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Newfoundland and Labrador
Environment Regulations, 2005 (Amendment)
(Filed June 15, 2017)
Under the authority of section 11 of the Smoke-free Environment Act, 2005, the Lieutenant-Governor in Council makes the following regulations.
1. Paragraph 2(b) of the Smoke-free Environment Regulations, 2005 is repealed and the following substituted:
(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 or a designated e-cigarette use room is permitted to return to a public place or workplace.
2. (1) Subsection 3(1) of the regulations is repealed and the following substituted:
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 designated e-cigarette use rooms; and
(b) of the location of all rooms that are designated smoking rooms and designated e-cigarette use rooms.
(2) Subsection 3(3) of the regulations is repealed and the following substituted:
(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 or designated e-cigarette use rooms; and
3. Section 4 of the regulations is repealed and the following substituted:
4. (1) Where by a section of these regulations a sign is required to indicate
(a) no smoking, the sign shall use the graphic no smoking symbol or state "no smoking";
(b) a designated smoking room, the sign shall use the graphic designated smoking room symbol or state "designated smoking room"; and
(c) a designated e-cigarette use room, the sign shall state "designated e-cigarette use room".
(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, vapour product or non-tobacco shisha product.
4. Section 6 of the regulations is repealed and the following substituted:
6. (1) A designated smoking room and a designated e-cigarette use 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 and the designated e-cigarette use 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 and designated e-cigarette use 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 or designated e-cigarette use room is not more than 5 persons and their use of the room is occasional, not less than 6 air changes per hour, and
(ii) where the occupancy of the designated smoking room or designated e-cigarette use 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 and a designated e-cigarette use 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.
5. These regulations come into force on July 1, 2017.