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Changes to the Smoke-Free Environment Act 2005

On July 1, 2011 amendments to the Smoke-Free Environment Act, 2005 will come into force that will further protect the public, in particular children and workers, from exposure to second-hand smoke. The new amendments will prohibit:

• Smoking in motor vehicles while persons under 16 years of age are present
• Designated smoking rooms in workplaces

PUBLIC INFORMATION

Smoke-Free Cars for Kids

As of July 1, 2011, it will be illegal to smoke in a motor vehicle when a person under the age of 16 is present. Newfoundland and Labrador is the ninth Provincial/Territorial jurisdiction in Canada to ban smoking in motor vehicles.

Children breathe easier in smoke-free cars - The new law is about protecting children and youth from exposure to second-hand smoke while in a motor vehicle. Research shows there is no safe level of exposure to second-hand smoke. In cars, smoke is concentrated in a smaller space. As a result, second-hand smoke can reach very high levels.

When someone smokes inside a car, everyone inside breathes it in. This is harmful to everyone, but is more dangerous to children than adults because their lungs are smaller and they breathe more rapidly.  Children who breathe second-hand smoke are more likely to suffer acute health effects such as:

• asthma
• ear and throat infections
• colds, bronchitis, pneumonia
• allergies

Who is held responsible? What is the fine? Smoking in a motor vehicle, while someone under the age of 16 is present, will be an offence under the Smoke-free Environment Act, 2005. The driver, as the person in care and control of the motor vehicle, could be fined ($50-$500) in the event of a violation. This law applies to both moving and stationary motor vehicles regardless of whether any window, sunroof, rooftop or door, of the vehicle is open.

Who will enforce the new law? The Royal Newfoundland Constabulary and the Royal Canadian Mounted Police will have the authority to enforce the smoking in motor vehicles provisions as part of their regular patrol duties, however, voluntary compliance is our objective.

Public Awareness Materials

• Smoke-Free Cars Poster (1.6MB)
• Smoke-Free Cars Radio Ad   (481 KB)
• Making Your Home and Car Smoke-Free (1.5 MB)

EMPLOYERS & EMPLOYEES INFORMATION

Designated Smoking Rooms (DSRs)

Since 1994 Smoke-free Environment legislation has prohibited smoking in workplaces in Newfoundland and Labrador. However, employers were permitted to have indoor designated smoking rooms (DSRs) that met specific ventilation requirements for use by employees.

As of July 1, 2011, DSRs will no longer be permitted in workplaces in Newfoundland and Labrador. All other jurisdictions in Canada, with limited exemptions, have banned DSRs in workplaces.

It’s About Protecting Employees’ Health - Removing DSRs in workplaces supports the creation of smoke-free environments which can lead to employees reducing or quitting smoking and provides all employees with a healthy workplace. Although DSRs were permitted as a means to reduce the impact of second-hand smoke in the workplace, research indicates that using a ventilation system does not completely eliminate exposure to second-hand smoke. Therefore, workers are exposed to second-hand smoke in DSRs and those who are in the non-smoking areas are also exposed, due to uncontrolled leakage.

Are there any exemptions? Facilities that provide long term care, including a long term care facility located within an acute care facility; or is a psychiatric facility or unit, may allow smoking for residents of that facility in a designated smoking room. However, each Regional Health Authority in the province has its own Smoke-free Policy and may prohibit designated smoking rooms in these specific areas.

A workplace that is a remote worksite, an underground mining operation or a marine installation or structure will be exempt from the workplace provision.

Who is responsible for enforcing the new law? The employer is responsible to ensure that smoking does not occur in his/her workplace. Officials with Occupational Health and Safety, Department of Government Services are responsible for enforcing the workplace provisions of the Smoke-free Environment Act, 2005.

Employers and employees who fail to comply with the provisions of the legislation of the legislation may face fines of $500-$5000, and $50-$500, respectively.

Supporting Employees to Quit Smoking - Quitting smoking will greatly improve employees' health. Many employers already encourage and support employees in their efforts to quit smoking. The Newfoundland and Labrador Lung Association Smokers’ Helpline Work -To- Be Smoke-Free Program is designed to assist employers to create smoke-free environments and assist employees in their efforts to quit. For information, please contact the Smokers’ Helpline at 1-800 363 LUNG (5864).

• Work to be Tobacco Free Resource (10.1 MB)

To obtain further information about the amendments to the Smoke-Free Environment Act, 2005, please call 709-729-0724.