22

 


 

Third Session, 48th General Assembly

67 Elizabeth II, 2018

BILL 22

AN ACT TO AMEND THE SMOKE-FREE ENVIRONMENT ACT, 2005

Received and Read the First Time................................................................

Second Reading............................................................................................

Committee.....................................................................................................

Third Reading...............................................................................................

Royal Assent.................................................................................................

HONOURABLE LISA DEMPSTER

Minister of Children, Seniors and Social Development

Ordered to be printed by the Honourable House of Assembly

 

 

EXPLANATORY NOTES

              This Bill would amend the Smoke-free Environment Act, 2005 so that it applies to smoking cannabis.


A BILL

AN ACT TO AMEND THE SMOKE-FREE ENVIRONMENT ACT, 2005

Analysis


        1.   S.2 Amdt.
Definitions

        2.   S.4 Amdt.
Prohibition

        3.   S.5 R&S
Designated rooms

        4.   S.6 Amdt.
Signs required

        5.   S.11 Amdt.
Regulations

        6.   NLR 54/05 Amdt.

        7.   Commencement


Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

SNL2005 cS-16.2
as amended

        1. (1) Section 2 of the Smoke-free Environment Act, 2005 is amended by renumbering paragraph (a.1) as paragraph (a.2) and adding immediately before that paragraph the following:

         (a.1)  "cannabis" means cannabis as defined in the Cannabis Control Act;             

             (2)  Subparagraph 2(b.2)(i) of the Act is repealed and the following substituted:

                      (i)  for use in an e-cigarette that, on being heated, produces a vapour, regardless of whether the solid, liquid or gas contains nicotine or cannabis, and

             (3)  Paragraph 2(e) of the Act is repealed and the following substituted:

             (e)  "facility" means a facility described in subsection 5(4);

             (4)  Subparagraph 2(l)(i) of the Act is repealed and the following substituted:

                      (i)  to smoke, hold or otherwise have control over an ignited tobacco product or ignited cannabis,

 

        2. Subsection 4(2) of the Act is repealed.

 

        3. Section 5 of the Act is repealed and the following substituted:

Designated rooms

        5. (1) In subsection (2),

             (a)  "smoking" means to smoke, hold or otherwise have control over an ignited tobacco product; and

             (b)  "e-cigarette use" means to

                      (i)  inhale or exhale vapour from an e-cigarette that has in it an e-substance which does not contain cannabis, or

                     (ii)  to hold or otherwise have control over an activated e-cigarette that has in it an e-substance which does not contain cannabis.

             (2)  Notwithstanding paragraph 4(1)(a), in a workplace that is

             (a)  a remote worksite as designated by the regulations;

             (b)  an underground mining operation; or

             (c)  a marine installation or structure as defined in subsection 205.001(1) of the Canada-Newfoundland and Labrador Atlantic Accord Implementation Act (Canada),

an employer may, in accordance with the regulations, designate one or more enclosed rooms that are under that employer's control as designated smoking rooms or designated e-cigarette use rooms for employees.

             (3)  In subsections (4) to (7),

             (a)  "smoking" means to smoke, hold or otherwise have control over an ignited tobacco product or ignited cannabis; and

             (b)  "e-cigarette use" means to inhale or exhale vapour from an e-cigarette or to hold or otherwise have control over an activated e-cigarette.

             (4)  Notwithstanding paragraphs 4(1)(a) and (d), in a facility that

             (a)  provides long term care, including a long term care facility located within an acute care facility; or

             (b)  is a psychiatric facility or unit,

an operator may, in accordance with the regulations, designate one or more enclosed rooms that are under that operator's control as designated smoking rooms or designated e-cigarette use rooms for residents of that facility.

             (5)  An employer or operator and a person acting on behalf of either shall ensure that persons refrain from smoking or using an e-cigarette in a

             (a)  workplace referred to in subsection (2); or

             (b)  facility referred to in subsection (4),

under that employer's or operator's control other than in a room designated for that purpose under subsection (2) or (4).

             (6)  A room that is normally used or occupied by non-smokers shall not be made a designated smoking room.

             (7)  A room that is normally used or occupied by non e-cigarette users shall not be made a designated e-cigarette use room.

 

        4. Subsection 6(2) of the Act is repealed and the following substituted:

             (2)  An employer or operator shall post signs that identify designated smoking rooms and designated e-cigarette use rooms in a workplace referred to in subsection 5(2) and a facility referred to in subsection 5(4).

 

        5. Paragraph 11(b.1) of the Act is repealed and the following substituted:

         (b.1)  designating a worksite as a remote worksite for the purpose of subsection 5(2);

NLR 54/05 Amdt.

        6. Subsection 4(2) of the Smoke-free Environment Regulations, 2005 is repealed and the following substituted:

             (2)  Notwithstanding that the symbol described in paragraph (1)(a) includes a cigarette, it shall be considered to refer to the smoking of any tobacco product, cannabis, vapour product or non-tobacco shisha product.

Commencement

        7. This Act, or a section, subsection, paragraph or subparagraph of this Act, comes into force on a day or days to be proclaimed by the Lieutenant-Governor in Council.