Bill S-223

Non-smokers’ Health Act

Clause 1: Existing text of the definitions:

“designated smoking area” means an area, other than an enclosed room, that is designated for smoking under subsection 3(2);

“designated smoking room” means an enclosed room that is designated for smoking under subsection 3(2);

“work space” means any indoor or other enclosed space in which employees perform the duties of their employment, and includes any adjacent corridor, lobby, stairwell, elevator, cafeteria, washroom or other common area frequented by such employees during the course of their employment.

Clause 2: Existing text of subsections 3(2) to (7):

(2) An employer may, to the extent permitted by the regulations, designate for smoking

(a) enclosed rooms under the control of the employer other than rooms normally occupied by non-smokers; and

(b) areas under the control of the employer on an aircraft, train, motor vehicle or ship or in an airport passenger terminal, railway passenger station, interurban bus station or marine passenger terminal other than areas normally occupied by non-smokers.

(3) Notwithstanding subsection (1), an employer may require employees, by reason of the nature of their duties, to perform those duties in a room or area designated for smoking under subsection (2).

(4) Where an employer has designated a room for smoking under subsection (2) in a building or portion of a building the construction of which commenced before January 1, 1990, the employer shall, to the extent reasonably practicable, ensure that the room conforms to any requirements of the regulations respecting independent ventilation of designated smoking rooms.

(5) No employer shall designate a room for smoking under subsection (2) in a building or portion of a building the construction of which commenced after December 31, 1989 if the room fails to conform to any requirements of the regulations respecting independent ventilation of designated smoking rooms.

(6) No employer shall designate a room or area for smoking under subsection (2) in a work place, other than on an aircraft, train, motor vehicle or ship that is carrying passengers, until after the employer has consulted with the work place committee or health and safety representative in respect of that work place or, if there is no such committee or representative, with the employees employed there.

(7) In subsection (6), the expressions “work place committee”, “health and safety representative” and “work place” have the same meaning as in Part II of the Canada Labour Code.

Clause 3: Existing text of section 4:

4. (1) No person shall smoke in any work space under the control of an employer except in a designated smoking room or designated smoking area.

(2) An employer shall, to the extent and in the manner required by the regulations, inform employees and members of the public of the prohibition imposed by subsection (1) and of the location of designated smoking rooms and designated smoking areas under the control of the employer.

Clause 4: Existing text of subsections 5(1) and (2):

5. (1) An employer may not designate an area for smoking under subsection 3(2) on an aircraft carrying passengers for hire or reward except

(a) on segments of a flight that are longer than two hours or such greater period as the regulations prescribe;

(b) on segments of a flight that includes a segment extending between Canada and a country other than the United States; or

(c) on a flight operated in accordance with a charter contract under which the cost of transportation of all passengers is paid by one person, company or organization and no charge or other financial obligation is imposed on a passenger as a condition of carriage or otherwise in connection with the transportation.

(2) An employer may not, in respect of a train carrying passengers, designate for smoking under subsection 3(2)

(a) areas comprising more than two thirds of the seating accommodation of any class;

(b) areas on more than two thirds of the cars providing a class of seating accommodation; or

(c) areas comprising more than two thirds of the sleeping car accommodation other than enclosed accommodation.

Clause 5: Existing text of section 6:

6. Nothing in section 4 or 5 affects the operation of any other Act of Parliament or regulations thereunder or any rule of law in relation to the protection of persons from exposure to tobacco smoke.

Clause 6: Existing text of subsection 7(1):

7. (1) The Governor in Council may make regulations

(a) respecting the size, number, proportionate floor space, location, use, number of occupants and other characteristics of rooms and areas that may be designated for smoking under subsection 3(2);

(b) respecting the ventilation of designated smoking rooms;

(c) permitting the designation of the whole or any part of aircraft, trains, motor vehicles or ships as areas or rooms for smoking, either generally or on specified routes or in specified classes of service and, subject to subsection 5(2), prescribing the maximum proportion of accommodation of any class thereon that may be designated for smoking;

(d) respecting the maximum proportion of aircraft flights, train schedules, motor vehicle trips or ship voyages operated for hire or reward in passenger service in respect of which designated smoking areas or rooms may be provided during any specified travel period, either generally or on specified routes or in specified classes of service;

(e) prescribing, either generally or in respect of specified routes or specified classes of service,

(i) a period greater than two hours for the purposes of paragraph 5(1)(a), or

(ii) the minimum duration of an aircraft flight referred to in paragraph 5(1)(b) or (c), or of a flight not carrying passengers, in respect of which areas may be designated for smoking;

(f) requiring employers to inform employees and members of the public of the prohibition imposed by section 4 and of the location of designated smoking areas and designated smoking rooms, and respecting the manner of so informing them; and

(g) prescribing the form of tickets and informations for the purposes of section 14 and fixing the fine payable in proceedings under that section in respect of a first or a subsequent contravention of any provision of this Act, not exceeding the amount fixed by section 11 for such a contravention.