Report to the Conference of the Parties on the Implementation of the Framework Convention on Tobacco Control

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Part III: Protection from Exposure to Secondhand Smoke

1. Canadian Context
   
   1. In indoor workplaces
   2. In public transport
   3. In indoor public places

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1. Canadian Context

Smoke-free legislation exists at three levels of government in Canada: federal, provincial/territorial and municipal. When smoke-free legislation exists at provincial/territorial and municipal levels the strongest measures are generally enforced.

At the federal level, the Non-Smokers' Health Act (Appendix 3-D) restricts smoking in federally regulated workplaces such as federal government offices, banks and inter-provincial transportation. Section 3(1) of this Act requires that "Every employer, and any person acting on behalf of an employer, shall ensure that persons refrain from smoking in any work space under the control of the employer". However, the Act also allows for designated smoking rooms and designated smoking areas.

In addition to the Non-Smokers' Health Act, the Treasury Board of Canada (the primary employer for the federal government) further restricts smoking in federal government buildings, allowing for designated smoking rooms in limited situations - for example buildings built prior to 1989 do not have to have separately ventilated smoking rooms (see Appendix 4-I for a copy of the policy). The Treasury Board also suggests that departments take measures to reduce the effects of tobacco smoke at building entrances.

Correctional Services Canada also prohibits smoking indoors in all federally regulated prisons. Smoking on prison grounds is restricted to designated areas (see Appendix 4-C).

Six provinces and territories have virtual bans on smoking in both the workplace and public places. A virtual ban means that workplaces and public places are almost 100% smoke-free; designated smoking rooms are only permitted in specific long-term care/residential settings or in designated hotel/motel accommodation. See Section 2 of the appendices for copies of all provincial and territorial smoke-free legislation.

At the municipal level a large number of cities and municipalities have implemented smoke-free legislation. In many cases cities were the catalyst for provinces making the decision to go smoke-free.

The document published by the Non-Smokers' Rights Association entitled "Compendium of 100% Smoke-free Public Place Municipal By-Laws" (Appendix 4-B) contains more information on municipal by-laws restricting smoking. This document also notes municipalities in which outdoor smoking is prohibited (e.g. on bar and restaurant patios and in public parks).

(a) In indoor workplaces

As of December 1, 2006 six provinces and territories (Manitoba, Ontario, New Brunswick, Nova Scotia, Nunavut and the Northwest Territories) have virtual bans on smoking in the workplace. By May 2008, the province of Quebec will also achieve that status. Some provinces, in addition to their legislation, have policies that prohibit smoking in provincial government buildings.

Please refer to Table 1 for a full breakdown of where smoking is prohibited in indoor workplaces based on federal, provincial and territorial jurisdictions.

(b) In public transport

Due to a combination of the Non-Smokers Health Act and voluntary restrictions on the part of public transportation providers, Canadians are largely protected from secondhand smoke on almost all public transportation which is under federal regulations. Exceptions would include enclosed smoking rooms in some airports.

In addition, all provinces and territories prohibit smoking in public transport. A number of provinces and territories also prohibit smoking in public transit shelters and stations.

(c) In indoor public places

As of October 1, 2006, nine provinces and territories have virtual bans on smoking in indoor public places (Saskatchewan, Manitoba, Ontario, Quebec, New Brunswick, Nova Scotia, Newfoundland and Labrador, the Northwest Territories and Nunavut) meaning that smoking is prohibited and designated smoking rooms are generally not permitted.

Please refer to Table 2 for a full breakdown of where smoking is prohibited in indoor public places based on federal, provincial and territorial jurisdictions.

Table 1 Smoking Restrictions in Indoor Workplaces
As of November 1, 2006

Jurisdiction	Government Building	Health Care Facility	Educational Facility	Private Workplace	Residential Care Facility
Federal	Partiali	N/A	N/A	N/A	Partiali
Alberta	Partialii	Partialii	Partialii	Partialii	Partialii
British Columbia	Fulliii	Partiali	Partiali	Partiali	Partiali
Manitoba	Full	Full	Full	Full	Partiali
New Brunswick	Full	Full	Full	Full	Partiali
Newfoundland & Labrador	Partialiv	Partialii	Partialii	Partialii	Partiali
Northwest Territories	Full	Full	Full	Full	Partiali
Nova Scotia	Full	Full	Full	Full	Partiali
Nunavut	Full	Full	Full	Full	Partiali
Ontario	Full	Full	Full	Full	Partiali
Prince Edward Island	Full	Full	Full	Partiali	Partiali
Quebec	Full	Full	Full	Full (2008)	Partiali
Saskatchewan	Full	Full	Full	Partiali	Partiali
Yukon	Fulliii	Fulliii	Fulliii	None	Partiali

1. Designated smoking rooms required where smoking is permitted.
2. Designated smoking rooms required and those under 18 are not permitted to enter.
3. A provincial/territorial policy is in place prohibiting smoking.
4. Smoking rooms permitted for employees only

Table 2 Smoking Restrictions in Indoor Public Places
As of November 1, 2006

Jurisdiction	Cultural	Bars & Nightclubs	Restaurants	Recreational Facility
Federal	Partiali	Partiali	Partiali	Partiali
Alberta	Partialii	Partialii	Partialii	Partialii
British Columbia	Partiali	Partiali	Partiali	Partiali
Manitoba	Full	Full	Full	Full
New Brunswick	Full	Full	Full	Full
Newfoundland & Labrador	Full	Full	Full	Full
Northwest Territories	Full	Full	Full	Full
Nova Scotia	Full	Full	Full	Full
Nunavut	Full	Full	Full	Full
Ontario	Full	Full	Full	Full
Prince Edward Island	Full	Partiali	Partiali	Full
Quebec	Full	Full	Full	Full (2008)
Saskatchewan	Full	Full	Full	Full
Yukon	Partialiii	Partialiii	Partialiii	Partialiii

1. Designated smoking rooms are required where smoking is permitted.
2. Smoking permitted only if location is not accessible to persons under 18 years of age.
3. The two largest cities in Yukon Territory have strict smoking bylaws. Whitehorse has full smoking restrictions in all public places and Dawson City restricts smoking in all public places accessible to persons under 18 years of age.