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

Marginal note:Smoking areas on aircraft

• 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.

• Marginal note:Smoking areas on trains

  (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.

• Marginal note:Request to stop smoking

  (3) An employee who becomes aware that a passenger is smoking in contravention of section 4 on an aircraft, train, motor vehicle or ship operated by the employer of the employee shall request the passenger to refrain from smoking.

• Marginal note:Removal of passenger

  (4) Where a passenger fails to comply with a request made under subsection (3), the employer shall require the passenger to disembark at the next scheduled stop following the passenger’s failure to comply.