Acts and Regulations

2011, c.222 - Smoke-free Places Act

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Document at 17 August 2015
2011, c.222
Smoke-free Places Act
Deposited May 13, 2011
Definitions and interpretation
1(1)The following definitions apply in this Act.
“electronic cigarette” means a vaporizer or inhalant-type device, whether called an electronic cigarette or any other name, that contains a power source and heating element designed to heat a substance and produce a vapour intended to be inhaled directly through the mouth by the user of the device, whether or not the vapour contains nicotine.(cigarette électronique)
“employee” includes any person who is receiving instruction or training, or who is serving an apprenticeship.(employé)
“employer” includes any person who has control over or direction of, or who is directly or indirectly responsible for, a person’s activities as an employee.(employeur)
“enclosed public place” means all or any part of a 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 multiunit residential building,
(b) an outdoor bus or taxi shelter,
(c) an outdoor eating or drinking area referred to in subsection (2),
(c.1) a place that is more than 70% enclosed by a wall or a roof or a combination of the two, and
(d) any other place prescribed by regulation.
“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 approved by the Minister of Social Development under the Family Services Act are provided for adults,
(e) a transition house approved by the Minister of Social Development under the Family Services Act, and
(f) any other place prescribed by regulation.
“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)
“inspector” means an inspector designated or appointed under this Act.(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)
“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, the registered owner of the vehicle or ferry, or the operator of the vehicle or ferry at any particular time.
“Minister” means the Minister of Health.(ministre)
“outdoor public place” means an outdoor place to which members of the public have access as of right or by express or implied invitation.(endroit public extérieur)
“playground equipment” includes, but is not limited to, slides, swings, climbing structures, splash pads, wading pools and sandboxes.(matériel pour terrains de jeux)
“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)
“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 a licensed premises or a portion of a licensed premises.(restaurant)
“smoke” means (fumer)
(a) to smoke, hold or otherwise have control over an ignited tobacco product,
(b) to inhale or exhale vapour from an electronic cigarette or to hold or otherwise have control over an activated electronic cigarette, or
(c) to inhale or exhale vapour from a water pipe or to hold or otherwise have control over an activated water pipe.
“sports area” includes, but is not limited to, beaches, sports fields, sports courts, skateboard parks, skating rinks, swimming pools and spectator stands, but does not include golf courses.(aire d’activités sportives)
“tobacco product” means a product manufactured from tobacco and intended to be smoked.(produits du tabac)
“wall” or “roof” means a barrier of any size that is capable of excluding rain, including a moveable barrier, whether in use or not, and a window or door, whether open or closed.(mur)(toit)
“water pipe” means a pipe or inhalant-type device, whether called a water pipe or any other name, that contains a water reservoir designed to heat a substance and produce a vapour intended to be inhaled directly through the mouth by the user of the device, whether or not the vapour contains nicotine or a tobacco product.(pipe à eau)
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 if food or drink is served there or entertainment is offered there.
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.
2004, c.S-9.5, s.1; 2006, c.16, s.169; 2008, c.6, s.39; 2015, c.34, s.1
Application
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 any other place or premises occupied by a federal work, undertaking or business as defined in the Canada Labour Code.
2004, c.S-9.5, s.2
Smoking prohibited in certain places
3No person shall smoke
(a) in an enclosed public place,
(b) in an indoor workplace,
(c) within 3 m of any point on the perimeter of an outdoor eating or drinking area referred to in subsection 1(2),
(d) within 9 m of a door, an air intake or a window of an enclosed public place or an indoor workplace,
(e) in a provincial park as defined in the Parks Act,
(f) in a group living facility,
(g) in a public vehicle,
(h) in a vehicle while another person in the vehicle is under the age of 16 years,
(i) in a vehicle used in the course of employment, while carrying two or more employees,
(j) on the grounds of a school,
(k) in an area of an outdoor public place on which playground equipment is situated, in a sports area of an outdoor public place or within 20 m of any point on the perimeter of the playground equipment or the sports area, or
(l) on a trail of an outdoor public place or within 9 m of the trail.
2004, c.S-9.5, s.3; 2009, c.7, s.1; 2015, c.34, s.2
Exception for group living facilities
4Despite paragraphs 3(b), (d), (f), (k) and (l), an 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.
2004, c.S-9.5, s.4; 2015, c.34, s.3
Exception for hotel rooms
5(1)Despite paragraphs 3(a), (b), (d), (k) and (l), a 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.
5(2)The requirement for a separate ventilation system under subsection (1) applies only to rooms that are constructed or substantially renovated on or after October 1, 2004.
2004, c.S-9.5, s.5, 6; 2015, c.34, s.4
Exception for private residences
2015, c.34, s.5
5.1Despite paragraphs 3(d), (k) and (l), smoking is permitted
(a) in a private residence, and
(b) on the land on which a private residence is situated, unless the private residence is a multiunit residential building.
2015, c.34, s.5
Exception for provincial parks
2015, c.34, s.5
5.2Despite paragraphs 3(d), (e), (k) and (l), smoking is permitted in a provincial park but only in an area that is
(a) an occupied campsite,
(b) a golf course, or
(c) designated as a smoking area by the Minister as defined in the Parks Act.
2015, c.34, s.5
Exception for campgrounds
2015, c.34, s.5
5.3If a campground is not a provincial park as defined in the Parks Act, paragraphs 3(d), (k) and (l) do not apply to an area of the campground that is an occupied campsite.
2015, c.34, s.5
Exception for areas separated by a road
2015, c.34, s.5
5.4Paragraphs 3(d), (k) and (l) do not apply to an area that a road separates from the enclosed public place, indoor workplace, playground equipment, sports area or trail.
2015, c.34, s.5
Managers and employers to ensure no smoking
6(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.
6(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.
2004, c.S-9.5, s.7
Posting of signs
7(1)The manager of a place, area or vehicle where smoking is prohibited or where it is permitted under section 4 or subsection 5(1) 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.
7(2)No person other than a manager or a person acting under his or her instructions shall remove, alter, deface, conceal or destroy a sign that is posted or displayed under this Act.
2004, c.S-9.5, s.8
Ashtrays not permitted
8(1)No manager shall permit any ashtray or similar receptacle in any place or area where smoking is prohibited under this Act.
8(2)No employer shall permit any ashtray 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.
2004, c.S-9.5, s.9
Protection of employees
9An 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.
2004, c.S-9.5, s.10
Inspectors
10(1)The Minister may appoint or designate inspectors for the purpose of this Act.
10(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 on request.
10(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,
(d.1) require the production of a valid government-issued identification document, bearing a photograph of the person offering it, of any person who is or was in a place, area or vehicle where smoking is prohibited under this Act,
(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).
10(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.
10(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.
2004, c.S-9.5, s.11; 2015, c.34, s.6
Compliance order
11(1)If 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.
11(2)An order made under subsection (1) shall indicate generally the nature and, if appropriate, the location of the noncompliance with this Act.
2004, c.S-9.5, s.12
Offences
12(1)A person who violates or fails to comply with section 3 commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category C offence.
12(2)A person who violates or fails to comply with subsection 6(1) or (2), subsection 7(1) or (2), subsection 8(1) or (2), subsection 10(4) or an order of an inspector under this Act commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category E offence.
2004, c.S-9.5, s.13; 2015, c.34, s.7
Administration
13The Minister is responsible for the administration of this Act.
2004, c.S-9.5, s.14
Regulations
14The 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 subsection 5(1);
(e) respecting the posting of signs, and the size, colour, print or any other feature of the 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 in but not defined in this Act for the purposes of this Act, the regulations or both;
(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.
2004, c.S-9.5, s.15
N.B. This Act was proclaimed and came into force September 1, 2011.
N.B. This Act is consolidated to July 1, 2015.