A property-wide smoking ban at Mayfair Shopping Centre is well-intentioned, officials say, but not sparked by Capital Regional District bylaws.

The shopping centre has sandwich boards at mall entrances saying that under a CRD bylaw, smoking is not permitted anywhere on the shopping centre's property.

But neither the CRD bylaw nor provincial regulations prohibit tobacco smoking in parking lots, says Dianne Stevenson, Vancouver Island Health Authority regional manager of tobacco.

"The CRD bylaw itself doesn't have any restrictions as to outdoor areas other than where people are eating or drinking," she said.

The provincial Tobacco Control Act does prohibit people from smoking within three metres of a building's doors or windows but not beyond that, she said. The CRD bylaw prohibits smoking on outdoor patios where people are eating or drinking, such as at the mall's Starbucks, she said.

Any business can decide smoking regulations for its own land as long as they adhere to CRD and provincial regulations, Stevenson said, adding she supports the shopping centre's property-wide ban.

"Having said that, their having made reference to the bylaw certainly was done with no consultation with us," Stevenson said.

CRD chairman Geoff Young, meanwhile, said the region has enough image problems without taking it on the chin for restrictions that aren't of its making.

"It's a tricky legal question. I'm not sure to the extent we control people citing our bylaw if the citation is incorrect," Young said.

He said the CRD is careful to ensure it has solid public support, especially when it considers regulatory moves such as extending smoking bans. Directors want to ensure any new regulations are a result of health concerns.

Lorna Park, general manager of the shopping centre, said in an e-mail the property-wide no-smoking policy has been in place for a year, and while it's difficult to enforce, security do their best. Asked about the reference to the CRD bylaw, she said she would have the sign reviewed.

bcleverley@tc.canwest.com