Nova Scotia | Nova Scotia

Smoke-free Places Act

The Smoke-free Places Act prohibits the smoking and vaping of anything (not just tobacco) in essentially all indoor workplaces and public places, and certain other areas such as patios, transit shelters and within 4 m of the doorways, air intakes or operable windows of all workplaces.

In a 27 March 2018 news release the government announced that the Act will be amended to put more limits on where people can smoke tobacco and cannabis. This follows a consultation process in the fall of 2017.

Nova Scotians will be able to smoke and vape cannabis in their own private residence, on their private property, in their apartment if it is permitted in the lease and in outdoor public spaces with some restrictions.

Smoke of all kinds, including cannabis, is already prohibited in all indoor public places and workplaces and in many outdoor spaces, including school and daycare grounds, bar and restaurant patios and within 4 metres of an entrance or air intake. It also prohibits smoking in vehicles where children are passengers.

The proposed amendments will expand the act to include no smoking or vaping of cannabis or tobacco:

  • On or within 20 metres of playgrounds located in an outdoor public space;
  • On or within 20 metres of a publicly-owned sport and recreation event or venue, located in an outdoor public space;
  • On and within nine metres of public trails;
  • In provincial parks and on provincial beaches, except for within the boundaries of a rented campsite.

Cannabis use of any kind in vehicles will be prohibited. This will be covered under new legislation to be introduced during the current legislative session. Drivers cannot be impaired while driving, passengers cannot use cannabis in any form in the vehicle and cannabis must be stored in a closed, fastened package and out of reach or not readily available to anyone in the vehicle.

The amended Smoke-free Places Act also prohibits the use of tobacco in vehicles used as part of one’s job or work. This does not apply to a personal vehicle used for work purposes if they are the only person using the vehicle for work purposes.

The amendments will also confirm that municipalities can pass bylaws that put additional restrictions in place. The stricter rules will apply.

These proposed amendments will add to the current ban on the use of waterpipes, whether they contain tobacco or other weeds or substances. The Act applies various provisions of tobacco legislation to electronic smoking devices, such as ban on sales to minors, prohibition of e-cigarette use in places where smoking is banned, and banning vending machines.

 

Products Included

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

Definitions

“Electronic cigarette” means a vaporizer or inhalant-type device, whether called an electronic cigarette or any other name, containing a power source and heating element designed to heat a substance and produce a vapour intended to be inhaled

“Smoke” means smoke, inhale or exhale smoke from, burn, carry, hold or otherwise have control over a lit or heated cigarette, cigar, pipe, water pipe, electronic cigarette or other device that burns or heats tobacco or another substance that is intended to be smoked or inhaled

“Water pipe” means any lighted or heated smoking equipment used to burn tobacco or non-tobacco substances or any combination thereof and draw the resulting smoke through a liquid before it is inhaled For the purposes of the Tobacco Access Act,

“Electronic cigarette” means a vaporizer or inhalant-type device, whether called an electronic cigarette or any other name, containing a power source and heating element designed to heat a substance and produce a vapour intended to be inhaled and includes all components used in conjunction with the device, including the e-liquid, cartridge and any other component that may be sold separately from the device itself

Places Smoking Prohibited

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

Buffer Zones

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 clearly leading edge, putting Nova Scotia in a position of national leadership by prohibiting the use of waterpipes, electronic smoking devices, other weeds and substances province-wide, wherever they are already prohibited indoors or outdoors. It also prohibits smoking in transit shelters and within 4 m of all workplaces and in vehicles with minors under the age of 19 present.

Age Restrictions

No Sales or Promotion of e-cigs to Minors - 19
Private Vehicles with Children Present - 19

Date Passed: November 20, 2014

Date in Force: May 31, 2015

Date Last Amended:

Leading Edge: Yes

Level of Government: Provincial/Territorial

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

Bylaw Under Development? Yes

Supporting Information

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

Contact: 902-424-5818

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