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Statutes of Newfoundland 2000


Statutes of Newfoundland 2000 Chapter 23

CHAPTER 23

AN ACT TO AMEND THE SMOKE-FREE ENVIRONMENT ACT

(Assented to December 14, 2000)

Analysis

1. S.5 Amdt.
Exclusions

2. S.6 Amdt.
Duty of employers

3. S.8 Amdt.
Inspectors

4. S.12 R&S
Regulations

5. Commencement

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


SN1993 cS-16.1
as amended

1. Section 5 of the Smoke-free Environment Act is amended by renumbering it as subsection 5(1) and by adding immediately after that subsection the following:

(2) Notwithstanding section 4, a person shall not smoke in a food establishment specified in the regulations.

(3) Notwithstanding section 4, the Lieutenant-Governor in Council may, by regulation, establish public places where a person shall not smoke because those places are open to persons who are under the age of majority.

 

2. Section 6 of the Act is amended by adding immediately after subsection (3) the following:

(4) Where subsection 5(2) applies, an owner, employer and a person acting on behalf of an owner or employer shall ensure that a person refrains from smoking in a food establishment in accordance with that subsection.

 

3. Subsection 8(3) of the Act is amended by adding immediately after paragraph (a) the following

(a.1) may commence proceedings, which may be in the form of a ticket issued under the Provincial Offences Act, in respect of a violation of this Act;

 

4. Section 12 of the Act is repealed and the following substituted

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;

(c) defining a term that is not otherwise defined in the Act;

(d) exempting buildings or parts of buildings from the application of this Act;

(e) respecting the prohibition of smoking in food establishments at specified times and in specified types of food establishments; and

(f) establishing those public places where smoking shall be prohibited for the purpose of subsection 5(3).

Commencement

5. This Act shall come into force on January 1, 2002.

 

 

 

 

 

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