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Statutes of Newfoundland 1993


CHAPTER S-16

CHAPTER S-16.1

AN ACT RESPECTING A SMOKE-FREE
ENVIRONMENT IN THE WORKPLACE AND IN PUBLIC PLACES IN THE PROVINCE

(Assented to December 17, 1993)

Analysis

1. Short title

2. Definitions

3. Prohibition

4. Designated smoking area

5. Exclusions

6. Duty of employers

7. Signs required

8. Inspectors

9. Orders by inspectors

10. Prohibition

11. Offence

12. Regulations

13. Conflict with other Acts

14. Binding on the Crown

15. Commencement

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


Short title

1. This Act may be cited as the Smoke-free Environment Act.

Definitions

2. In this Act

(a) "designated smoking area" means an area other than an enclosed room, that is designated for smoking under section 4;

(b) "designated smoking room" means an enclosed room that is designated for smoking under section 4;

(c) "employee" means a person who is employed by an employer and includes a person whose services are contracted for by an employer;

(d) "employer" means a person who employs 1 or more employees or who contracts for the services of 1 or more persons;

(e) "food establishment" means a place where food is prepared, sold, offered for sale or stored whether or not the food establishment is a licensed premises;

(f) "inspector" means a person who is designated as an inspector under section 8;

(g) "owner" means the owner of a public place and includes the person who has responsibility for and control over the activities of a public place;

(h) "public place" means a place that is normally open to members of the public and located in an enclosed area and includes

(i) that part of

(A) an office building, or

(B) a retail store or other commercial establishment,

that is normally open to members of the public,

(ii) a part of a health care facility that is normally open to patients or members of the public,

(iii) a part of a day care centre or nursery school that is normally open to children or members of the public,

(iv) a part of an educational institution or educational facility that is normally open to students or members of the public,

(v) a part of a food establishment, whether or not the food establishment is a licensed premises or a portion of a licensed premises, that is normally open to members of the public,

(vi) in the case of premises licensed under the Liquor Control Act that are not and do not contain a food establishment, the part of the licensed premises that is normally open to members of the public,

(vii) in the case of a licensed premises containing a food establishment, the part of the licensed premises, other than the food establishment portion, that is normally open to members of the public, or

(viii) a vehicle designed or used for carrying passengers for compensation;

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

(j) "tobacco product" means a product manufactured from tobacco and intended to be smoked; and

(k) "workplace" means an indoor or other enclosed space in which employees perform the duties of their employment, and includes an adjacent corridor, lobby, stairwell, elevator, cafeteria, washroom or other common area frequented by the employees during the course of their employment.

Prohibition

3. A person shall not smoke in a workplace or in a public place.

Designated smoking area

4. (1) Notwithstanding section 3, the owner of a public place may designate a smoking area on the premises of a public place which shall not exceed 20% of the seating or other area normally occupied by the public.

(2) The owner of a public place may designate a smoking room on the premises of a public place.

(3) Notwithstanding subsection (1), the size of a smoking area or room designated under this section for a food establishment or licensed premises shall not exceed 50% of the total seating area and shall be in 1 continuous area.

(4) The owner of a public place shall ensure, to the best of his or her ability, that smoking occurs only in the designated smoking area or designated smoking room.

Exclusions

5. Notwithstanding subsection 4(1), a smoking area or a room shall not be designated in

(a) a day care centre or nursery school;

(b) a primary, elementary or secondary school;

(c) an acute health care facility;

(d) a retail store;

(e) a recreational facility; or

(f) a vehicle designed or used for carrying passengers for compensation.

Duty of employers

6. (1) An employer, and a person acting on behalf of an employer, shall ensure that a person refrains from smoking in a workplace under the control of the employer other than in a designated smoking room.

(2) Notwithstanding section 3 and subsection (1), an employer may, as prescribed by regulation, designate for smoking enclosed rooms under the control of the employer other than rooms normally occupied by non-smokers.

(3) Where an employer has designated a room for smoking under subsection (2) in an existing building or portion of a building, the employer shall, to the extent reasonably practicable, ensure that the room conforms to the requirements of the regulations respecting independent ventilation of designated smoking rooms.

Signs required

7. (1) An employer shall post and keep posted those signs that may be prescribed respecting smoking in a workplace.

(2) An employer shall post signs that identify designated smoking rooms in a workplace.

Inspectors

8. (1) The Minister of Health may appoint inspectors to inspect a public place to ensure compliance with this Act.

(2) The Minister of Employment and Labour Relations may appoint inspectors to inspect a workplace to ensure compliance with this Act.

(3) For the purpose of subsections (1) and (2), an inspector,

(a) may enter a workplace or public place, other than a private dwelling, at a reasonable time without warrant or notice;

(b) may require the production of drawings, specifications or floor plans for a workplace or public place, other than a private dwelling, and may inspect, examine and copy them; and

(c) may make inquiries of a person who is or was in a workplace or public place.

(4) A person shall not obstruct or interfere with an inspector in the execution of the inspector's duties under this section.

Orders by inspectors

9. (1) Where an inspector finds that an employer or owner of a public place is not complying with section 4 or 6, the inspector may order the employer or owner, or a person whom the inspector believes to be in charge of the workplace or public place, to comply with the provision and may require the order to be carried out immediately or within the period of time that the inspector specifies.

(2) An order made under subsection (1) shall indicate generally the nature and, when appropriate, the location of the non-compliance.

Prohibition

10. (1) An employer, or person acting on behalf of an employer,

(a) shall not dismiss or threaten to dismiss an employee;

(b) shall not discipline or suspend an employee or threaten to do so;

(c) shall not impose a penalty upon an employee; or

(d) shall not intimidate or coerce an employee,

because the employee has acted in accordance with or has sought the enforcement of this Act.

(2) Sections 49 and 50 of the Occupational Health and Safety Act apply, with the necessary changes, when an employee complains that subsection (1) has been contravened.

Offence

11. (1) A person who fails to comply with this Act is guilty of an offence.

(2) On summary conviction for an offence,

(a) a person who is not an employer or owner is liable to a fine of not less than $50 and not more than $500; and

(b) a person who is an employer or owner is liable to a fine of not less than $500 and not more than $5,000.

Regulations

12. The Lieutenant-Governor in Council may make regulations

(a) prescribing signs and providing for their use;

(b) respecting independent ventilation of a designated smoking room or area in a public place or in a workplace; and

(c) generally to give effect to the purpose of this Act.

Conflict with other Acts

13. (1) Where this Act conflicts with another Act or a regulation, or a municipal or city by-law, respecting smoking in a workplace or public place, the provision that is the more restrictive of smoking prevails.

(2) A municipality or city may pass by-laws respecting smoking in a workplace or in a public place.

Binding on the Crown

14. This Act binds the Crown.

Commencement

15. This Act comes into force 6 months after the day on which it receives Royal Assent.

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