Designated Smoking Areas
A Designated Smoking Area means an area of a public place or workplace that is designated as a designated smoking area under the Smoke-Free Places Act or as a designated smoking room.
Only a Long Term Care Facility or a Shelter for Victims of Domestic Violence can designate a room in the place as a designated smoking room (see below). All other public places or workplaces may designate an outdoor area for smoking.
Long Term Care Facility or Shelter for Victims of Domestic Violence:
A Designated Smoking Room (DSR) is a room in a long term care facility that is designated as a designated smoking area under the Act.
A DSR in a Long Term Care Facility must:
- be a fully enclosed room with walls, a ceiling, windows and doors,
- have a fan and direct vent exhaust system that provides a ventilation rate of not less than 15 air changes per hour,
- prevents the movement of smoke from the room into the non-smoking areas of the facility,
- complies with all relevant provincial and municipal laws.
Public Place or Workplace:
Subject to the Smoke-Free Places Act and Regulations an owner of a public place or workplace or an employer at a workplace may designate an outdoor area of the public place or workplace as a designated smoking area.
- with no patio: the designated smoking area must be 4.5m (15ft) from any entrance & 4.5m (15ft) from fresh air intake
- where all or part of the designated area is a patio: 2.4m (8ft) from any entrance
- the above distances shall be measured from the side of the entrance or intake that is closest to the designated smoking area
Please note: Effective September 15, 2009 smoking will not be permitted on outdoor patios and decks. However, an exception will permit patrons to smoke on the designated area of the patio or deck after 10:00pm. This time was chosen to coincide with restrictions in the Liquor Control Act for minors present in a licensed area accompanied by an adult. Therefore, smoking is permitted for patrions from 10:00pm until the prescribed closing time set by the PEI Liquor Control Commission and up to 3:00am for working staff.
In places that choose to have a designated smoking area, the owner or operator must post a sign near each entrance to the designated smoking area (as set out in the regulations) . And, a sign must be posted at each entrance of a premise that has a designated smoking area stating that smoking is not permitted outside of the designated smoking area. Indoor signs will be available for download from the smoke-free places website.
- Employers cannot require employees to enter a designated smoking area.
- Owners or employers may permit an employee to enter a designated smoking area only if the employee has volunteered to work in the designated smoking area and even then the employee can spend no more than 20% of their work day or shift in the room.
- Employees may enter a designated smoking area to respond to an emergency or if the room is free from second-hand smoke.
- It is the responsibility of the owner or employer to keep written records of the staff time spent in the DSR.