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Term --FCTC-Based Definition Canada
Workplace View Definition

An area, permanent or temporary, in which a person performs duties of employment or work, regardless of whether the work is done for compensation or on a voluntary basis, and includes private offices, common areas and any other area which generally is used or frequented during the course of employment or work. (FCTC Art. 8 Guidelines para. 20)

Defined
Yes
Analysis

The definition of “work space” in the Non-smokers' Health Act aligns with the definition of “workplace” provided in the FCTC Art. 8 Guidelines. This law applies to federally-regulated workplaces only.

In Canada, smoking restrictions in public places and workplaces generally fall under within the scope of provincial, territorial, and municipal legislation, which may also contain a definition of “workplace.”

Not Applicable
Not Applicable
Public Transport View Definition

Any vehicle used for the carriage of members of the public, usually for reward or commercial gain. (FCTC Art. 8 Guidelines para. 22)

Not Defined
No
Analysis

The Non-smokers' Health Act (NSHA) does not contain a definition of “public transport.” A definition is not technically necessary because the NSHA and implementing regulations apply to specified forms of public transport (e.g., trains, ships, aircraft) and not to “public transport” in general.

Not Applicable
Not Applicable
Second Hand Smoke (or similar term) View Definition

The smoke emitted from the burning end of a cigarette or from other tobacco products usually in combination with the smoke exhaled by the smoker. (FCTC Art. 8 Guidelines para. 15)

Not Defined
No
Analysis

The Non-smokers' Health Act does not contain a definition of “second hand smoke.”

Undefined key terms can undermine the application of other substantive provisions of a law. Therefore, a definition of “second hand smoke” should be provided in accordance with the FCTC Art. 8 Guidelines.

In Canada, smoking restrictions in public places and workplaces generally fall under within the scope of provincial, territorial, and municipal legislation, which may contain a definition of “second hand smoke."

Not Applicable
Not Applicable
Smoking or Smoke View Definition

Being in possession or control of a lit tobacco product regardless of whether the smoke is being actively inhaled or exhaled. (FCTC Art. 8 Guidelines para. 17)

Defined
Yes
Analysis

The definition of “smoke” aligns with the definition provided in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Public Place View Definition

An area, permanent or temporary, that is accessible to the general public or for collective use by the general public regardless of ownership or right of access. (FCTC Art. 8 Guidelines para. 18)

Not Defined
No
Analysis

The Non-smokers' Health Act does not contain a definition of “public place.” However, because the Act applies only to federal workplaces and some enumerated public places, a definition of “public place” is not strictly necessary for interpretation of the Act.

In Canada, smoking restrictions in public places generally fall within the scope of provincial, territorial and municipal legislation, which may contain a definition of “public place.”

Not Applicable
Not Applicable
Tobacco Product View Definition

Any product entirely or partly made of the leaf tobacco as a raw material which is manufactured to be used for smoking, sucking, chewing, or snuffing. (FCTC Art. 1(f))

Defined
Yes
Analysis

The definition of “tobacco product” in the Non-smokers' Health Act (NSHA) is narrower than the definition provided in FCTC Art. 1(f) because it applies only to smoked tobacco products (and, when read with in conjunction with the definition of "smoke," it includes e-cigarettes as well). However, because the definition pertains to the NSHA only, which restricts smoking, the definition serves the purposes of the Act.

Not Applicable
Not Applicable
Indoor or Enclosed View Definition

Any space covered by a roof or enclosed by one or more walls or sides, regardless of the type of material used for the roof, walls or sides, and regardless of whether the structure is permanent or temporary. (FCTC Art. 8 Guidelines para. 19)

Not Defined
No
Analysis

The Non-smokers' Health Act does not contain a definition of “indoor” or “enclosed.”

Undefined key terms can undermine the application of other substantive provisions of a law. Therefore, a definition of “indoor” or “enclosed” should be provided in accordance with the FCTC Art. 8 Guidelines.

In Canada, smoking restrictions in public places and workplaces generally fall under within the scope of provincial, territorial, and municipal legislation, which may contain a definition of “enclosed” or “indoor.”

Not Applicable
Not Applicable
Canada
All indoor workplaces
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The Non-smokers’ Health Regulations, issued pursuant to the Non-smokers’ Health Act, prohibit smoking in federally-regulated workplaces, with a few very limited exceptions. The following rooms/areas of a federally-regulated workplace may be designated by an employer as a smoking room/area: a) any living accommodation; b) any motor vehicle, lighthouse, crane cab, caboose, locomotive, or other room or area in the work space (i) that is not incorporated within any other work space, (ii) that does not share a ventilation system with any other work space, and (iii) to which only one person normally has access during a shift; and c) any room on a ship to which only one person normally has access during a shift. 

Other workplaces (i.e., private and provincial/territorial government workplaces, and most non-government workplaces) are governed by sub-national jurisdictions. The sub-national legislation is comprehensive and smoking is prohibited in workplaces with a few exceptions. Designated smoking rooms are permitted by some sub-national jurisdictions for some workplaces that are residential in nature (i.e., in designated areas or rooms in long-term residential care facilities and hotel guest rooms), often with strict ventilation regulations. 

The national and sub-national laws provide for a few very limited exemptions to the comprehensive smoking ban in indoor workplaces. FCTC Art. 8 Guidelines para. 24 provides that Parties have a continuous obligation to remove any exemptions as soon as possible, and each Party should strive to provide universal protection within five years of the WHO Framework Convention’s entry into force for that Party.

Not Applicable
Not Applicable
All indoor public places
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

National legislation prohibits smoking in a limited number of public places which are also federally-regulated workplaces. Examples include airports, ports, train stations, inter-city bus stations, airplanes, trains, inter-city buses, ships, reception/service areas of federally-regulated businesses (e.g., banks, post office), and federal government buildings, among others.

In Canada, smoking restrictions in public places fall mainly under the jurisdiction of the provinces, territories, and municipalities. Under sub-national legislation, smoking is prohibited in virtually all indoor public places with the limited exception of designated smoking rooms in group living facilities, long-term care facilities, and specified hotel rooms.

The sub-national laws provide for a few limited exemptions to the comprehensive smoking ban in indoor public places. FCTC Art. 8 Guidelines para. 24 provides that Parties have a continuous obligation to remove any exemptions as soon as possible, and each Party should strive to provide universal protection within five years of the WHO Framework Convention’s entry into force for that Party.

Not Applicable
Not Applicable
All public transport
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

National and sub-national jurisdictions provide for complete smoking bans in public transportation. Smoking is prohibited in aircraft, trains, ships, and inter-city buses under federal law. Smoking is prohibited in local ground public transportation (such as local buses, subways, and taxis) under sub-national law. In addition, a number of sub-national jurisdictions have implemented smoking bans in private vehicles where children are present (the majority of jurisdictions identify children as being under 16 years of age, with two territories defining children as being under 18 years of age and two provinces defining children as being under 19 years of age).

These provisions align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public transportation.

Not Applicable
Not Applicable
Government facilities
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

Smoking is prohibited in virtually all parts of all federal government buildings and facilities. However, there are very limited exceptions whereby the federal government as an employer may designate the following areas as a smoking area:

a) any living accommodation;

b) any motor vehicle, lighthouse, crane cab, caboose, locomotive or other room or area in the work space (i) that is not incorporated within any other work space, (ii) that does not share a ventilation system with any other work space, and (iii) to which only one person normally has access during a shift; and

c) any room on a ship to which only one person normally has access during a shift.

In Canada, smoking restrictions in buildings operated by sub-national governments are mainly under the jurisdiction of the provinces, territories and municipalities. Under sub-national legislation, smoking is prohibited in virtually all provincial, territorial and municipal government buildings and facilities.

The law provides for a few very limited exemptions to the comprehensive smoking ban in government facilities. FCTC Art. 8 Guidelines para. 24 provides that Parties have a continuous obligation to remove any exemptions as soon as possible, and each Party should strive to provide universal protection within five years of the WHO Framework Convention’s entry into force for that Party.

Not Applicable
Not Applicable
Private offices
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Smoking restrictions in workplaces and public places, including private offices, generally fall under the jurisdiction of the provinces, territories, and municipalities. All sub-national jurisdictions prohibit smoking in indoor private offices.

The provisions of the sub-national legislation align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to private offfices.

Not Applicable
Not Applicable
Hospitals
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Smoking restrictions in workplaces and public places, including hospitals, generally fall under the jurisdiction of the provinces, territories, and municipalities. All sub-national jurisdictions prohibit smoking in hospitals.

The provisions of the sub-national legislation align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to hospitals.

Not Applicable
Not Applicable
Residential healthcare facilities - public areas
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Smoking restrictions in workplaces and public places, including healthcare facilities, generally fall under the jurisdiction of the provinces, territories, and municipalities. All sub-national jurisdictions prohibit smoking in public areas of residential healthcare facilities.

The provisions of the sub-national legislation align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public areas of healthcare facilities.

Not Applicable
Not Applicable
Non-residential healthcare facilities
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Smoking restrictions in workplaces and public places, including non-residential healthcare facilities, generally fall under the jurisdiction of the provinces, territories, and municipalities. All sub-national jurisdictions prohibit smoking in non-residential healthcare facilities.

The provisions of the sub-national legislation align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to non-residential healthcare facilities.

Not Applicable
Not Applicable
Childcare facilities/preschools
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Smoking restrictions in workplaces and public places, including childcare facilities and preschools, generally fall under the jurisdiction of the provinces, territories, and municipalities. All sub-national jurisdictions prohibit smoking in childcare facilities and preschools.

The provisions of the sub-national legislation align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to childcare facilities and preschools.

Not Applicable
Not Applicable
Primary and secondary schools
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Smoking restrictions in workplaces and public places, including primary and secondary schools, generally fall under the jurisdiction of the provinces, territories, and municipalities. All sub-national jurisdictions prohibit smoking in primary and secondary schools.

The provisions of the sub-national legislation align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to primary and secondary schools.

Not Applicable
Not Applicable
Universities/vocational facilities
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Smoking restrictions in workplaces and public places, including universities and vocational facilities, generally fall under the jurisdiction of the provinces, territories, and municipalities. All sub-national jurisdictions prohibit smoking in universities and vocational facilities.

The provisions of the sub-national legislation align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to universities and vocational facilities.

Not Applicable
Not Applicable
Shops
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Smoking restrictions in workplaces and public places, including stores and shops, generally fall under the jurisdiction of the provinces, territories, and municipalities. All sub-national jurisdictions prohibit smoking in public places such as stores and shops.

The provisions of the sub-national legislation align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to stores and shops.

Not Applicable
Not Applicable
Cultural facilities
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Smoking is prohibited in cultural facilities (e.g., a national museum or art gallery) that are federally-regulated workplaces under NSHA and NSHR. Smoking restrictions in other cultural facilities generally fall under the jurisdiction of the provinces, territories, and municipalities as public places and workplaces. All sub-national jurisdictions prohibit smoking in cultural facilities.

The provisions of the sub-national legislation align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to cultural facilities.

Not Applicable
Not Applicable
Indoor stadium/arenas
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Smoking restrictions in workplaces and public places, including indoor stadiums and arenas, generally fall under the jurisdiction of the provinces, territories, and municipalities. All sub-national jurisdictions prohibit smoking in indoor stadiums and arenas.

The provisions of the sub-national legislation align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to indoor stadiums and arenas.

Not Applicable
Not Applicable
Restaurants
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Smoking restrictions in workplaces and public places, including restaurants, generally fall under the jurisdiction of the provinces, territories, and municipalities. All sub-national jurisdictions prohibit smoking in restaurants.

The provisions of the sub-national legislation align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to restaurants.

Not Applicable
Not Applicable
Bars/pubs/nightclubs
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Smoking restrictions in workplaces and public places, including bars, pubs, and nightclubs, generally fall under the jurisdiction of the provinces, territories, and municipalities. All sub-national jurisdictions prohibit smoking in bars, pubs, and nightclubs.

The provisions of the sub-national legislation align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to bars, pubs, and nightclubs.

Not Applicable
Not Applicable
Casinos
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Smoking restrictions in workplaces and public places, including casinos, generally fall under the jurisdiction of the provinces, territories, and municipalities. All sub-national jurisdictions prohibit smoking in casinos.

The provisions of the sub-national legislation align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to casinos.

Not Applicable
Not Applicable
Hotels/lodging - public areas
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Smoking restrictions in workplaces and public places, including public areas of hotels and other lodging, generally fall under the jurisdiction of the provinces, territories, and municipalities. All sub-national jurisdictions prohibit smoking in public areas of hotels.

The provisions of the sub-national legislation align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public areas of hotels.

Not Applicable
Not Applicable
Hotels/lodgings - guest rooms
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

Smoking restrictions in workplaces and public places, including guestrooms of hotels and other lodging, generally fall under the jurisdiction of the provinces, territories, and municipalities. All provinces and territories permit smoking in designated hotel rooms, although a small number of municipalities have prohibited smoking in all hotel/motel rooms in the municipality.

The sub-national laws provide for a few limited exemptions to the comprehensive smoking ban in indoor public places. FCTC Art. 8 Guidelines para. 24 provides that Parties have a continuous obligation to remove any exemptions as soon as possible, and each Party should strive to provide universal protection within five years of the WHO Framework Convention’s entry into force for that Party.

Not Applicable
Not Applicable
Prisons/detention facilities - public areas
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The NSHA prohibits smoking in all federally-operated prisons/detention facilities, including public areas. A federal administrative policy also applies to prohibit smoking in all federally-operated prisons/detention facilities, including public areas (Correctional Service of Canada, Commissioner's Directive No. 259, May 5, 2008).

Provincial and territorial legislation and/or administrative policies prohibit smoking in all provincially-operated prisons/detention facilities, including public areas.

The provisions of the sub-national legislation align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public areas of prisons.

Not Applicable
Not Applicable
Trains, buses and other shared ground transportation other than taxis
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The NSHA prohibits smoking on trains and inter-city buses.

Smoking restrictions for local buses and subways generally fall under the jurisdiction of the provinces, territories, and municipalities. All sub-national jurisdictions prohibit smoking on shared ground transportation.

These provisions align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to shared ground transportation.

Not Applicable
Not Applicable
Taxis (for-hire vehicle)
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Smoking restrictions in for local ground transportation such as taxis generally fall under the jurisdiction of the provinces, territories, and municipalities. Sub-national jurisdictions, effective across Canada, prohibit smoking in taxis.

These provisions align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to taxis.

Not Applicable
Not Applicable
Commercial aircraft
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Smoking is prohibited in aircraft under federal law. The provisions of the Non-smokers’ Health Regulations, issued under the Non-smokers’ Health Act, that permitted smoking areas on the last remaining aircraft expired on August 31, 1994.

These provisions align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to commercial aircraft.

Not Applicable
Not Applicable
Commercial watercraft
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The Non-smokers’ Health Regulations permit smoking on passenger ships in designated passenger cabins and in other designated smoking areas of the ship, provided that the designated smoking areas do not exceed 30% of enclosed areas of the ship, excluding cabins. In practice, most passenger common areas of commercial watercraft are smoke free.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all enclosed areas of passenger ships. FCTC Art. 8 Guidelines para. 24 provides that Parties have a continuous obligation to remove any exemptions as soon as possible, and each Party should strive to provide universal protection within five years of the WHO Framework Convention’s entry into force for that Party.

Not Applicable
Not Applicable
Public transport facilities (waiting areas for mass transit)
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The NSHA prohibits smoking in airports, ports, train stations, and inter-city bus stations.

Smoking restrictions in workplaces and public places, including public transport facilities, generally fall under the jurisdiction of the provinces, territories, and municipalities. Provinces, territories, and municipalities have jurisdiction over local transport facilities such as for local buses, and for subway stations. Public areas of airports, ports, train stations, and inter-city bus stations are an area of joint jurisdiction federally, as well as of the provinces/territories/ municipalities. Sub-national jurisdictions prohibit smoking in public transport facilities, with effect across Canada.

The provisions of the sub-national legislation align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public transport facilities.

Not Applicable
Not Applicable
Canada
Does the law require any outdoor or quasi-outdoor spaces to be smoke free or restrict smoking in any way?
Yes
Yes
Not Applicable
Not Applicable
Canada
Post signs
Yes
Yes
Analysis

The Non-smokers' Health Regulations require federally-regulated employers to post "No Smoking" signs.

Under the Non-smokers' Health Act, employers who fail to post signs are liable:
a) for a first offense, to a fine not exceeding 1,000 dollars;
b) for a subsequent offense, to a fine not exceeding 10,000 dollars.

These provisions align with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that they provide for graded fines and increased fines for repeat offenses.

Sub-national jurisdictions also impose a duty to post signs.

Not Applicable
Not Applicable
Remove ashtrays
Uncertain
Uncertain
Analysis

There is no national law that imposes a duty upon business owners, employers, or supervisors to remove ashtrays from the premises.

Some sub-national laws prohibit ashtrays in workplaces and public places where smoking is prohibited. However, a full analysis of all those sub-national laws is beyond the scope of this national legislation database; therefore, the regulatory status “Uncertain” is given.

Not Applicable
Not Applicable
Steps to require a person to stop smoking (e.g., warn, discontinue service, call authorities)
Yes
Yes
Analysis

Violators of Section 5(3) (duty on employees to request a passenger on public transport to refrain from smoking) are subject to:
a) for a first offense, a fine not exceeding fifty dollars;
b) for a second offense, for a fine not exceeding 100 dollars.

Violators of Section 5(4) (duty on employers to require a passenger on public transport to disembark at the next scheduled stop when a passenger refuses to comply with a request to stop smoking) are subject to:
a) for a first offense, to a fine not exceeding 1,000 dollars;
b) for a subsequent offense, to a fine not exceeding 10,000 dollars.

These provisions align with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that they provide for graded fines and increased fines for repeat offenses.

Many sub-national jurisdictions also impose a duty upon business owners to take steps to require a person to stop smoking.

Not Applicable
Not Applicable
Not to smoke where prohibited
Yes
Yes
Analysis

A person who smokes in a no-smoking area is subject to a fine of up to 50 dollars for the first offense and up to 100 dollars for the subsequent offense.

These provisions align with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that they provide for graded fines and increased fines for repeat offenses.

Sub-national jurisdictions also impose a duty upon smokers not to smoke where prohibited.

Not Applicable
Not Applicable
Other
Yes
Yes
Analysis

Employers and persons acting on behalf of employers shall ensure that persons refrain from smoking in any work space under the control of the employer where smoking is banned.

Provincial and territorial laws typically place an obligation on employers/proprietors to not allow smoking in workplaces and public places where smoking is banned.

Not Applicable
Not Applicable
Canada
Are sub-national jurisdictions permitted to have smoke-free laws?
Yes
Yes
Not Applicable
Not Applicable