Coun. Jerry Hong, who made the motion to review bylaws, is to make outdoor public spaces smoke free where children play.
“Honestly I don’t really care if you need medical marijuana, don’t do it in front of my kid – plain and simple; take a pill, go somewhere else. You don’t have the right for my child to smell that crap,” he said, adding people don’t need to smoke marijuana when they can have a cookie, brownie or cake. “Smoking, that doesn’t make any sense to me in public spaces where children are around and that’s where I want really for staff to investigate that.”
The city also has a bylaw from 1987 on smoking that Dale Lindsay, city director of community development, said has been superseded by provincial and WorkSafe regulations and this is a chance to update it. He expects the review will be done later this spring.
