New Brunswick | New Brunswick

Smoke-free Places Act

Smoking, the definition of which includes water pipes and e-cigarettes, and goes beyond tobacco to include other weeds and substances, is prohibited:

  • In enclosed public places and workplaces;
  • In the common areas of multi-unit residential buildings;
  • In public vehicles;
  • In vehicles used in the course of employment, while carrying two or more employees;
  • In group living facilities;
  • Within 9 m of doors, air intakes and windows of enclosed public places and workplaces;
  • On bar and restaurant patios if more than 70% is enclosed by walls or a roof or a combination of the two;
  • Within 3 m of patios;
  • On school grounds;
  • On the grounds of a regional health authority as defined in the Regional Health Authorities Act;
  • In bus or taxi shelters;
  • In private motor vehicles with children under the age of 16 present;
  • On and within 20 m of playgrounds, beaches and sports fields;
  • On and within 9 m of outdoor trails;
  • In provincial parks, although smoking will still be permitted on occupied campsites, on golf courses, and in designated smoking areas;

There is no provision within the Act for municipalities to pass stronger bylaws, but some communities have adopted smoke-free policies.

Products Included

Cigarettes, Cigars, Pipes, Electronic Smoking Devices, Other Weeds and Substances, Waterpipes

Definitions

“Smoke” means

(a) to smoke, hold or otherwise have control over an ignited tobacco product or another ignited substance
that is intended to be smoked, or
(b) to inhale or exhale vapour from, or to hold or otherwise have control over,
(i) an activated electronic cigarette,
(ii) an activated water pipe, or
(iii) another activated device containing a substance that is intended to be inhaled or exhaled.

“Electronic cigarette” means a vaporizer or inhalant-type device, whether called an electronic cigarette or any other name, that contains a power source and heating element designed to heat a substance and produce a vapour intended to be inhaled directly through the mouth by the user of the device, whether or not the vapour contains nicotine.

“Water pipe” means a pipe or inhalant-type device, whether called a water pipe or any other name, that contains a water reservoir designed to heat a substance and produce a vapour intended to be inhaled directly through the mouth by the user of the device, whether or not the vapour contains nicotine or a tobacco product.

Places Smoking Prohibited

Beaches
Doorways, air intakes, operable windows
E-cigarettes (indoors)
E-cigarettes (outdoors)
Enclosed public places
Enclosed workplaces
Hospital Grounds
Patios - Restaurants and Bars
Playgrounds, which may include Splash Pads and Wading Pools
Private Vehicles with Children Present
Sports and Recreational Fields and Facilities
Trails
Transit Shelters/Stops
Waterpipes (indoors)
Waterpipes (outdoors)

Buffer Zones

Beaches - Buffer Zone 11-20 m
Doorways, Air Intakes and Operable Windows - Buffer Zone 1-10 m
Playgrounds - Buffer Zone 11-20 m
Sports and Recreational Fields and Facilities - Buffer Zone 11-20 m
Trails - Buffer Zone 1-10 m

Policy Analysis

This legislation is considered leading edge for many reasons, including the fact that smoking (broad definition) is prohibited within 9 metres of all doorways, air intakes and operable windows, in provincial parks, on hospital grounds, in bus and taxi shelters, etc.

Children may be exposed to second-hand smoke in private home-based daycares, as only that part of a private residence in which a home business is operated is an indoor workplace for the purposes of this Act. Further, smoking is not prohibited during the hours that businesses are operated. In contrast, Ontario prohibits smoking in any part of a home-based daycare, 100% of the time.

Age Restrictions

Private Vehicles with Children Present - 16

Enforcement

Amendments to General Regulation 91-50 under the Provincial Offences Procedures Act make it easier for peace officers and inspectors to act when people are lighting up in public places where smoking is banned. Previously, inspectors would write compliance orders or lay charges through the court system against managers and employers for violations of the act. Only peace officers were able to ticket individuals smoking in a vehicle while children are present. The implementation of the new regulations enabling peace officers and inspectors to ticket individuals for smoking in public places will strengthen the intended outcomes of the Smoke-free Places Act.

Date Passed: June 30, 2004

Date in Force: October 1, 2004

Date Last Amended: December 16, 2016

Leading Edge: Yes

Level of Government: Provincial/Territorial

Smoke-free Ontario Act Status: Exceeds Smoke-free Ontario Act

Bylaw Under Development? No

Supporting Information

Please find contact information related to this bylaw, and links to supporting materials.

Contact: Health.Sante@gnb.ca or 506-457-4800

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