From: Regional Services, Prevention Division Coquitlam Office, Region 52.20
Workers' Compensation Board of BC
(604)232-1939; Fax: (604)232-1946
Subject: General Message
March 25, 2002

To: An inquirer who prefers to remain unidentified for obvious reasons

I was unable to contact you by phone this morning. I will attempt to answer you(r) questions and the best way to do that is to insert comments into your original email text as noted below. Comments are in red. Please feel free to contact (us) to discuss this issue further, if required.

Original message, with comments:

Dear Sir(s),

If I own a pub in Burnaby,Maple Ridge or Coquitlam where there is an existing smoking bylaw in place: 70% smoking 30% non-smoking...Will the new government mandated WCB smoking regulations affect my right to continue allow the 70% smoking 30% non-smoking regulations currently in place?

Workers Compensation Board's OHS Regulations - ETS requirements will come into effect May 1, 2002. These requirements came about after review by the provincial government through the offices of the Ministry of Labour.

Which requirement will need to be complied with - the new WCB smoking regulations or the local municipal bylaw - is determined by the following rule: the more stringent rule or requirement will supercede the less stringent. This means for Burnaby that the 70% smoking rule (smoking allowed in a designated smoking area or room (DSR); area not to exceed 70% of the total seating capacity)will be overridden by the WCB requirement which has a more stringent requirement (the floor space in a pub must not exceed 45% of the total floor area).

For Port Moody's situation, the local municipal bylaw is more stringent than the WCB regulation. Port Moody does not allow a DSR - smoking inside the pub is 100% prohibited. Therefore, the local bylaw will prevail in Port Moody.

I have been told existing bylaws in municipalities will over-ride the new WCB regulations. (In 25 municipalities with current smoking regulations). Unless my municipal government chooses to adopt the new WCB smoking in the workplace regulations. Is this true?

Not necessarily true - municipal bylaws do not override the new WCB requirements unless the municipality chooses to go 100% no-smoking; see comments above. Municipalities may choose to adopt the WCB requirements through a revision of the their local bylaws; time will tell if this will occur.

Will the WCB "police" smoking regulations(bylaws) in municipalities that choose to keep their own smoking bylaws instead of adopting the new government sanctioned regulations?

See comments above. If the municipality chooses to have more stringent requirements than the WCB requirements, then the municipality will be the primary enforcers.

I have been told that municipalities that choose to keep their own current smoking bylaws must police their own locales,unless they adopt the new WCB smoking regulations in the workplace. Is this correct ?

Pubs must adopt the most stringent requirements, WCB or local bylaw.

I know a number of pubs and bars in the municipalities of Burnaby,Coquitlam and Maple Ridge: Who do not plan to build smoking rooms and will continue to allow smoking at the current 70%smoking 30% non-smoking split in these locales.They will continue to do so after May 01 2002.

See comments above; the maximum size for the smoking room will be 45% of the total floor area for the pub. If a pub is found in non-compliance with the WCB-ETS requirements, then the WCB will issue an inspection report on that pub indicated it is in non-compliance.

Please help to clarify my questions with answers.

Thank you.