Non-smokers’ Health Act

Marginal note:Definitions

• 2 (1) In this Act,

  designated smoking area

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

  designated smoking room

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

  employee

  employee means a person who is employed by an employer; (employé)

  employer

  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, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service or office of the Parliamentary Budget Officer, in relation to their employees or the 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; (employeur)

  inspector

  inspector means a person who is designated as an inspector under section 9; (inspecteur)

  smoke

  smoke means to smoke, hold or otherwise have control over an ignited tobacco product or to vape using a vaping product; (fumer)

  tobacco product

  tobacco product means any product manufactured from tobacco and intended for use by smoking; (produit à base de tabac)

  vaping product

  vaping product means

  • (a) a device that is intended to be used to simulate the act of smoking a tobacco product and that emits an aerosol that is intended to be inhaled, including an electronic cigarette, an electronic cigar and an electronic pipe; and

  • (b) a device that is designated to be a vaping product by the regulations; (produit de vapotage)

  work space

  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. (lieu de travail)

• 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.