Regulations Respecting the Health of Non-Smokers
P.C. 1989-2463 1989-12-14
Her Excellency the Governor General in Council, on the recommendation of the Minister of Labour and the Minister of Transport, pursuant to subsection 7(1)Footnote * of the Non-smokers’ Health ActFootnote **, is pleased hereby to make the annexed Regulations respecting the health of non-smokers, as of the date of the coming into force of the said Act.
2 In these Regulations,
Act means the Non-smokers’ Health Act; (Loi)
ASHRAE[Repealed, SOR/2007-233, s. 1]
- entity charter
entity charter[Repealed, SOR/95-344, s. 1]
- living accommodation
living accommodation means separate living or sleeping quarters set aside by an employer for the accommodation of persons at a work place. (local d’habitation)
- SOR/95-344, s. 1
- SOR/2007-233, s. 1
Designated Smoking Rooms and Designated Smoking Areas
3 [Repealed, SOR/2007-233, s. 2]
4 An employer may designate the following rooms or areas in a work space under the control of the employer as designated smoking rooms or designated smoking areas:
(a) any living accommodation;
(b) any motor vehicle, lighthouse, crane cab, caboose, locomotive or other room or area in the work space
(c) any room on a ship to which only one person normally has access during a shift.
- SOR/2007-233, s. 3
(2) Paragraph (1)(b) does not apply in respect of a room or area described in paragraph 4(b) or (c).
Notice of Smoking Restrictions
(2) The signs referred to in subsection (1) shall be
7 (1) Subject to subsection (2), where an employer is in control of a work space to which the public is admitted, the employer shall, by means of a clearly visible sign that meets the requirements set out in subsection 6(2) and that is posted at each entrance to the work space used by the public, inform the members of the public who enter the work space that, depending on the case,
(2) Where the work space referred to in subsection (1) is an aircraft, the employer shall orally inform all persons on board the aircraft that, depending on the case,
- SOR/92-242, s. 1(F)
8 An employer who operates a train that carries passengers may designate any bedroom, roomette or drawing room on a sleeping car or baggage crew car of the train as a designated smoking room.
- corridor service
corridor service means a class of rail passenger transportation service provided at least once a day that links major cities between Quebec City and Windsor; (service du corridor)
- regional service
regional service means a class of rail passenger transportation service linking small communities to one another or to major cities that provides at least three departures per week with many local stops; (service régional)
- remote service
remote service means a class of rail passenger transportation service providing rail access to small communities in remote areas that have no other year-round means of transport for at least a portion of the route served; (desserte de localités éloignées)
- tourism service
tourism service means a class of rail passenger transportation service provided on a seasonal basis that is primarily marketed as a tourist attraction; (service touristique)
- transcontinental service
transcontinental service means a class of rail passenger transportation service providing a connection between Halifax and Montreal with six departures per week and between Toronto and Vancouver with three departures per week. (service transcontinental)
(2) An employer who operates a train used in providing a corridor service, regional service, remote service, tourism service or transcontinental service may designate any passenger seating area as a designated smoking area provided that
10 An employer who operates a ship may designate any area on the ship that is used by employees for leisure or recreational activities as a designated smoking area.
11 An employer who operates a passenger ship may
(a) designate any passenger cabin on the ship as a designated smoking room; and
(b) designate any area intended for the use of passengers on the ship, other than a passenger cabin, as a designated smoking area, if the total surface area of all areas so designated does not exceed 30 per cent of the total surface area of all enclosed areas on the ship that are intended for the use of passengers, excluding passenger cabins.
- SOR/91-605, s. 1
- SOR/92-367, s. 1(E)
12 [Repealed, SOR/95-344, s. 2]
13 An employer who operates an aircraft that is registered as a private aircraft may, for any flight of the aircraft, designate any area on the aircraft or all of the aircraft as a designated smoking area.
- monthly quota
monthly quota means
(a) in respect of a month that falls within the period from July 1, 1990 to June 30, 1991, 75 per cent of seat allocation,
(b) in respect of a month that falls within the period from July 1, 1991 to June 30, 1992, 50 per cent of seat allocation,
(c) in respect of a month that falls within the period from July 1, 1992 to June 30, 1993, 25 per cent of seat allocation, and
(d) in respect of a month that falls within the period from July 1, 1993 to June 30, 1994, 15 per cent of seat allocation; (quota mensuel)
- seat allocation
seat allocation means the percentage of passenger seats, regardless of class, included within designated smoking areas that were designated by an employer in respect of all of the employer’s specified international flights during May 1990, or, in the case of a Canadian air carrier who commenced offering specified international flights after May 1990, 20 per cent of all passenger seats on all such flights; (contingent)
- specified international flight
specified international flight means, in respect of flights operated by a Canadian air carrier,
(a) any segment of a flight between Canada and a point outside Canada that has a scheduled duration of more than six hours,
(b) any segment of a flight that takes place wholly outside Canada, or
(c) any segment of a flight that takes place wholly within Canada if
(2) Subject to subsection (3), an employer who operates an aircraft for hire or reward on a specified international flight may designate any area on the aircraft as a designated smoking area.
(3) No employer shall designate, in respect of all of the employer’s specified international flights in any month, designated smoking areas that include within them, in total, a number of passenger seats that, when expressed as a percentage of the number of passenger seats on all of these flights, is greater than the employer’s monthly quota.
(4) This section shall cease to have effect on June 30, 1994.
- SOR/90-70, s. 1
- SOR/90-335, s. 1
- SOR/91-605, s. 2
- SOR/93-368, s. 1
- Date modified: