Non-smokers’ Health Regulations (SOR/90-21)
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Regulations are current to 2013-04-29 and last amended on 2007-10-25. Previous Versions
Non-smokers’ Health Regulations
SOR/90-21
Registration 1989-12-14
Regulations Respecting the Health of Non-Smokers
P.C. 1989-2463 1989-12-14
Her Excellency the Governor General in Council, on the recommendation of the Minister of Labour and the Minister of Transport, pursuant to subsection 7(1)Footnote * of the Non-smokers’ Health ActFootnote **, is pleased hereby to make the annexed Regulations respecting the health of non-smokers, as of the date of the coming into force of the said Act.
Return to footnote *S.C. 1989, c. 7, s. 1
Return to footnote **R.S., c. 15 (4th Supp.)
SHORT TITLE
1. These Regulations may be cited as the Non-smokers’ Health Regulations.
INTERPRETATION
2. In these Regulations,
- “Act”
“Act” means the Non-smokers’ Health Act; (Loi)
- “ASHRAE”
“ASHRAE”[Repealed, SOR/2007-233, s. 1]
- “entity charter”
“entity charter”[Repealed, SOR/95-344, s. 1]
- “living accommodation”
“living accommodation” means separate living or sleeping quarters set aside by an employer for the accommodation of persons at a work place. (local d’habitation)
- SOR/95-344, s. 1;
- SOR/2007-233, s. 1.
DESIGNATED SMOKING ROOMS AND DESIGNATED SMOKING AREAS
3. [Repealed, SOR/2007-233, s. 2]
4. An employer may designate the following rooms or areas in a work space under the control of the employer as designated smoking rooms or designated smoking areas:
(a) any living accommodation;
(b) any motor vehicle, lighthouse, crane cab, caboose, locomotive or other room or area in the work space
(i) that is not incorporated within any other work space,
(ii) that does not share a ventilation system with any other work space, and
(iii) to which only one person normally has access during a shift; and
(c) any room on a ship to which only one person normally has access during a shift.
- SOR/2007-233, s. 3.
5. (1) Every employer shall ensure that all designated smoking areas in a work space under the employer’s control are
(a) equipped with ashtrays or non-combustible covered receptacles for the disposal of wastes; and
(b) identified as a designated smoking area by a sign that meets the requirements set out in subsection 6(2) and is clearly visible to any person who approaches the area.
(2) Paragraph (1)(b) does not apply in respect of a room or area described in paragraph 4(b) or (c).
NOTICE OF SMOKING RESTRICTIONS
6. (1) Every employer shall, by notice in writing or by posting clearly visible signs, inform all employees in a work space under the control of the employer
(a) that smoking is prohibited in all work spaces except in designated smoking rooms and designated smoking areas, if any; and
(b) of the location of all such rooms and areas.
(2) The signs referred to in subsection (1) shall be
(a) in writing; or
(b) substantially in the form of an appropriate symbol depicted in Schedule I, in the applicable colours referred to in that Schedule.
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