HALIFAX—This week, Halifax Regional Council could decide to ban all smoking — of all substances — on municipal property in the lead-up to cannabis legalization.

A draft of the Respecting Nuisances bylaw prepared by city staff, which would amend the Nuisance bylaw, will appear before council Tuesday. It prohibits the smoking of any substance, including tobacco, on municipal lands, streets and parks, “except in designated areas.”

Breaking the proposed bylaw would land you a ticket of at least $25 and up to $2,000.

The bylaw would also prohibit the cultivation of cannabis outside of a dwelling, and set a fine of between $1,000 and $10,000 for growing cannabis in a yard or on a deck.

“No, not everybody is going to be happy ... A number of people will be pleased I think, and some people will think that it doesn’t go far enough,” Councillor Steve Craig said in an interview Sunday.

In March, Nova Scotia amended the Smoke-Free Places Act to prohibit the smoking of any substance within 20 metres of a playground or publicly owned sports venue, and within provincial parks and beaches, with the exception of rented campsites.

Now the Halifax Regional Municipality is taking it a step further, and will consider banning smoking outright on municipal property.

The changes would allow certain areas to be designated for smoking.

A report by municipal staff suggests the odor of smoking and growing cannabis constitutes a public nuisance, and proposes that the bylaw be amended to include marijuana specifically.

A separate report going before council Tuesday recommends amending the Municipal Parks bylaw to also ban smoking in municipal parks.

The report says planning staff will propose amendments to the Regional Plan and land-use bylaws to make rules about where cannabis can be produced, and to prohibit private retail sales of cannabis except at Nova Scotia Liquor Corporation stores, among other measures.

The report says this is “to ensure the Municipality has the opportunity to carry out a thorough planning process should the province introduce legislation to permit these uses.”

Besides the public-health effects of exposure to second-hand tobacco and marijuana smoke, the report said tobacco has been included in the ban for ease of prosecution. If exclusively cannabis was covered by the ban, the Crown would have to prove that the substance being smoked was cannabis and not something else.

An outright ban on any smoking means the Crown only has to prove something was being smoked, the report says.

The report says consultations were held with the Nova Scotia Federation of Municipalities, Office of the Medical Officer of Health.

Municipal staff estimate enforcing these new bylaws will cost $970,000 per year and require the municipality to hire eight new bylaw officers, a new supervisor, and more support staff. It will also need to purchase new equipment.

“This will impact municipalities more than any other order of government, and that’s troublesome as far as the cost goes,” Craig said.

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The report suggests the increased costs could be partially offset by revenue generated by bylaw fines, and also sought through future budget submissions to Halifax Regional Council.

Municipalities have varied in their approaches to marijuana legalization.

Earlier this month in Edmonton, the city council erred on the side of leniency by allowing consumption in many public places following provincial regulations, with some additional restrictions.

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