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Ministry of Health

Hospitality Sector

All establishments in the hospitality sector, such as hotels, restaurants, bars, pubs, casinos, bingo halls, and clubs must be smoke-free.

Designated smoking rooms are no longer permitted. In addition, no smoking is allowed within 3 metres of doorways, opening windows, or air intakes (with the exception of hospitality patios).

Resources:

Licensed establishments with Designated Smoking Rooms (DSR) will have their floor plans and license amended, at no charge, by the Liquor Control and Licensing Branch to remove their DSR. The old DSR will be treated like all other areas of the licensed establishment.

Frequently Asked Questions:

What are my responsibilities?
As a manager, owner or lessee, you have a legal responsibility to prevent people from smoking in your establishment. You are not held responsible if you can demonstrate that you have taken reasonable steps to prevent this from occurring.

Please note that many local governments have more restrictive laws in place. Please check with your local government before making any changes to your premises. Also check with WorkSafeBC for any additional environmental workplace requirements that may affect your operations.

I have an outdoor patio area. Can my customers continue to smoke there?
The Tobacco Control Act does not ban smoking on outdoor patios, however, it bans smoking in public places and workplaces that are fully or substantially enclosed. If the patio is not fully or substantially enclosed, and you keep doorways and windows closed, then your customers can continue to smoke on the patio. Some local governments have bylaws banning smoking on patios, so those bylaws would take precedence.

What is a fully or substantially enclosed place?
Places are considered fully or substantially enclosed if they have a roof or other type of covering, and more than 50% of the “nominal wall space” prevents the air from flowing easily through it. Please see sec 4.2(4) of the Tobacco Control Regulation for a definition of “nominal wall space”.

Businesses and organizations should contact their local health authority if they require further guidance on whether their premises are fully or substantially enclosed. Also check with your local government, as there may be more restrictive bylaws in place.

Can I provide an outdoor smoking shelter for my customers or staff?
Yes, you can provide a sheltered smoking area outside of your establishment, provided that the smoking shelter is not a fully or substantially enclosed space, and the structure is outside the 3 metre buffer zone. It must also meet WorkSafeBC requirements under the Occupational Health and Safety (OHS) Regulation, Part 4.

Can I allow my customers to smoke in a designated smoking room if I make sure that employees are not entering the room?
No, the law does not allow smoking in any enclosed public places, regardless of whether or not the room is ventilated or accessed by employees.

How does the buffer zone apply to hospitality sector patios?
The 3 metre buffer zone does not apply to hospitality sector patios (those where food or beverages are being served, or to casino or bingo hall patios), provided that:

  • the patio is not fully or substantially enclosed;
  • the doorways are kept closed except to enter or exit the patio, and
  • windows or air intakes are closed at all times when the patio is in use.
However, the buffer zone applies to all other doorways, windows, air intakes, or other smoking areas not connected to the patio (e.g. front doorway).