The Clean Air Bylaw for the Capital Regional District (CRD) was first implemented on January 1, 1999, making all indoor public spaces 100% smoke-free.
The bylaw was amended on July 1, 2007 to include all businesses with patios where food and beverages were being served and/or consumed.
On September 10, 2014, the CRD Board adopted Clean Air Bylaw No. 3962, which expanded the smoke-free areas to include parks, playgrounds, playing fields, public squares and bus stops. It also extended the smoke-free buffer zones outside of doorways, windows and air intakes (from 3 metres to 7 metres). Following an extensive public education and awareness campaign, the enforcement of the bylaw began on April 1, 2015.
The most recent bylaw amendment was adopted by the CRD Board at its January 9, 2019 meeting. This amendment prohibits the burning or vaping of any substances, including cannabis, in any public space as identified in the existing bylaw.
The Island Health Tobacco and Vapour Prevention Control team provides education and awareness around the Bylaw, as well as written warnings and municipal fine tickets (including cannabis).
Frequently Asked Questions
Island Health enforces the CRD’s public health bylaws.
For other public health bylaws please call: 250.519.3401
A park means land acquired, reserved or dedicated as a regional park or community park in accordance with the Local Government Act or Community Charter.
A public square is land that is acquired, reserved or dedicated as a public square in accordance with the Local Government Act or Community Charter. Examples include Centennial Square and Bastion Square in downtown Victoria.
A public playground is any land held, occupied, zoned or regulated for use by the public as an outdoor area containing playground equipment.
A public playing field is any land held, occupied, zoned or regulated for use by the public as an outdoor area for sporting activities.
No. However, you are permitted to smoke inside your vehicle in a parking lot unless you have a youth under the age of 16 in the vehicle with you. (see Bill 36)
Neither the CRD nor its municipalities have the authority to control smoking in private residences. However, the Clean Air Bylaw prohibits smoking within seven (7) metres of a doorway, window or air intake.
Smoking in private residences is something that can only be controlled through the strata council for your building (under the provisions of the strata corporation bylaws) or by a property management company/building owner (under each resident's tenancy agreement). Read more about smoke-free spaces.
Smoking is prohibited within seven (7) metres of bus stops as well as doorways, windows and air intakes of publicly accessible buildings. This includes businesses as well as common areas and entrances of multi-unit dwellings (such as apartment buildings).
The ceremonial burning of tobacco as part of an Indigenous cultural activity is exempt from the Bylaw.
Yes. ‘No Smoking’ signs are posted at bus shelters, parks, playgrounds, public squares and playing fields. Business owners and strata property managers are also required to post signage outside of their buildings to advise that the minimum smoking distance from doorways, windows and air intakes is seven metres.
Encouraging compliance with the bylaw includes:
Targeted education and awareness
Sufficient and proper signage
Voluntary compliance & peer pressure
Rotation of physical presence and monitoring by Island Health enforcement officers
Yes, the Clean Air Bylaw prohibits the use of e-cigarettes in any public space identified in the Bylaw. The Bylaw would also prohibit the burning of cannabis if it is legalized by the federal government in 2018.
The CRD conducts its business within the Territories of many First Nations, all of whom have a long-standing relationship with the land and waters from time immemorial that continues to this day. Statement of Reconciliation
