Newfoundland and Labrador | Newfoundland and Labrador

Smoke-free Environment Act, 2005

The Smoke-free Environment Act, 2005 assures a gold standard level of protection in enclosed public places and workplaces.  Smoking is prohibited on all patios – first jurisdiction in Canada to do so. Smoking is also prohibited on a ferry and in a bus shelter or taxi shelter.

As of July 1, 2011, smoking was banned in vehicles carrying children under the age of 16, whether or not the doors, windows, sun roof or car top are open.

However, designated smoking rooms (DSRs) for employees in some workplaces not ordinarily open to the public continue to be permitted.

The Act was amended again on 7 June 2016 by Bill 35 to expand the  ban on smoking to include e-cigarettes and non-tobacco shisha (for waterpipe smoking).

Products Included

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

Definitions

“Accessory” means a product that may be used in the consumption of tobacco and includes cigarette papers, a filter, a pipe, a cigarette holder and a cigar clip;

“E-cigarette” means

(i) a product or device, whether or not it resembles a cigarette, containing a power source and heating element designed to vapourize an e-substance for inhalation or release into the air, or
(ii) a product or device prescribed in the regulations similar in nature or use to a product or device described in subparagraph (i);

“E-substance” means a solid, liquid or gas for use in an e-cigarette that, on being heated, produces a vapour, regardless of whether the solid, liquid or gas contains nicotine, and that is not a controlled substance within the meaning of the Controlled Drugs and Substances Act (Canada);

“Non-tobacco shisha” means a non-tobacco product containing herbs or other plants and materials intended for use in a water pipe;

“Smoke” means to smoke, hold or otherwise have control over an ignited tobacco product;

“Tobacco product” means a product manufactured from tobacco and intended to be smoked;

“Vapour products” means

(i) an e-cigarette,
(ii) an e-substance, or
(iii) a cartridge for or component of an e-cigarette;

“Water pipe” means any ignited or heated smoking equipment used to burn tobacco or non-tobacco substances or a combination of tobacco and non-tobacco substances and draw the resulting smoke through a liquid before it is inhaled.

Places Smoking Prohibited

E-cigarettes (indoors)
E-cigarettes (outdoors)
Enclosed public places
Enclosed workplaces
Patios - Restaurants and Bars
Private Vehicles with Children Present
Transit Shelters/Stops
Waterpipes (indoors)

Policy Analysis

This legislation is considered leading edge because it prohibits the use of e-cigarettes and hookah pipes inside all public places and workplaces, whether they contain tobacco or some other weed or substance. The prohibition of vaping in vehicles with minors under 16 is also a leading edge element that surpasses the Smoke-Free Ontario Act.

Age Restrictions

Private Vehicles with Children Present - 16

Date Passed: May 19, 2005

Date in Force: July 1, 2005

Date Last Amended: June 7, 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: healthinfo@gov.nl.ca or 709-729-4984

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