Policy Authority: Vice-President, Finance and Administration

Associated Procedures: Appendix A: Map of Designated Outdoor Smoking Areas (DOSAs)

1.0       PURPOSE

1.1       The health, environmental and safety risks associated with smoking and other tobacco use are well-known. To protect public health, governments have acted within their respective jurisdictions to limit these risks by imposing restrictions on the advertising, sale and consumption of cannabis, tobacco and other nicotine-containing products. In turn, the University must give effect to these legislative restrictions.

1.2       This Policy regulates the sale, advertising and use of tobacco and other nicotine-containing products, as well as the use of cannabis within University Space. 

2.0       SCOPE

2.1       The policy applies to all campuses of Simon Fraser University.

2.2       The ceremonial use of tobacco or other ceremonial plant forms for a traditional Aboriginal cultural activity by Aboriginal people and/or groups under the auspices of Aboriginal people and/or groups is specifically exempted by this Policy.

2.3       Nicotine replacement therapy, including patches and gums, used for cessation purposes are exempted by this Policy.

2.4       Use of cannabis may be permitted as a disability accommodation under GP 26 or GP40, and exempted from the prohibitions in this policy if previously raised to, and approved by, authorized personnel at Simon Fraser University. The steps for requesting a disability accommodation are available in Section 4 of GP26 and in the procedure accompanying GP40.

3.0    DEFINITIONS

3.1     Smoking is a broad term that includes, but is not limited to inhaling, consuming, using and/or holding any lit product, regardless of whether it is smoked, burned, vaporized, atomized, or heated for the purposes of human consumption. This definition includes using any other implement or device that is used to emulate the act of smoking or tobacco use, such as pipes, holders and electronic cigarettes, regardless of the specific substance consumed.

3.2     Cannabis is used here to refer to smoked and smokeless products containing the chemical compound cannabinoid, which includes, but is not limited to, dried cannabis, cannabis oils, and concentrates that may be consumed on their own, or with the use of an implement or device.

3.3     Tobacco is used here as a broad term to refer to smoked and smokeless products, which includes, but is not limited to, leaf, cigarettes, cigars, hookah-smoked products, pipes, chewing tobacco, snuff and electronic cigarettes.

3.4     University Space means all interior and exterior real property to which the University has right of possession, whether by way of ownership, lease or otherwise. For the purposes of this Policy, lands administered under long-term lease to the SFU Community Trust are not considered University Space.

4.0       POLICY

4.1     SFU must comply with all applicable federal, provincial and municipal legislation, regulations and by-laws that pertain to smoking and other use of tobacco or cannabis.  In the case of a discrepancy with this Policy, and federal, provincial or municipal legislation, regulations and by-laws, the stricter standard will apply.

4.2     A person must not directly or indirectly advertise, sponsor, promote, deal in, sell, offer for sale or distribute tobacco or cannabis within University Space.

4.3     At the Vancouver campus, smoking and other tobacco or cannabis use is specifically prohibited within any indoor University Space.  Building owners and landlords are responsible for complying with the municipal by-laws that govern smoking in indoor, enclosed and outdoor spaces.

4.4     At the Surrey campus, smoking and other tobacco or cannabis use is specifically prohibited within any indoor University Space.  Building owners and landlords are responsible for complying with the municipal by-laws that govern smoking in indoor, enclosed and outdoor spaces.

4.5     At the Burnaby campus, smoking and other use of tobacco and cannabis is prohibited within any University Space, with the strict exception of a Designated Outdoor Smoking Area (DOSA), which can be found on the map attached in Appendix I.  Separate DOSAs for smoking tobacco and cannabis are identified.

4.6     The criteria for establishing a DOSA at Burnaby campus are:

4.6.1    must be at least 10 metres away from any building, including doorways, air intakes and covered walkways;

4.6.2    must be at least 10 metres from any prescribed outdoor locations, including but not limited to, transit stops, parking lots, courtyards or athletic fields;

4.6.3    must be approved by the Chief Safety Officer, the Director of Maintenance and Operations and the Director of Campus Planning and Development.

4.7         All people smoking on campus must extinguish and dispose of their tobacco or cannabis product waste in an assigned campus ash tray at a DOSA. If no ash tray is present it is the responsibility of the person smoking to extinguish and retain the tobacco or cannabis product waste until one can be found. Tobacco and cannabis product waste poses a significant health, safety and environmental risk to the campus.

4.8         Simon Fraser University has a community-based health and safety environment, which makes it the responsibility of everyone associated with the University to uphold and communicate this Policy. For example, smokers are expected to use the designated smoking areas (DOSAs) and everyone is encouraged to direct non-compliant smokers towards the nearest DOSA.

In the event of unresolved and/or recurring compliance issues the following protocol will be followed:

4.8.1    Visitors/Contractors: Complaints shall be lodged with Campus Public Safety. Visitors who refuse to comply may be asked to leave campus. Contractors who refuse to comply will be reported to their immediate supervisor.

4.8.2    Students: Complaints shall be lodged with Campus Public Safety. Reasonable efforts to resolve the complaint and ensure compliance will be taken. Students who continue to violate this Policy after reasonable efforts have been exhausted shall be reported to Student Services and subject to discipline under the University's Student Conduct Policy (S10.05).

4.8.3    Employees: Complaints shall be lodged with Campus Public Safety. Reasonable efforts to resolve the complaint and ensure compliance will be taken. Employees who continue to violate this Policy after reasonable efforts have been exhausted shall be reported to the individual’s immediate supervisor.

5.0         ROLES AND RESPONSIBILITIES

5.1       Responsibilities of the Chief Safety Officer

            5.1.1    The Chief Safety Officer is responsible for the oversight of this policy.

5.2       Responsibilities of Faculty, Staff, Students and Visitors

            5.2.1    Compliance is a shared responsibility.  Faculty, staff, students and visitors are responsible for complying with the restrictions on smoking and other tobacco or cannabis use on all SFU campuses, and should report observed instances of non-compliance with this policy to Campus Public Safety or Environmental Health and Safety

5.3       Responsibilities of the Central University Health and Safety Committee

5.3.1          The Central University Health and Safety Committee is responsible for:

      a.         advising the University on the appropriate means to achieve compliance with this Policy;

      b.         making recommendations to the Chief Safety Officer or designate for locations of DOSAs; and

      c.         making recommendations on revisions to this Policy as required.

5.4       Responsibilities of Health and Counselling Services and Human Resources

            5.4.1    Health and Counselling Services and Human Resources are responsible for advocating for and fostering a healthy campus community by:

  a.       supporting tobacco cessation efforts including providing information and resources to individuals who are looking to quit smoking and other tobacco use; and

            b.       communicating information on the health and safety risks related to use of cannabis.

5.5       Responsibilities of Campus Public Safety

  5.5.1          Campus Public Safety is responsible for:

       a.      monitoring compliance with these prohibitions;

       b.      responding to reports of non-compliance and educating and advising members of the University community of the relevant elements of this Policy;

       c.      engaging members of the University community in creating a tobacco, cannabis and smoking control culture;

       d.      consulting with stakeholders and providing input and guidance for locations of DOSAs;

       e.      advising on locations where additional signage or DOSAs are required.  

5.6       Responsibilities of Environmental Health and Safety

  5.6.1          Environmental Health and Safety is responsible for:

       a.      engaging members of the University community in creating a tobacco, cannabis and smoking control culture;

       b.      consulting with stakeholders and providing input and guidance for locations of DOSAs; and

       c.      advising on locations where additional signage or DOSAs are required.

5.7       Responsibilities of Facilities Services

  5.7.1          In consultation with the Chief Safety Officer, Facilities Services is responsible for:

       a.      installing appropriate ash urns or similar ash disposal items at identified DOSA locations; and

       b.      creating and installing appropriate signage on SFU campuses that highlight the smoking restrictions covered in this Policy.

6.0       REPORTING

6.1       The Chief Safety Officer will file an annual summary report to the Vice President, Finance and Administration each April reporting activity under the Policy and any policy violations filed.

7.0       RELATED LEGAL, POLICY AUTHORITIES AND AGREEMENTS

7.1       The legal and other University policy authorities and agreements that may bear on the administration of this policy and may be consulted as needed include but are not limited to:

7.1.1        Map of DOSA locations at Burnaby Mountain

7.1.2        AD 1.12 Selling, Serving and Advertising of Controlled Substances

7.1.3        AD 1.06 Commercial Activities and Advertising

7.1.4        AD 1.14 Control of University Motor Vehicles

7.1.5        GP 17 University Health and Safety

7.1.6        GP 36 Use of University Space

7.1.7        GP 40 Disability Accommodations

7.1.8        S10.05 Student Conduct

7.1.9        CUPE 3338, Poly Party, and TSSU Collective Agreements

7.1.10      APSA Employment Policies

7.1.11      SFU Faculty Academic Policies

7.1.12      Tobacco Sales (Banning Tobacco and Smoking in Public Places and Schools) Amendment Act (RSBC 2007).

7.1.13      Tobacco and Vapour Control Act: RSBC 1996, c. 1996, c. 451.

7.1.14      Tobacco Control Regulation: B.C Reg. 232-2007, O.C.478/2007.

7.1.15      WorkSafeBC Occupational Health and Safety Regulation, s.3.10 and s. 4.81.

7.1.16      City of Vancouver By-laws No. 11076, No. 9624 and No. 9535

7.1.17      Surrey Public Health Smoking Protection By-law No, 16694, 2008 and No. 17849, 2013.

7.1.18      Access to Cannabis for Medical Purposes Regulations (SOR/2016-230)

7.1.19      British Columbia Cannabis Control and Licensing Act

8.0       POLICY REVIEW

8.1       This policy is subject to review at least once every three years.

9.0       AUTHORITY

9.1       This policy is administered under the authority of the Vice President, Finance and Administration.

10.0     INTERPRETATION

10.1     Questions of interpretation or application of this policy or its procedures shall be referred to the Vice-President, Finance and Administration, whose decision shall be final.

11.0     ASSOCIATED PROCEDURE

11.1     Appendix A: Map of Designated Outdoor Smoking Areas (DOSAs)