Non-smokers’ Health Act (R.S.C., 1985, c. 15 (4th Supp.))

Marginal note:Short title

1 This Act may be cited as the Non-smokers’ Health Act.

Marginal note:Definitions

• 2 (1) In this Act,

  cannabis

  cannabis has the same meaning as in subsection 2(1) of the Cannabis Act; (cannabis)

  designated smoking area

  designated smoking area means an area, other than an enclosed room, that is designated for smoking under subsection 3(2); (zone fumeurs)

  designated smoking room

  designated smoking room means an enclosed room that is designated for smoking under subsection 3(2); (fumoir)

  employee

  employee means a person who is employed by an employer; (employé)

  employer

  employer means a person who employs one or more persons in employment described in subsection 123(1) of the Canada Labour Code, or

  • (a) the Treasury Board, in relation to employees in any portion of the federal public administration specified in Schedule I or IV to the Financial Administration Act,

  • (b) a separate agency named in Schedule V to the Financial Administration Act, in relation to employees of that separate agency,

  • (c) the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service or office of the Parliamentary Budget Officer, in relation to their employees or the employees of a committee of the Senate or House of Commons, as the case may be, or

  • (d) a member of the Senate or House of Commons, in relation to employees on the staff of the member, including persons employed in the office of a Minister, or in relation to employees on the staff of a political party housed in accommodation provided by the Senate or House of Commons who are under the direction and control of the member; (employeur)

  inspector

  inspector means a person who is designated as an inspector under section 9; (inspecteur)

  smoke

  smoke means to smoke, hold or otherwise have control over an ignited tobacco product or ignited cannabis or to vape using a vaping product; (fumer)

  tobacco product

  tobacco product means any product manufactured from tobacco and intended for use by smoking; (produit à base de tabac)

  vaping product

  vaping product means

  • (a) a device that is intended to be used to simulate the act of smoking a tobacco product or cannabis and that emits an aerosol that is intended to be inhaled, including an electronic cigarette, an electronic cigar and an electronic pipe; and

  • (b) a device that is designated to be a vaping product by the regulations; (produit de vapotage)

  work space

  work space means any indoor or other enclosed space in which employees perform the duties of their employment, and includes any adjacent corridor, lobby, stairwell, elevator, cafeteria, washroom or other common area frequented by such employees during the course of their employment. (lieu de travail)

• Marginal note:Application outside Canada

  (2) This Act, except section 10, applies outside Canada in respect of a work space on an aircraft, train or motor vehicle being operated between Canada and another country by a Canadian, as defined in section 55 of the Canada Transportation Act, or a work space on a vessel registered or listed under the Canada Shipping Act, 2001 that is being operated between Canada and another country, to the extent that compliance with this Act within the territory of another jurisdiction does not result in the contravention of the laws of that jurisdiction.

• Marginal note:Non-application to foreign carriers

  (3) This Act does not apply in respect of a work space on an aircraft, train or motor vehicle being operated between Canada and another country by a person other than a Canadian, as defined in section 55 of the Canada Transportation Act or a work space on a ship registered under the laws of another country that is being operated between Canada and another country.

• Marginal note:Non-application to commuter trains

  (4) This Act does not apply in respect of a work space on a passenger train operated in commuter service by or for the account of the government of a province or an agency thereof.

Marginal note:Duty of employers

• 3 (1) Every employer, and any person acting on behalf of an employer, shall ensure that persons refrain from smoking in any work space under the control of the employer.

• Marginal note:Designation of smoking rooms and areas

  (2) An employer may, to the extent permitted by the regulations, designate for smoking

  • (a) enclosed rooms under the control of the employer other than rooms normally occupied by non-smokers; and

  • (b) areas under the control of the employer on an aircraft, train, motor vehicle or ship or in an airport passenger terminal, railway passenger station, interurban bus station or marine passenger terminal other than areas normally occupied by non-smokers.

• Marginal note:Exception

  (3) Notwithstanding subsection (1), an employer may require employees, by reason of the nature of their duties, to perform those duties in a room or area designated for smoking under subsection (2).

• Marginal note:Independent ventilation

  (4) Where an employer has designated a room for smoking under subsection (2) in a building or portion of a building the construction of which commenced before January 1, 1990, the employer shall, to the extent reasonably practicable, ensure that the room conforms to any requirements of the regulations respecting independent ventilation of designated smoking rooms.

• Marginal note:Idem

  (5) No employer shall designate a room for smoking under subsection (2) in a building or portion of a building the construction of which commenced after December 31, 1989 if the room fails to conform to any requirements of the regulations respecting independent ventilation of designated smoking rooms.

• Marginal note:Consultation

  (6) No employer shall designate a room or area for smoking under subsection (2) in a work place, other than on an aircraft, train, motor vehicle or ship that is carrying passengers, until after the employer has consulted with the work place committee or health and safety representative in respect of that work place or, if there is no such committee or representative, with the employees employed there.

• Marginal note:Expressions used in Canada Labour Code

  (7) In subsection (6), the expressions “work place committee”, “health and safety representative” and “work place” have the same meaning as in Part II of the Canada Labour Code.

Marginal note:Smoking prohibited

• 4 (1) No person shall smoke in any work space under the control of an employer except in a designated smoking room or designated smoking area.

• Marginal note:Notice

  (2) An employer shall, to the extent and in the manner required by the regulations, inform employees and members of the public of the prohibition imposed by subsection (1) and of the location of designated smoking rooms and designated smoking areas under the control of the employer.

Marginal note:Smoking areas on aircraft

• 5 (1) An employer may not designate an area for smoking under subsection 3(2) on an aircraft carrying passengers for hire or reward except

  • (a) on segments of a flight that are longer than two hours or such greater period as the regulations prescribe;

  • (b) on segments of a flight that includes a segment extending between Canada and a country other than the United States; or

  • (c) on a flight operated in accordance with a charter contract under which the cost of transportation of all passengers is paid by one person, company or organization and no charge or other financial obligation is imposed on a passenger as a condition of carriage or otherwise in connection with the transportation.

• Marginal note:Smoking areas on trains

  (2) An employer may not, in respect of a train carrying passengers, designate for smoking under subsection 3(2)

  • (a) areas comprising more than two thirds of the seating accommodation of any class;

  • (b) areas on more than two thirds of the cars providing a class of seating accommodation; or

  • (c) areas comprising more than two thirds of the sleeping car accommodation other than enclosed accommodation.

• Marginal note:Request to stop smoking

  (3) An employee who becomes aware that a passenger is smoking in contravention of section 4 on an aircraft, train, motor vehicle or ship operated by the employer of the employee shall request the passenger to refrain from smoking.

• Marginal note:Removal of passenger

  (4) Where a passenger fails to comply with a request made under subsection (3), the employer shall require the passenger to disembark at the next scheduled stop following the passenger’s failure to comply.

Marginal note:Saving

6 Nothing in section 4 or 5 affects the operation of any other Act of Parliament, any regulations made under any Act of Parliament, or any rule of law in relation to the protection of persons from exposure to tobacco or cannabis smoke or any emission from a vaping product.

Marginal note:Regulations

• 7 (1) The Governor in Council may make regulations

  • (a) respecting the size, number, proportionate floor space, location, use, number of occupants and other characteristics of rooms and areas that may be designated for smoking under subsection 3(2);

  • (a.1) designating any device to be a vaping product for the purpose of the definition vaping product;

  • (b) respecting the ventilation of designated smoking rooms;

  • (b.1) designating outdoor spaces or classes of outdoor spaces for the purpose of the definition work space;

  • (c) permitting the designation of the whole or any part of aircraft, trains, motor vehicles or ships as areas or rooms for smoking, either generally or on specified routes or in specified classes of service and, subject to subsection 5(2), prescribing the maximum proportion of accommodation of any class thereon that may be designated for smoking;

  • (d) respecting the maximum proportion of aircraft flights, train schedules, motor vehicle trips or ship voyages operated for hire or reward in passenger service in respect of which designated smoking areas or rooms may be provided during any specified travel period, either generally or on specified routes or in specified classes of service;

  • (e) prescribing, either generally or in respect of specified routes or specified classes of service,

    • (i) a period greater than two hours for the purposes of paragraph 5(1)(a), or

    • (ii) the minimum duration of an aircraft flight referred to in paragraph 5(1)(b) or (c), or of a flight not carrying passengers, in respect of which areas may be designated for smoking;

  • (f) requiring employers to inform employees and members of the public of the prohibition imposed by section 4 and of the location of designated smoking areas and designated smoking rooms, and respecting the manner of so informing them; and

  • (g) prescribing the form of tickets and informations for the purposes of section 14 and fixing the fine payable in proceedings under that section in respect of a first or a subsequent contravention of any provision of this Act, not exceeding the amount fixed by section 11 for such a contravention.

• Marginal note:Application of regulations

  (2) Regulations made pursuant to this section may be made applicable to all employers or to a class of employer and in respect of all work spaces or a class of work space.

Marginal note:Proceedings against Crown

8 Notwithstanding any other Act of Parliament, proceedings in respect of an offence under this Act may be brought against an employer that is an agent of Her Majesty in the employer’s own name, or against a person acting on behalf of such an employer, in the same manner as if that employer were a person not an agent of Her Majesty, and a fine imposed against the employer in such proceedings may be paid out of any funds held by the employer.

Marginal note:Provincial Crown corporations

8.1 The Governor in Council may by regulation direct that this Act applies in respect of any employment, or any class or classes of employment, on or in connection with a work or undertaking set out in the regulation that is, or is part of, a corporation that is an agent of Her Majesty in right of a province and whose activities are regulated, in whole or in part, pursuant to the Nuclear Safety and Control Act.

Marginal note:Exclusion from application

• 8.2 (1) The Governor in Council may by regulation exclude, in whole or in part, from the application of any or all of the provisions of this Act any employment, or any class or classes of employment, on or in connection with a work or undertaking set out in the regulation whose activities are regulated, in whole or in part, pursuant to the Nuclear Safety and Control Act.

• Marginal note:Regulations

  (2) On the recommendation of the Minister of Labour, the Governor in Council may make regulations respecting smoking in a workplace at which is carried on employment that is subject to a regulation made under subsection (1).

• Marginal note:Incorporation of provincial law

  (3) A regulation made under subsection (2) incorporating by reference, in whole or in part, an Act of the legislature of a province or an instrument made under such an Act may incorporate the Act or instrument as amended to a certain date or from time to time.

• Marginal note:Application of regulation

  (4) A regulation made under subsection (2) may apply

  • (a) generally, with respect to all employment that is subject to a regulation made pursuant to subsection (1); or

  • (b) to any class or classes of employment that are subject to a regulation made pursuant to subsection (1).

• Marginal note:Administration and enforcement

  (5) A regulation made under subsection (2) incorporating an Act or instrument shall, after consultation by the Minister of Labour with the appropriate provincial minister, be administered and enforced by the person or authority that is responsible for the administration and enforcement of the Act or instrument.

• Marginal note:Offence and penalty

  (6) Every person who contravenes a regulation made under subsection (2) by contravening a provision of an Act of the legislature of a province that, or an instrument made under such an Act that, is incorporated by the regulation is guilty of an offence against this Act and liable to the same punishment as is imposed by or under an Act of that legislature for the contravention of that provision.

• Marginal note:Procedure

  (7) The prosecution of an offence in respect of a contravention described in subsection (6) shall be commenced by the attorney general of the province in which the offence was committed.