The proposed amendments would eliminate some of the existing exceptions to the Act that currently allow smoking in public places and workplaces.

“We would like to thank the individuals and groups who made presentations to the standing committee,” said Health Minister, Doug Currie. “The proposed amendments reflect many of the recommendations of the Standing Committee, following public consultations. I am confident that these changes will help to protect Islanders from the harmful effects of second hand smoke.”

The proposed amendments include changes to the existing legislation that will prohibit smoking in motor vehicles when minors are present. Government is also proposing amendments to the Act that will prohibit smoking on hospital grounds, with the exception of Hillsborough Hospital. The amendments proposed to the General Regulations made under the Act will also limit outdoor smoking areas in certain public places, including patios and decks of eating establishments and licensed premises.

The Amendments proposed for the Smoke Free Places Act (or to the General Regulations made under the Act) include:

• Eliminating designated smoking rooms in public places and work places;

• Eliminating designated smoking areas on hospital grounds, with the exception of Hillsborough Hospital;

• Prohibiting smoking in vehicles with minors under the ages of 19 present;

• Prohibiting smoking on patios/decks of eating establishments and licensed establishments during certain hours of operation (Exempted between the hours of 10 p.m. to 3 a.m.);

• Provide exemptions that permit designated smoking rooms for residents in long-term care facilities (public and private) as well as shelters for victims of domestic violence.

QUESTIONS AND ANSWERS -- Smoke Free Places Act

What is the purpose of the Smoke Free Places Act?

The primary purpose of the province’s Smoke Free Places Act is to protect Islanders from the harmful effects of second hand tobacco smoke. A secondary purpose of the Act is to reduce the overall consumption of tobacco products by those who smoke.

What are the amendments to the Act?

The amendments proposed to the Smoke Free Places Act (or to the General Regulations made under the Act) include:

• Eliminating designated smoking rooms in public places and work places;

• Eliminating designated smoking areas on hospital grounds, with the exception of Hillsborough Hospital;

• Prohibiting smoking in vehicles with minors under the ages of 19 present;

• Prohibiting smoking on patios/decks of eating establishments and licensed establishments during certain hours of operation (Exemption between the hours of 10 p.m. to 3 a.m.);

• Provide exemptions that permit designated smoking rooms for residents in long-term care facilities (public and private) as well as shelters for victims of domestic violence.

What changes have occurred since the original amendments were brought forward in the spring of 2008?

Amendments to the Act proposed one year ago were sent to the Standing Committee on Social Development who held public consultation on the proposed changes. The current amendments support most of the recommendations of the Standing Committee. Proposed amendments which have been removed from the new Bill include prohibition of designated smoking areas in long-term care facilities, prohibition of smoking in provincial parks as well as relaxing the prohibition of smoking on outdoor patios and decks to permit smoking during certain hours of operation.

Why are these amendments necessary?

When PEI implemented the Smoke Free Places Act in 2003, it led the country in developing smoke free public places and workplaces. Now, the Act is six years old and needs to be modernized. PEI is currently the only province to allow Designated Smoking Rooms in public places, like bars and restaurants.

How will these changes affect Islanders?

The proposed amendments would eliminate some of the existing exceptions to the Act that currently allow smoking in public places and workplaces, reducing Islanders’ exposure to second-hand smoke.

How do the proposed changes compare to other provinces?

Designated Smoking Rooms:

• PEI is the only province that still permits Designated Smoking Rooms.

Smoking on Hospital Grounds:

• Smoking has already been prohibited by individual hospitals or health entities within Canada, such as the Capitol Health in Halifax, (which includes QE2 and IWK), the Calgary Health Region and the Provincial Health Services Authority in British Columbia. PEI would be the first province to ban smoking provincially on all hospital grounds. This proposed amendment was supported by the Standing Committee report.

Smoking on Patios and Decks:

• A majority of the provinces have legislation restricting smoking on patios and decks of eating establishments.

Smoking in Vehicles:

• Nova Scotia, Ontario, Yukon and British Columbia have all passed legislation that prohibits smoking in vehicles when children are present. The city of Summerside recently adopted a motion to ban smoking in cars with minors present. This was also supported by the Standing Committee Report.

What is the penalty for non-compliance with amendments to the Act?

Currently, fines for breaking the act range from $500 to a maximum of $2,000. A proposed amendment to the Act reduces the minimum fine for a contravention of the Act from $500 to $100 to reflect that fines may now be levied against the individual for smoking in a vehicle when minors are present.

If the amendments are passed, when will the changes to the Smoke Free Places Act be enforced?

The changes will become law on the date of proclamation (September 15). The changes will not come into full effect immediately, in order to allow business owners who may be affected by the amendments to make any required changes to their operation.