Marginal note:Short title

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

Marginal note:Definitions

• 2 (1) In this Act,

  designated smoking area

  zone fumeurs

  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

  fumoir

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

  employee

  employé

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

  employer

  employeur

  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 or Parliamentary Protective Service, 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

  inspecteur

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

  smoke

  usage du tabac

  smoke means to smoke, hold or otherwise have control over an ignited tobacco product; (usage du tabac)

  tobacco product

  produit à base de tabac

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

  work space

  lieu de travail

  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.