Alberta has laws that determine where you can smoke or vape. Some towns and cities have their own smoking and vaping laws as well.
When the provincial and municipal smoking law is in conflict, the more restrictive law takes precedent.
Can I Smoke or Vape on my Apartment Balcony in Alberta?
No, you can not legally smoke or vape on an apartment balcony in Alberta.
According to the Alberta Tobacco, Smoking and Vaping Reduction Act, you can not smoke or vape within 5 meters of a window, doorway or air intake of a public place.
You may read the laws and come to a different conclusion, but let us walk you through our interpretation.
To read the laws for yourself, you will need the following 2 links:
Source 1: TOBACCO, SMOKING AND VAPING REDUCTION ACT
Source 2: TOBACCO, SMOKING AND VAPING REDUCTION REGULATION
Definition of Public Place in Regards to Smoking and Vaping Laws
The Tobacco, Smoking and Vaping Reduction Act (Source 1) defines a “Public Place” like this:
(f) “public place” means all or any part of a building, structure or other enclosed area to which members of the public have access as of right or by express or implied invitation including
(i) the common areas of a multi-unit residential facility, including patios, pools, other recreation areas and enclosed parking garages,
(ii) a group living facility,
(iii) an outdoor bus or taxi shelter,
(iv) licensed premises,
(v) a restaurant, and
(vi) a hotel;
The actual Smoking and Vaping law states the following:
3 Subject to section 5, no person shall smoke or vape
(a) on a hospital property, including the building, grounds and parking areas used in relation to the hospital property,
(b) on a child care facility property, including the building, grounds and parking areas used in relation to the child care facility property,
(c) on a school property, including the building, grounds and parking areas used in relation to the school property,
(d) in a workplace,
(e) in a public place,
(f) in a public vehicle,
(g) in a vehicle in which a minor is present,
(h) in or within a prescribed distance from any of the following:
(i) a playground;
(ii) a sports or playing field;
(iii) a skateboard or bicycle park;
(iv) a zoo;
(v) an outdoor theatre;
(vi) a public outdoor pool or splash pad;
(vii) any other place that is prescribed or otherwise described in the regulations,
or
(i) within a prescribed distance from a doorway, window or air intake of any place referred to in clauses (a) to (e) and (h)(vii), as the case may be.
The Prescribed Distance
You will notice that the law states you can not smoke or vape ”within a prescribed distance”.
What is the ”Prescribed Distance” from doorway, window or air intake?
To answer this, you now have to reference the second source link (Source 2).
Here you will find that the ”prescribed distance” is 5 meters.
So hypothetically speaking, you would need to be smoking or vaping on an unusually large balcony at least 5 meters from any doorway, air intake, or window.
In Summary
- It is not legal to smoke or vape on an apartment balcony in Alberta. You must be further away than 5 meters from a doorway, window, or air intake of a public place.
- Municipalities may have additional bylaws for smoking and vaping.
- If there is a discrepancy between the Provincial law and the Bylaw, the more restrictive law is the one that applies.
