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Copyright © 2006: Queen’s Printer,
St. John's, Newfoundland and Labrador, Canada

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Newfoundland and Labrador
Regulation 2005


NEWFOUNDLAND AND LABRADOR REGULATION 54/05

NEWFOUNDLAND AND LABRADOR
REGULATION 54/05

Smoke-free Environment Regulations, 2005
under the
Smoke-free Environment Act, 2005
(O.C. 2005-397)

(Filed June 29, 2005)

Under the authority of section 11 of the Smoke-free Environment Act, 2005, the Lieutenant-Governor in Council makes the following regulations.

Dated at St. John’s, June 29, 2005.

Robert C. Thompson
Clerk of the Executive Council

REGULATIONS

Analysis


        1.   Short title

        2.   Definitions

        3.   Sign

        4.   Symbols

        5.   Public to be informed

        6.   Ventilation

        7.   Sign and system requirement

        8.   Exemption

        9.   NLR 54/98 Rep.

      10.   Commencement


Short title

        1. These regulations may be cited as the Smoke-free Environment Regulations, 2005.

Definitions

        2. In these regulations

             (a)  "Act" means the Smoke-free Environment Act, 2005; and

             (b)  "independent mechanical ventilation system" means equipment that provides fresh air to and exhausts air from a public place or workplace so that no amount of air that is exhausted from a designated smoking room is permitted to return to a public place or workplace.

Sign

        3. (1) An employer shall, by posting clearly visible signs, inform all employees in a workplace under the control of the employer

             (a)  that smoking is prohibited in all work spaces except in designated smoking rooms; and

             (b)  of the location of all rooms that are designated smoking rooms.

             (2)  Where an employer is in control of a workplace to which the public is admitted, the employer shall, by means of a clearly visible sign posted at each entrance to the workplace used by the public inform members of the public who enter the workplace that smoking is prohibited.

             (3)  Notwithstanding subsection (2) and section 5 a facility to which subsection 4(2) of the Act applies shall post clearly visible signs stating

             (a)  that smoking is prohibited except for residents in designated smoking rooms; and

             (b)  the location of all rooms that are designated smoking rooms.

Symbols

        4. (1) Where by a section of these regulations a sign is required, the sign shall use one of the following graphic symbols to indicate "No Smoking" or "Designated Smoking Room".

No Smoking

Designated Smoking

No Smoking Symbol

Designated Smoking Room Symbol

             (2)  Notwithstanding that the symbols described in subsection (1) include a cigarette, they shall be considered to refer to the smoking or non-smoking of any tobacco product.

Public to be informed

        5. An owner of a public place shall, by means of clearly visible signs, inform members of the public who enter that public place that smoking is prohibited.

Ventilation

        6. (1) A designated smoking room shall have an independent mechanical ventilation system and the employer or owner responsible for that room shall ensure that

             (a)  the positioning of the intake or exhaust openings provides for the removal of the smoke from the designated smoking room in an effective, efficient manner and prevents smoke movement into adjoining rooms;

             (b)  the system is maintained and monitored in accordance with the manufacturer’s requirements, but in no case shall the maintenance interval exceed 6 months;

             (c)  records of maintenance are maintained and available on demand to inspectors designated under the Act and maintenance records shall be kept for a minimum of 2 years;

             (d)  the volume of air supplied and the rate of exchange of air is determined with consideration to the size and expected occupancy of the designated smoking room, subject to the minimum requirements of subsection (2); and

             (e)  the rate of exchange of air is at least

                      (i)  where the occupancy of the designated smoking room is not more than 5 persons and their use of that room is occasional, not less than 6 air changes per hour, and

                     (ii)  where the occupancy of the designated smoking room exceeds 5 persons or the room is utilized regularly, not fewer than 10 changes per hour.

             (2)  The volume of air supplied in a designated smoking room shall be of a flow volume that is not less than 14 litres per second or 29.7 cubic feet per minute of air supplied for each occupant.

             (3)  Smoking shall not be permitted in a designated smoking room unless there is an independent mechanical ventilation system as required under this section.

Sign and system requirement

        7. An employer or owner responsible for a workplace or public place shall ensure that signs and independent mechanical ventilation systems required under these regulations are posted and installed.

Exemption

        8. An event for which a licence has been issued under section 14 of the Liquor Licensing Regulations shall be exempt from the application of the Act and these regulations where that event is not held in a building or other enclosed space.

NLR 54/98 Rep.

        9. The Smoke-free Environment Regulations, Newfoundland and Labrador Regulation 54/98, are repealed.

Commencement

      10. These regulations come into force on July 1, 2005.