10. An employer who operates a ship may designate any area on the ship that is used by employees for leisure or recreational activities as a designated smoking area.

11. An employer who operates a passenger ship may

• (a) designate any passenger cabin on the ship as a designated smoking room; and

• (b) designate any area intended for the use of passengers on the ship, other than a passenger cabin, as a designated smoking area, if the total surface area of all areas so designated does not exceed 30 per cent of the total surface area of all enclosed areas on the ship that are intended for the use of passengers, excluding passenger cabins.

12. [Repealed, SOR/95-344, s. 2]

13. An employer who operates an aircraft that is registered as a private aircraft may, for any flight of the aircraft, designate any area on the aircraft or all of the aircraft as a designated smoking area.

• 13.1 (1) For the purposes of this section,

  “monthly quota”

  “monthly quota” means

  • (a) in respect of a month that falls within the period from July 1, 1990 to June 30, 1991, 75 per cent of seat allocation,

  • (b) in respect of a month that falls within the period from July 1, 1991 to June 30, 1992, 50 per cent of seat allocation,

  • (c) in respect of a month that falls within the period from July 1, 1992 to June 30, 1993, 25 per cent of seat allocation, and

  • (d) in respect of a month that falls within the period from July 1, 1993 to June 30, 1994, 15 per cent of seat allocation; (quota mensuel)

  “seat allocation”

  “seat allocation” means the percentage of passenger seats, regardless of class, included within designated smoking areas that were designated by an employer in respect of all of the employer’s specified international flights during May 1990, or, in the case of a Canadian air carrier who commenced offering specified international flights after May 1990, 20 per cent of all passenger seats on all such flights; (contingent)

  “specified international flight”

  “specified international flight” means, in respect of flights operated by a Canadian air carrier,

  • (a) any segment of a flight between Canada and a point outside Canada that has a scheduled duration of more than six hours,

  • (b) any segment of a flight that takes place wholly outside Canada, or

  • (c) any segment of a flight that takes place wholly within Canada if

    • (i) the flight originated outside Canada,

    • (ii) the only passengers on board the aircraft are those who boarded the aircraft outside Canada, and

    • (iii) smoking was permitted on board the aircraft during the immediately preceding segment of the flight. (vol international déterminé)

• (2) Subject to subsection (3), an employer who operates an aircraft for hire or reward on a specified international flight may designate any area on the aircraft as a designated smoking area.

• (3) No employer shall designate, in respect of all of the employer’s specified international flights in any month, designated smoking areas that include within them, in total, a number of passenger seats that, when expressed as a percentage of the number of passenger seats on all of these flights, is greater than the employer’s monthly quota.

• (4) This section shall cease to have effect on June 30, 1994.