Non-smokers’ Health Act (R.S.C., 1985, c. 15 (4th Supp.))

Act current to 2014-10-15 and last amended on 2007-07-09. Previous Versions

Non-smokers’ Health Act

R.S.C., 1985, c. 15 (4th Supp.)

An Act to regulate smoking in the federal work-place and on common carriers and to amend the Hazardous Products Act in relation to cigarette advertising

[1988, c. 21, assented to 28th June, 1988]
Marginal note:Short title

 This Act may be cited as the Non-smokers’ Health Act.

Marginal note:Definitions
  •  (1) In this Act,

    “designated smoking area”

    « zone fumeurs »

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

    “designated smoking room”

    « fumoir »

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

    “employee”

    « employé »

    “employee” means a person who is employed by an employer;

    “employer”

    « employeur »

    “employer” means a person who employs one or more persons in employment described in subsection 123(1) of the Canada Labour Code, or

    • (a) the Treasury Board, in relation to employees in any portion of the federal public administration specified in Schedule I or IV to the Financial Administration Act,

    • (b) a separate agency named in Schedule V to the Financial Administration Act, in relation to employees of that separate agency,

    • (c) the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Conflict of Interest and Ethics Commissioner, in relation to employees thereof or employees of a committee of the Senate or House of Commons, as the case may be, or

    • (d) a member of the Senate or House of Commons, in relation to employees on the staff of the member, including persons employed in the office of a Minister, or in relation to employees on the staff of a political party housed in accommodation provided by the Senate or House of Commons who are under the direction and control of the member;

    “inspector”

    « inspecteur »

    “inspector” means a person who is designated as an inspector pursuant to section 9, and includes a health and safety officer as defined in subsection 122(1) of the Canada Labour Code;

    “smoke”

    « usage du tabac »

    “smoke” means to smoke, hold or otherwise have control over an ignited tobacco product;

    “tobacco product”

    « produit à base de tabac »

    “tobacco product” means any product manufactured from tobacco and intended for use by smoking;

    “work space”

    « lieu de travail »

    “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.

  • Marginal note:Application outside Canada

    (2) This Act, except section 10, applies outside Canada in respect of a work space on an aircraft, train or motor vehicle being operated between Canada and another country by a Canadian, as defined in section 55 of the Canada Transportation Act, or a work space on a vessel registered or listed under the Canada Shipping Act, 2001 that is being operated between Canada and another country, to the extent that compliance with this Act within the territory of another jurisdiction does not result in the contravention of the laws of that jurisdiction.

  • Marginal note:Non-application to foreign carriers

    (3) This Act does not apply in respect of a work space on an aircraft, train or motor vehicle being operated between Canada and another country by a person other than a Canadian, as defined in section 55 of the Canada Transportation Act or a work space on a ship registered under the laws of another country that is being operated between Canada and another country.

  • Marginal note:Non-application to commuter trains

    (4) This Act does not apply in respect of a work space on a passenger train operated in commuter service by or for the account of the government of a province or an agency thereof.

  • R.S., 1985, c. 15 (4th Supp.), s. 2;
  • 1989, c. 7, s. 1;
  • 1996, c. 10, s. 247;
  • 2000, c. 20, s. 28;
  • 2001, c. 26, s. 312;
  • 2003, c. 22, s. 176;
  • 2004, c. 7, s. 25;
  • 2006, c. 9, s. 19.