Legal News

Expanded Smoking Bans now in Force

As of March 31, 2008, new Provincial anti-smoking prohibitions came into force pursuant to Bill 10, the Tobacco Sale (Banning Tobacco and Smoking in all Public Places and Schools) Amendment Act. Smoking is now prohibited in all public buildings, workplaces and other prescribed areas such as transit shelters. Smoking is also banned within three meters of any doorway, window or air intake of public buildings and workplaces.

Sale of tobacco is banned in certain public places, including hospital and other health care services sites, public universities, post-secondary institutions, and public recreational facilities. Display and advertising of tobacco products by retailers is also restricted under the legislation.

The smoking bans do not apply to the ceremonial use of tobacco in traditional aboriginal cultural activities, designated smoking rooms for residents in a community care facility, assisted living residence or hospital, and the private accommodations of hotel guests. There are also exceptions for smoking on patios of restaurants, pubs, casinos, and bingo halls as long as the patio is not fully enclosed and the doors and windows between the building and the patio remain closed.

If persons are found to be in violation of the smoking bans, owners, employers and managers are deemed liable, unless they can establish they exercised reasonable care and diligence to prevent the contravention.

(Click here for link to Bill 10)