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Smoking bylaw changes would ban smoking on patios at bars, restaurants

Studies have shown 80 per cent of Saskatchewan residents don’t smoke; polls show 75 per cent of the province wants smoke-free decks and patios

When amendments to Moose Jaw’s smoking bylaw go into effect July 1, one place where smokers won’t be able to light up is on outdoor patios of bars and restaurants. 

Besides smoking, the use of e-cigarettes (vaping), cannabis and hookah pipes will also be banned from outdoor seating areas; in all municipal-owned outdoor public green spaces such as parks; within a 10-metre buffer zone of entrances, windows and air exchanges of public buildings; and in enclosed public places where smoking is prohibited under The Tobacco Control Act.

However, the updated smoking bylaw allows for use of tobacco for traditional spiritual and cultural ceremonies, and allows for the teaching and testing of vaping devices in retail stores.

During its May 27 regular meeting, city council voted 5-2 to approve the amendments to the smoking bylaw. Councillors Brian Swanson and Scott McMann were opposed. Since the vote was not unanimous, it must come back to a future council meeting for official approval. 


Several health-related groups and individuals — including the Canadian Cancer Society, The Lung Association, a family physician and the area medical health officer — spoke to council and encouraged the adoption of the amendments. 

City administration hopes to implement the bylaw amendments by July 1 and have them in place by September.

Council discussion

“I really struggle (with this). … I have a real concern that we may make the assumption that we know what is better for businesses than they do,” said McMann. If the facts and figures are true, then the economics should dictate whether businesses want smoking on their patios.”

Other Saskatchewan municipalities have banned smoking on decks and patios, with Saskatoon having been smoke-free in those places since 2004, explained Dr. Mark Brown, a family physician and representative of People for a Smoke-Free Moose Jaw. 

Studies have shown 80 per cent of Saskatchewan residents don’t smoke; polls show 75 per cent of the province wants smoke-free decks and patios. Furthermore, the hospitality sector has not struggled since the province went smoke-free in 2003. Research has shown business has only increased. 

Council should consider the cost that smoking has on the public’s health, where billions of dollars are spent every year to help people in a reactive manner, Brown continued. Less taxpayers’ money would be used on health care if fewer people smoked. 

“Second-hand smoke is just as deadly after 10 p.m. as it is at any time,” added Brown. 

“Show me the evidence that businesses suffer and I’ll back down,” said Jennifer May with The Lung Association. “But seven provinces and 50 municipalities have already done this.” 

To date, none have reported a negative effect due to the ban, she added. Almost every objective, peer-reviewed study using official sales tax data shows such bylaws and legislation have no adverse effects on the receipts of bars, restaurants, hotels or tourism. 

Coun. Chris Warren agreed, saying banning youths under age 19 from outdoor patios after a certain time makes no sense since the health of service workers would also be affected. He pointed out the statistics show people in high numbers support banning smoking on patios. 

Warren also discovered through research that the cost of health care is in the billions and almost double what cigarettes generate in taxes. 

“My mom was a smoker and loved to smoke and died because of it,” said Coun. Crystal Froese. “I don’t believe that people’s businesses will suffer dramatically. We may find that business increases to patios.”

The next regular council meeting is Monday, June 10. 

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