Halifax has rolled out some major changes to By-Law N-300, also known as the Nuissance By-Law. These changes are in the form of a city-wide smoking ban. The By-Law amendments, also known as the “Respecting Smoking” amendments are in effect as October 15, 2018. They cover all smoking and vaping, including both tobacco and cannabis.
The purpose of these amendments is to prepare for the federal legalization of Cannabis. Additionally, the municipality found that these amendments provided the perfect opportunity to address ongoing public concerns regarding second-hand smoke through public tobacco smoke.
Where Can you Smoke?
By default, all municipal property has been included in the smoking ban. Municipal property include areas such as beaches, parks, streets and sidewalks.
Within these areas, the municipality is working to create designated smoking areas, also known as DSAs, where people will be able to smoke or vape. The municipality has created a DSA map to identify these areas as they are created. Each area will fashion a sign or symbol, similar to the below, to identify the area as an assigned DSA. The municipality is in the process of accepting requests to mark DSAs on municipal property.
The municipality has held that if found in violation of these by-laws, the enforcement official is to penalize the offender with a fine of a minimum $25.00 to a maximum of $2000.00. These fines will be issued per offence and if found in default of a payment, there could also be a maximum penalty of up to 30 days in jail for the offender.
Furthermore, know that anyone is able to report violations of the newly enacted by-law. To do so, you would need to call 311 to report any acts of smoking or vaping within a prohibited area.
If you have any questions about the new smoking-ban or other Municipal regulations, we'd be happy to help. You can call us at (902) 826-3070 to set up a meeting or contact us online. You can also schedule a no commitment Issue Review Consult for $100+HST where you have the opportunity to explain your situation to a lawyer and get basic advice before deciding whether or not you'd like to retain us.
By Amanda N. Toulany, Articled Clerk
The information and materials on this blog are provided for general informational purposes only and are not intended to be legal advice. Nothing contained on this blog is legal advice or constitutes a legal opinion. . While it is our goal to provide information which is current, legislative changes and court decisions, among other matters, may result in some information no longer being current or accurate. You should consult a lawyer before relying on any information. The views expressed herein by individual contributing lawyers posting entries to the blog are solely those of the authors and should not necessarily be attributed to or considered representative of the firm of Highlander Law Group Lawyers.