Nine of Canada’s 13 provinces and territories have comprehensive smokefree laws: Northwest Terriotories (2004); Nunavut Territory (2004); New Brunswick (2004); Manitoba (2004); Saskatchewan (2005); New Foundland and Labrador (2005); Ontario (2006); Quebec (2006) and Nova Scotia (to be implemented December 1, 2006).
The provinces and territories of British Columbia; Prince Edward Island; Alberta and Yukon have lesser degrees of smoking restrcitions.
Northwest Territories
Smoking is prohibted in all workplaces, and therefore most public places, under section 25 of the Safety Act – Environmental Tobacco Smoke Work Site Regulations which came into force in May 2004. Smoking is also prohibited in a three mile radius of entrances and exits of workplaces. Designated smoking areas are permitted in certain circumstances, for example where a worker lives at the workplace. The Environmental Tobacco Smoke Work Site Regulations are available here.
Nunavut Territory
The Tobacco Control Act came into force on February 1, 2004 and prohibits smoking in all workplaces and within a three mile radius of entrances and exits. Municipalities can pass by-laws to further restrict smoking.
New Brunswick
Under the Smokefree Places Act smoking is not allowed any enclosed public place or indoor workplace. However, smoking is permitted in designated hotel rooms and in designated smoking rooms in group living facilities. The Act came into force on October 1, 2004. The Smokefree Places Act is available here and the regulations are available here.
Manitoba
The Non-Smokers Health Protection Act took effect in October 2004. Smoking is prohibited in all enclosed public places and indoor workplaces, including bars and restaurants. The legislation does not apply to federal workplaces or reserve lands. Municipalities can pass their own by-laws but the Provincial law takes precedent unless the municipality restriction is more severe. Information on the Non-Smokers’ Health Protection Act from the Government of Manitoba is available here.
Saskatchewan
Under The Tobacco Control Act smoking was prohibted in all enclosed public places, including bars, restuarants and private clubs on January 1, 2005. Public health inspectors are responsible for enforcing the law. The Act gives municipalities the juristriction to enact stricter bylaws which could be used to ban smoking in outdoor areas, in muncipalities which already had more restrcitive legislation than the Act the bylaw prevailed. The Federation of Saskatchewan Indian Nations voted not to implement the province’s legislation on Indian land. Further information from the Government of Saskatchewan and a link to the Tobacco Control Amendment Act and Regulations is available here.
Newfoundland and Labrador
Under the Smokefree Environemnt Act smoking has been prohibted in day-care centres, schools, retail stores, acute health facilities, buses, taxis and recreational facilities since 1993. Amendments to the Smokefree Environment Act in 2002 required that restaurants frequented by children became smoke-free. From July 1, 2005, all workplaces and enclosed public places were required to prohibit smoking. The Smokefree Environment Act, 2005 is available here.
Ontario
The Smokefree Ontario Act and the associated regulation came into force on May 31, 2006 prohibiting smoking in all workplaces and enclosed public places. Smoking is also prohibited in common areas of condominiums, apartment buildings and college residences. Controlled smoking areas are permitted at long-term care homes and management at hotels, motels and inns can designate guest rooms to be smoking. Aboriginal persons have the right to use tobacco if it is being used for traditional cultural or spiritual purposes. Further information is available from the Ontario Ministry of Health Promotion.
Quebec
Amendments to the Tobacco Act came into force on May 31, 2006. Smoking is prohibited in all workplaces and all enclosed public places, and within a 9 metre radius outside of health and social services institutions, post-secondary educational institutions and facilities where activities for minors are provided. A maximum of 40% of rooms in residential psychiatric institutions, residential and long-term care centres, rehabilitation centres and shelters for the indignant or those in distress can be designated smoking, as can 40% of rooms in a tourist accommodation facility. Cigar lounges which were open before 10th May 2005 are also exempt from being smoke-free. Further information can be found on the Quebec Sante et Services Sociaux website.
Nova Scotia
Amendments to the 2003 Smokefree Places Act received final approval in November 2005 and will come into force on December 1, 2006. Smoking will be prohibited in all indoor public spaces and workplaces as well as outdoor bar and restaurant patios. At present smoking is forbidden in buildings frequently used by anyone under 19, including malls and sports facilities. Smoking is permitted in ventilated rooms in restaurants, as well as everywhere in bars after 9pm.
The Smokefree Environment Act, 2005 (new window)
Smokefee Ontario Act (new window)
The Smokefee Places Act (new window)
The Smokefree Places regulations (new window)
Tobacco Control Amendment Act and Regulations (new window)
The Environmental Tobacco Smoke Work Site Regulations (new window)
Smokefree Ontario associated regulation (new window)
Ontario Ministry of Health Promotion (new window)
Quebec Sante et Services Sociaux website (new window)
ASH Scotland
