Prince Edward Island | Prince Edward Island

Bill No. 9, An Act to Amend the Smoke-free Places Act: Chapter S-4.2, Smoke-free Places Act (consolidated)

The 2009 amendments to the Smoke-free Places Act removed designated smoking rooms and greatly improved protection  in a variety of environments indoors and out.

Smoking is now prohibited in virtually all workplaces and public places, including restaurants and bars, private motor vehicles with children under the age of 19 present, construction sites, hospitals and hospital property (Hillsborough Hospital exempted – an outdoor smoking area is permitted), outdoor patios except between the hours of 10 pm and 3 am, within 4.5 m of entrances and air intakes of public places and workplaces and within 2.4 m of entrances where all or part of the outdoor area is used as a patio.

Designated smoking rooms are permitted in long-term care facilities. Further amendments to PEI’s Smoke-free Places Act were introduced on 9 June 2015. The amended law now prohibits the use of electronic cigarettes and waterpipes wherever regular cigarettes are prohibited, both indoors and outdoors.

The amended Act came into force on 1 September 2015. PEI has developed a new sign to indicate no smoking and no use of e-cigarettes are allowed. It can be seen on the last page of the Regulations. (See Supporting Material box to the right)

Products Included

Cigarettes, Cigars, Pipes, Electronic Smoking Devices, Waterpipes

Definitions

“Electronic smoking device” means an electronic or battery-operated device used or intended to be used to deliver vapourized solutions by inhalation from the device in a manner that resembles smoking tobacco, such as an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe or electronic waterpipe;

“Second-hand smoke” means a mixture of the gases, particles or vapours (i) released into the air by (A) an ignited tobacco product, or (B) an operating electronic smoking device, waterpipe or other device or instrument used or intended to be used to deliver vapour or smoke by inhalation from the device in a manner that resembles smoking tobacco, and (ii) exhaled by a person who has inhaled gases, particles or vapours from a product, device or instrument referred to in subclause (i);

“Smoke”, as a verb, means to smoke, utilize, hold or otherwise have control over (i) an ignited tobacco product, or (ii) an operating electronic smoking device, waterpipe or other device or instrument used or intended to be used to deliver vapour or smoke by inhalation from the device in a manner that resembles smoking tobacco;

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

“Waterpipe” means an instrument used or intended to be used to smoke tobacco or other products, in which smoke generated during its operation passes through a liquid before it may be inhaled from the instrument.

Places Smoking Prohibited

Construction Sites
Doorways, air intakes, operable windows
Hospital Grounds
Private Vehicles with Children Present

Buffer Zones

Doorways, Air Intakes and Operable Windows - Buffer Zone 1-10 m
Patios - Buffer Zone 1-10 m

Policy Analysis

Technically, this legislation is considered leading edge because smoking is prohibited on construction sites and on hospital grounds (mental hospital exempted with an outdoor designated smoking area).

However, the legislation has a few loopholes that weaken it. For example, designated smoking areas are not recommended and other mental health facilities across the country have successfully adopted smoke-free grounds policies. Allowing smoking at specific times on outdoor patios is not recommended as that does not protect staff. This loophole sends mixed messages about the health hazards of secondhand smoke and the Act would be much stronger if it were eliminated.

Furthermore, neither 2.4 m nor 4.5 m is a great enough distance to prevent smoke from entering buildings and creating a nuisance or health hazard for people entering and exiting. At least 7 m is recommended based on outdoor SHS scientific research.

The construction site smoking prohibition is a Canadian precedent. In addition, smoking is prohibited in private vehicles with minors under the age of 19 present.

Age Restrictions

Private Vehicles with Children Present - 19

Enforcement

Allowing smoking at specific times on outdoor patios and an exemption for one hospital creates confusion among the public and complicates enforcement.

Date Passed: July 10, 2015

Date in Force: September 1, 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? No

Supporting Information

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

Contact: 902-368-6414

Back to Bylaw Search Page