Your Community

New tobacco laws will make your community a healthier place to live.  There will be greater protection from the harmful effects of secondhand smoke.  Sale of tobacco and tobacco products will be banned in some locations, and youth will not be exposed to displays of tobacco and advertising of cigarettes.

The new tobacco laws set a minimum standard that all facilities in your community must meet.  Your municipality, health authority, post-secondary institution, or community centre may have more restrictive requirements in place

Q. Where will tobacco and tobacco products no longer be sold?
Q.Will pharmacies be able to sell tobacco?
Q. Where has smoking been banned?
Q. How are community living facilities affected?
Q. Has smoking been banned on outdoor patios of restaurants?
Q. Are there any exemptions to the ban on smoking?
Q. Are legions, casinos, bingo halls or private clubs exempted from the smoking ban?
Q. Where does the buffer zone apply?
Q. Are business owners responsible for enforcing the buffer zone outside their doorway, when the door opens onto public property?
Q. There is a hookah bar in my neighbourhood. How will this affect that local business?
Q. What changes will I see in my local retail stores that currently sell tobacco?
Q. Are there other Canadian provinces/territories that have complete bans on indoor smoking (i.e. no designated smoking rooms allowed)?
Q. Who do I make a complaint to if I find someone smoking where they should not be smoking?

Where will tobacco and tobacco products no longer be sold?
Tobacco and tobacco products will no longer be sold at the following locations:

• anywhere at hospitals or other health care services;
• anywhere on public post-secondary campuses;
• in any building that is owned or leased by the provincial government or a Crown agency;
• in any building owned or leased by your local government for athletic or recreational purposes, such as your community recreational facility; and
• in libraries.

Will pharmacies be able to sell tobacco?
Yes, pharmacies (not located on health authority property) can continue to sell tobacco, because they do not meet the definition of a health care service.

Where has smoking been banned?
Smoking will no longer be permitted in any indoor public place or a workplace.

Smoking will no longer be permitted within 3 metres of public or workplace doorways, opening windows, or air intakes (i.e. a buffer zone).

Transit shelters will be smoke-free (but the buffer zone does not apply to transit shelters).

How are community living facilities affected?
Residents or persons in care of facilities licensed or registered under the Community Care and Assisted Living Act, and patients  in extended care facilities or private hospitals (refer to Sec 1 and Part 2 of the Hospital Act) will be able to smoke in designated smoking rooms (DSR)).  Staff and visitors will not be able to smoke in these rooms.  Operators are not obligated to build a DSR.  If DSRs are provided, they must meet WorkSafe standards.

They can of course also smoke outside, or in protected areas outside, provided that the areas are not considered to be fully or substantially enclosed.  The 3 metre buffer zone will also apply to any doorways, opening windows or air intakes.

Has smoking been banned on outdoor patios of restaurants?
The Act does not ban smoking on outdoor patios.  It bans smoking in public places and workplaces that are fully or substantially enclosed.  Smoking is allowed on a hospitality patio, provided the patio is not fully or substantially enclosed.

Municipalities can bring more stringent restrictions into force and those restrictions will apply. Many municipalities have already or are proposing a total ban on smoking on patios of restaurants and bars.

Are there any exemptions to the ban on smoking?
There will be two situations where the ban on smoking will not apply:

Residents or persons in care of facilities licensed or registered under the Community Care and Assisted Living Act, and patients  in extended care facilities or private hospitals (refer to Sec 1 and Part 2 of the Hospital Act) will be able to smoke in designated smoking rooms (but staff and visitors will not be able to smoke there).

Hotel rooms will also be exempt from this ban, but not the common areas of hotels.

Municipalities or health authorities may have more stringent restrictions in place for care facilities and those restrictions would apply.

Are legions, casinos, bingo halls or private clubs exempt from the smoking ban?
No, these establishments are not exempt from the smoking ban.  Prohibiting smoking provides a level playing field with other hospitality establishments in our province and protects people from the hazards of second-hand smoke.

Where does the buffer zone apply?
The 3 metre buffer zone applies to all public places and work places, such as your shopping mall, library, and office buildings.  The area around all doorways, windows that open, and all air intakes cannot be used as an area to smoke.  This protects against smoke entering the building, and protects people as they enter or exit the building.

The buffer zone will not apply to hospitality sector patios where smoking can occur, provided that the door between the patio and building remains closed except when entering or exiting the patio; and provided the windows and air intakes between the patio and building remain closed at all time.

The buffer zone will not apply to transit shelters.

Are business owners responsible for enforcing the buffer zone outside their doorway, when the door opens onto public property?
Business owners are required to take reasonable steps to prevent people from smoking on their property. This does not apply to public property such as sidewalks, unless the person is within the control of the owner, or an employee.

There is a hookah bar in my neighbourhood. How will this affect that local business?
Hookah bars will not be allowed to use tobacco or tobacco blends within enclosed or substantially enclosed bars.

What changes will I see in my local retail stores that currently sell tobacco?
All tobacco retailers will no longer be able to display tobacco.  It must remain out of sight of minors in their stores.

In addition, advertising of tobacco will no longer be permitted inside stores, except in very limited ways.  For further information, please click on the Businesses link on the left-hand side navigation bar.

Are there other Canadian provinces/territories that have complete bans on indoor smoking (i.e. no designated smoking rooms allowed)?
Yes, nine jurisdictions have complete indoor smoking bans in place – Saskatchewan, Manitoba, Ontario, Quebec, Newfoundland/Labrador, New Brunswick, Nova Scotia, Nunavut, and Northwest Territories.  Alberta recently introduced legislation that will also result in a complete ban on indoor smoking.

Who do I make a complaint to if I find someone smoking where they should not be smoking?
After March 31, 2008, you can complain to the person in charge of the space (e.g. business owner), or to your regional Health Authority.

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