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By Brendan Miller

Councillors say changes to city’s outdoor smoking bylaw need fine-tuning

Feb 23, 2023 | 3:37 PM

MEDICINE HAT, AB – City council has requested more clarity around a proposed update to a bylaw that would limit the outdoor spaces where residents can smoke.

During its regular meeting on Tuesday night council voted to postpone the second reading of the bylaw.

Currently, Under Alberta’s Tobacco and Smoke Reduction Act smokers have to be at least five metres away from any doorway, open window or air intake in a public place. Provincial legislation supersedes the current outdoor smoking bylaw in Medicine Hat.

Details surrounding a proposed smoke-free outdoor public places bylaw were examined some councillors were left with questions.

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Coun. Robert Dumanowski says council is doing its best to strike a balance between the rights smokers have and the health risks associated with second-hand smoke.

“What I heard from the council tonight is that they wish to have clarity around what these enhanced provisions will do from the standpoint of preventing people from enjoying the community as a whole and I think finding that happy medium is critical to everyone moving forward positively,” says Dumanowski.

The city adopted an outdoor smoking bylaw in 2013. Since the adoption of that bylaw, the province has introduced new legislation around smoking in public places.

Additionally smoking cannabis is now legal and vaping has grown in popularity.

The city says the old outdoor smoking bylaw is long overdue for an update and the new proposed bylaw focuses on the health of youth in the community.

The new bylaw also adds locations that would prohibit outdoor smoking including the Heritage Trail System and the Echo Dale Regional Park and areas like outdoor rinks, ponds, basketball courts, parks and pickleball or tennis courts.

Mayor Linnsie Clark and other council members have concerns that the proposed bylaw oversteps some areas of provincial legislation and have asked city officials to refine the bylaw.

“Providing people some additional clarity on where they can smoke and where smoking is prohibited so that it’s easy for people to follow the rules that the city council is considering,” says Clark.

“When you are adding provisions to tobacco and cannabis and vaping bylaw there’s going to be some confusion,” adds Dumanowski. “There is confusion sometimes around the table here so getting clarity around that is important, respecting the rights of people is also important.”

The new bylaw would also give festival and event organizers a mechanism to apply for a designated outdoor smoking area.

“Certainly when you limit where people can smoke to a great extent it’s nice to have a carve out in the event that a group putting on an event thinks that part of the group coming to the event will be smokers or vapers then it provides them a place to smoke that’s legal but it’s also protecting the other event goers,” says Clark.

City officials are expected to provide councillors with further clarity about the bylaw before any decisions will be made.