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Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

Definitions and interpretation

1(1)The following definitions apply in this Act.

“employee” includes any person who is receiving instruction or training, or who is serving an apprenticeship. (employé)(employé)

“employer” includes any person who has control over or direction of, or is directly or indirectly responsible for, a person’s activities as an employee. (employeur)(employeur)

“enclosed public place” means all or any part of building or other enclosed place, other than a group living facility, to which members of the public have access as of right or by express or implied invitation, and includes (endroit public fermé)

(a) the common areas of multi-unit residential building,

(b) an outdoor bus or taxi shelter,

(c) an outdoor eating or drinking area referred to in subsection (2), and

(d) any other place prescribed by regulation. (endroit public fermé)

“group living facility” means (établissement où les gens vivent en groupe)

(a) a facility for the long-term care of veterans,

(b) a nursing home as defined in the Nursing Homes Act,

(c) a psychiatric facility as defined in the Mental Health Act,

(d) a residential facility in which care services are provided for adults and which are approved by the Minister of Social Development under the Family Services Act,

(e) a transition house approved by the Minister of Social Development under the Family Services Act, and

(f) any other place prescribed by regulation. (établissement où les gens vivent en groupe)

“indoor workplace” means an enclosed place, other than a vehicle, in which employees perform the duties of their employment and includes an adjacent corridor, lobby, stairwell, elevator, escalator, eating area, washroom, restroom or other enclosed area frequented by employees during the course of their employment, but does not include a private residence unless it meets the requirements of subsection (3). (lieu de travail intérieur)(lieu de travail intérieur)

“inspector” means an inspector designated or appointed under this Act. (inspecteur)(inspecteur)

“licensed premises” means an enclosed place in respect of which a licence or permit issued under the Liquor Control Act applies and to which members of the public have access. (établissement titulaire d’une licence)(établissement titulaire d’une licence)

“manager” means(gérant)

(a) with respect to a place or area, the person who controls, governs or directs the activities carried on in the place or area, and includes the owner of the place or area and a person who is actually in charge of the place or area, and

(b) with respect to a vehicle or ferry, means the registered owner of the vehicle or ferry, or operator of the vehicle or ferry at any particular time. (gérant)

“Minister” means the Minister of Health. (ministre)(ministre)

“public vehicle” means a motor vehicle or ferry that is used or made available for public transit or is used to transport members of the public, but only during any period that the vehicle is available for hire, including any break period. (véhicule public)(véhicule public)

“restaurant” includes any part of a coffee shop, cafeteria, sandwich stand, food court or other eating establishment that is located in an enclosed public place and is open to members of the public, whether or not it is licensed premises or a portion of licensed premises. (restaurant)(restaurant)

“smoke” means to smoke, hold or otherwise have control over an ignited tobacco product. (fumer)(fumer)

“tobacco product” means a product manufactured from tobacco and intended to be smoked. (produits de tabac)(produits du tabac)

1(2)An outdoor eating or drinking area that is part of or operated in conjunction with a restaurant or a licensed premises is an enclosed public place or an indoor workplace under this Act only if it meets the criteria established by regulation.

1(3)Subject to subsection (4), a private residence is an indoor workplace only if a home business is operated from the residence and the owner of the business employs employees who work in the residence but do not live in the residence.

1(4)Only that part of a private residence in which a home business is operated is an indoor workplace for the purposes of this Act.

2006, c.16, s.169; 2008, c.6, s.39

Application of Act

2(1)This Act binds the Crown.

2(2)Nothing in this Act affects the rights of aboriginal people respecting traditional aboriginal spiritual or cultural practices or ceremonies.

2(3)This Act does not apply to penitentiaries, federally regulated airports, Canadian Forces bases or to any other place or premises occupied by a federal work, undertaking or business as defined in the Canada Labour Code.

Smoking prohibited in certain places

3Except as provided in sections 4 and 5, no person shall smoke

(a) in an enclosed public place,

(b) in an indoor workplace,

(c) in a group living facility,

(d) in a public vehicle,

(d.1) in a vehicle while another person in the vehicle is under the age of 16 years,

(e) in a vehicle used in the course of employment, while carrying two or more employees, or

(f) on the grounds of a school.

2009, c.7, s.1

Exception for group living facilities

4An in-patient or resident of a group living facility may smoke in a separate room in the facility, but only if the separate room

(a) is designated as a smoking room by the manager of the facility, and

(b) conforms to such other requirements as may be prescribed by regulation.

Exception for hotel rooms

5A registered guest, and his or her invited guests, may smoke in a guest room of a hotel, motel, inn or bed and breakfast facility, but only if the guest room

(a) is designed primarily as sleeping accommodation,

(b) is designated as a smoking room by the manager,

(c) is fully enclosed by floor-to ceiling walls, a ceiling and doors that separate it physically from any adjacent area in which smoking is prohibited by the Act,

(d) has a separate ventilation system, and

(e) conforms to such other requirements as may be prescribed by regulation.

Transitional provision

6The requirement for a separate ventilation system under section 5 applies only to rooms that are constructed or substantially renovated after this section comes into force.

Managers and employers to ensure no smoking

7(1)The manager of a place, area or vehicle where smoking is prohibited under this Act shall ensure that no person smokes in that place, area or vehicle.

7(2)An employer shall ensure that no person smokes in a place, area or vehicle over which the employer has control other than in a place, area or vehicle where smoking is not prohibited under this Act.

Posting of signs

8(1)The manager of a place, area or vehicle where smoking is prohibited or where it is permitted under section 4 or 5 shall ensure that signs indicating that smoking is prohibited or permitted, as the case may be, are posted and continuously displayed in accordance with the regulations.

8(2)No person other than a manager or person acting under his or her instructions shall remove, alter, deface, conceal or destroy a sign that is posted or displayed under this Act.

Ashtrays not permitted

9(1)No manager shall permit any ashtrays or similar receptacle in any place or area where smoking is prohibited under this Act.

9(2)No employer shall permit any ashtrays or similar receptacle in any place or area of an indoor workplace over which the employer has control and in which smoking is prohibited under this Act.

Protection of employees

10An employer shall take reasonable precautions to ensure that the exposure of employees to smoke in a place where smoking is permitted under this Act is minimized.

Inspectors

11(1)The Minister may appoint or designate inspectors for the purpose of this Act.

11(2)The Minister shall issue to every inspector a certificate of appointment or designation and every inspector, in the execution of his or her duties under this Act or the regulations, shall produce his or her certificate upon request.

11(3)For the purpose of ensuring compliance with this Act and the regulations, an inspector may, at any reasonable time,

(a) enter and inspect any place, area or vehicle to which this Act applies and make such examinations and inquiries and conduct such tests as the inspector considers necessary or advisable,

(b) be accompanied and assisted by any person who, in the opinion of the inspector, has special knowledge or expertise,

(c) make enquiries of any person who is or was in a place, area or vehicle to which this Act applies,

(d) require the production of drawings, specifications, floor plans, maintenance records or other documents for a place to which this Act applies and may inspect, examine, copy or remove them,

(e) exercise such other powers as are prescribed by the regulations, and

(f) exercise such powers as are incidental to the powers set out in paragraphs (a) to (e).

11(4)No person shall obstruct, interfere with or fail to cooperate with an inspector in the execution of the inspector’s duties under this Act.

11(5)An inspector who removes documents under paragraph (3)(d) shall give a receipt for the items and return them as soon as possible after the making of copies or extracts.

Compliance order

12(1)Where an inspector finds that a manager or employer is not complying with a provision of this Act, the inspector may order the manager or employer to comply with the provision and may require the order to be carried out immediately or within such period of time as the inspector specifies.

12(2)An order made under subsection (1) shall indicate generally the nature and, where appropriate, the location of the non-compliance with this Act.

Offences

13(1)A person who violates or fails to comply with section 3 commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category C offence.

13(2)A person who violates or fails to comply with subsection 7(1) or (2), subsection 8(1) or (2), subsection 9(1) or (2) or an order of an inspector under this Act commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category E offence.

Administration of Act

14The Minister is responsible for the administration of this Act.

Regulations

15The Lieutenant-Governor in Council may make regulations

(a) designating any place for the purpose of the definition “enclosed public place”;

(b) designating any place for the purpose of the definition “group living facility”;

(c) prescribing criteria for outdoor eating or drinking areas that are enclosed public places or indoor workplaces;

(d) prescribing requirements for rooms in which smoking is permitted under section 4 or 5;

(e) respecting the posting of signs, and the size, colour, print or any other feature of such signs;

(f) prescribing the records to be kept by employers and managers for the purpose of ensuring compliance with this Act and the regulations;

(g) prescribing powers and duties of inspectors;

(h) defining any word or expression used but not defined in this Act;

(i) respecting any matter that the Lieutenant-Governor in Council considers necessary or advisable to carry out effectively the intent and purpose of this Act.

Consequential amendments

16Paragraph 11(1)(l.01) of the Municipalities Act, chapter M-22 of the Revised Statutes, 1973, is repealed.

Consequential amendments

17Subsection 24(1) of the Occupational Health and Safety Act, chapter O-0.2 of the Acts of New Brunswick, 1983, is amended by striking out the portion following paragraph (b) and substituting the following:

because the employee has sought the enforcement of this Act, the regulations or an order made in accordance with this Act or the regulations, or has acted in compliance with this Act, the regulations or an order made in accordance with this act or the regulations or has sought enforcement of the Smoke-free Places Act or the regulations or an order made under that Act as that Act or the regulations or orders under that Act relate to a place of employment under this Act.

Commencement

18This Act or any provision of it comes into force on a day or days to be fixed by proclamation.

N.B. This Act was proclaimed and came into force October 1, 2004.

N.B. This Act is consolidated to September 1, 2011.

S-9.5 - Smoke-free Places Act

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