Quote:
Originally Posted by FlamesFanStrandedInEDM
The balcony thing is a Calgary bylaw issue
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As far as I understand the smoking bylaw, private residences are excluded. As long as the balcony is designated as a private-use space (even if it's considered common property for other purposes), it is considered part of their private residence.
Here's the law (the provincial law is more-restrictive than the city bylaw in this case):
https://www.qp.alberta.ca/1266.cfm?p...=9780779737901
Under the Exclusions:
Quote:
Exclusions
2(1) Nothing in this Act affects the rights of aboriginal people respecting traditional aboriginal spiritual or cultural practices or ceremonies.
(2) Subject to section 4, this Act does not apply to a building, structure or vehicle, or a part of a building or structure, that is used as a private residence.
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The condo bylaws themselves can prohibit smoking on the balconies, but the city/provincial laws don't do it directly. At least that's the explanation I was given when dealing with this for my condo building's bylaws.