New tobacco laws passed by the BC Legislature in 2007 are in effect on March 31, 2008. These new laws were introduced to protect employees and the public from the harmful effects of secondhand smoke, and to limit the display and promotion of tobacco products to youth.

As of March 31, 2008, it is against the law to:

• smoke in most fully or substantially enclosed public places and workplaces.
• smoke within 3 metres of most public and workplace doorways and by open windows and air intakes.
• display tobacco products anywhere where tobacco is sold if accessible to youth under 19.
• Advertise and promote tobacco using certain methods such as countertop displays, hanging advertisements and self-serve displays.
• sell tobacco in public hospitals and health facilities; public universities and colleges; public athletic and recreational facilities; and provincial buildings.

A ban on tobacco use in schools and on school grounds was effective September 2 2007. For more information on tobacco-free schools, click on “Tobacco-Free Schools” in the navigation bar on the left.

Penalties and fines for breaking the tobacco-free laws

The Tobacco Control Act is enforced through local health authorities. Tobacco Enforcement Officers enforce all aspects of the tobacco-free provisions.

Individuals who smoke in prohibited places will be subject to a fine.

Business managers, owners or lessees have legal responsibilities to prevent people from smoking. They also must abide by the new laws respecting sales, display and advertising of tobacco and tobacco products. Fines and penalties can be levied. Please see the “Businesses”, “Employers” and Tobacco Retailer” links in the navigation bar on the left for a complete description.

Definition of fully or substantially enclosed

Places or vehicles 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.

“Nominal wall space” = length (in metres) of the perimeter of the space x 2.7 metres.

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.

Display and signage restrictions

Tobacco retailers are limited in their ability to display or otherwise advertise or promote tobacco products. Please click here for further information.

If minors can enter the premises, tobacco cannot be displayed. In addition, tobacco cannot be advertised in such a way that it would be clearly visible to anyone outside the retail premises.

There is a regulatory requirement to display point-of-sale signs. For more information on signage, click here.

Product/price signs advertising that tobacco is sold on the premises must follow a very specific format.