Updated 17 June 2008
Twelve of Canada's thirteen provinces and territories have comprehensive smoke-free laws: Northwest Terriotories (2004); Nunavut Territory (2004); New Brunswick (2004); Manitoba (2004); Saskatchewan (2005); New Foundland and Labrador (2005); Ontario (2006); Quebec (2006); Nova Scotia (2006); Alberta (2008), British Columbia (2008) and Yukon (2008)
Prince Edward Island has lesser degrees of smoking restricitions.
The Federal Correctional Service of Canada has banned smoking in all prisons from 30 April 2008.
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 meter radius of entrances and exits of workplaces. Designated smoking areas are permitted in certain circumstances, for example where a worker lives at the workplace.
Nunavut Territory
The Tobacco Control Act came into force on February 1, 2004 and prohibits smoking in all workplaces and within a three meter radius of entrances and exits. Municipalities can pass by-laws to further restrict smoking.
New Brunswick
Under the Smoke-free 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.
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. The Government of Manitoba provides information on the Non-Smokers' Health Protection Act.
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. The Government of Saskatchewan has further information and a link to the Tobacco Control Amendment Act and Regulations.
Newfoundland and Labrador
Under the Smoke-Free 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 Smoke-Free 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.
Ontario
The Smoke-Free Ontario Act 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. A private members bill was passed in June 2008 making it illegal to smoke in cars carrying passengers aged below 16.
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 Smoke-Free Places Act received final approval in November 2005 and came into force on December 1, 2006. Smoking is now prohibited in all indoor public spaces and workplaces as well as outdoor bar and restaurant patios. At present smoking is forbidden in buildings frequently 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 Act was further amended in 2007 to prohibit smoking in cars with children present.
Alberta
The Tobacco Reduction Act Tobacco Reduction Act and regulations came into force on 1 January 2008. The Act prohibits smoking in public places, workplaces, on public transport and within 5 meters of doorways, windows and air intake systems of any public place or workplace. Separate smoking rooms are permitted for residents of group living facilities such as nursing homes and mental health care facilities and hotel guest rooms can be designated as smoking rooms. Further information is available from the Government of Alberta.
British Columbia
The amended Tobacco Control Act came into place on 31 March 2008. The Act bans smoking in indoor public places and work places; smoking near public doorways, open windows and air intakes and limits the display and sales of tobacco and tobacco products. The Act also bans smoking in cars when children are present.
Yukon
The government of Yukon brought new smoke-free legislation into place on 15 May 2008. In this legislation smoking is not permitted on outdoor patios, all entrances to workplaces and public buildings will be smoke-free and smokers will be required to stay clear of air intake vents and windows when they smoke . Legislation also covers commercial vehicles carrying two or more persons. Smoking in vehicles carrying children under the age of 18 years is not permitted. The advertising, promotion and display of tobacco products will be prohibited as of May 15, 2009
Prince Edward Island
According to the Smoke-free Places Act form 2003 the following indoor public places must be smoke-free (designated smoking room not permitted): daycares, kindergartens; schools; common areas of retail stores and shopping malls; recreation facilities; taxis/buses and taxi/bus shelters; movie theatres, libraries; and video arcades.
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