Non-smokers’ Health Act

Marginal note:Exclusion from application

• 8.2 (1) The Governor in Council may by regulation exclude, in whole or in part, from the application of any or all of the provisions of this Act any employment, or any class or classes of employment, on or in connection with a work or undertaking set out in the regulation whose activities are regulated, in whole or in part, pursuant to the Nuclear Safety and Control Act.

• Marginal note:Regulations

  (2) On the recommendation of the Minister of Labour, the Governor in Council may make regulations respecting smoking in a workplace at which is carried on employment that is subject to a regulation made under subsection (1).

• Marginal note:Incorporation of provincial law

  (3) A regulation made under subsection (2) incorporating by reference, in whole or in part, an Act of the legislature of a province or an instrument made under such an Act may incorporate the Act or instrument as amended to a certain date or from time to time.

• Marginal note:Application of regulation

  (4) A regulation made under subsection (2) may apply

  • (a) generally, with respect to all employment that is subject to a regulation made pursuant to subsection (1); or

  • (b) to any class or classes of employment that are subject to a regulation made pursuant to subsection (1).

• Marginal note:Administration and enforcement

  (5) A regulation made under subsection (2) incorporating an Act or instrument shall, after consultation by the Minister of Labour with the appropriate provincial minister, be administered and enforced by the person or authority that is responsible for the administration and enforcement of the Act or instrument.

• Marginal note:Offence and penalty

  (6) Every person who contravenes a regulation made under subsection (2) by contravening a provision of an Act of the legislature of a province that, or an instrument made under such an Act that, is incorporated by the regulation is guilty of an offence against this Act and liable to the same punishment as is imposed by or under an Act of that legislature for the contravention of that provision.

• Marginal note:Procedure

  (7) The prosecution of an offence in respect of a contravention described in subsection (6) shall be commenced by the attorney general of the province in which the offence was committed.