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HOME / CHIEF PUBLIC HEALTH OFFICE / ENVIRONMENTAL HEALTH / ENVIRONMENTAL HEALTH PROGRAMS AND SERVICES / SMOKE-FREE PLACES /

Regulation Highlights

Definitions and terms

• door - includes air curtain, if gives access to patio
• patio - any outdoor area that is used or operated as part of a restaurant or bar
• negative air pressure - a state of air pressure in a room induced by an independent ventilation system that is less than that in the areas or rooms immediately adjoining the room.

Designation of area (public place or workplace) or room (long term care facility) for smoking

• Method of designation: owner/operator/employer post sign at entrance to smoking area
• Details and restrictions concerning location of outdoor area:
  • with no patio: 4.5m (15ft) from any entrance & 4.5m (15ft) from outdoor air intake
  • with an existing patio: 2.4m (8ft) from any entrance
  • the above distances shall be measured from the side of the entrance or outdoor air intake that is closest to the designated smoking area

Signs

• For smoke-free premises and those with designated smoking areas signs must be located at every entrance
• Dimensions: at least 21cm (8.5in) wide and at least 28cm (11in) high
• Reference to Schedules A: Designated Smoking Area Sign, B: Smoke-free Sign & C: Smoking not permitted outside of designated smoking area sign where wording appears
• Requirement that owners ensure signs not obstructed and are replaced if damaged

Employees and employer requirements

• 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 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.

Inspectors

• Liquor control inspectors
• Occupational health and safety officers
• Environmental Health Officers