This is an official version. Copyright © 2018: Queen's Printer, Important Information
Statutes of Newfoundland and Labrador 2018 1.
S.2 Amdt. 2. S.4 Amdt. 3.
S.5 R&S 4.
S.6 Amdt. 5. S.11 Amdt. 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 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(a.1) "cannabis" means cannabis as defined in the Cannabis Control Act; (2) Subparagraph 2(b.2)(i) of the Act is repealed and the following substituted: (i) for use in an e-cigarette that, on being heated, produces a vapour, regardless of whether the solid, liquid or gas contains nicotine or cannabis, and (3) Paragraph 2(e) of the Act is repealed and the following substituted: (e) "facility" means a facility described in subsection 5(4); (4) Subparagraph 2(l)(i) of the Act is repealed and the following substituted: (i) to smoke, hold or otherwise have control over an ignited tobacco product or ignited cannabis, 2. Subsection 4(2) of the Act is repealed. 3. Section 5 of the Act is repealed and the following substituted: Designated rooms 5.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 ( 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. ©Queen's Printer |