Be it enacted by the Lieutenant-Governor and
House of Assembly in Legislative Session convened, as follows:
SNL2005 cS-16.2
as amended
1. (1) Section 2 of the Smoke-free Environment Act, 2005 is amended by renumbering
paragraph (a.1) as paragraph (a.2) and adding immediately before that paragraph
the following:
(a.1) "cannabis" means cannabis as defined
in the Cannabis Control Act;
(2) Subparagraph 2(b.2)(i) of the Act is repealed
and the following substituted:
(i) for use in an e-cigarette that, on being
heated, produces a vapour, regardless of whether the solid, liquid or gas
contains nicotine or cannabis, and
(3) Paragraph 2(e) of the Act is repealed and the
following substituted:
(e) "facility" means a facility described
in subsection 5(4);
(4) Subparagraph 2(l)(i) of the Act is repealed
and the following substituted:
(i) to smoke, hold or otherwise have control over
an ignited tobacco product or ignited cannabis,
2. Subsection 4(2) of the Act is repealed.
3. Section 5 of the Act is repealed and the
following substituted:
Designated rooms
5. (1) In
subsection (2),
(a) "smoking" means to smoke, hold or otherwise
have control over an ignited tobacco product; and
(b) "e-cigarette use" means to
(i) inhale or exhale vapour from an e-cigarette that has in it an e-substance
which does not contain cannabis, or
(ii) to hold or otherwise have control over an activated
e-cigarette that has
in it an e-substance which does not contain cannabis.
(2) Notwithstanding paragraph 4(1)(a), in a
workplace that is
(a) a remote worksite as designated by the regulations;
(b) an underground mining operation; or
(c) a marine installation or structure as defined
in subsection 205.001(1) of the Canada-Newfoundland
and Labrador Atlantic Accord Implementation Act (Canada),
an employer may, in accordance with the
regulations, designate one or more enclosed rooms that are under that
employer's control as designated smoking rooms or designated e-cigarette use
rooms for employees.
(3) In subsections (4) to (7),
(a) "smoking" means to smoke, hold or
otherwise have control over an ignited tobacco product or ignited cannabis; and
(b) "e-cigarette use" means to inhale or
exhale vapour from an e-cigarette or to hold or otherwise have control over an
activated e-cigarette.
(4) Notwithstanding paragraphs 4(1)(a) and (d), in
a facility that
(a) provides long term care, including a long term
care facility located within an acute care facility; or
(b) is a psychiatric facility or unit,
an operator may, in accordance with the
regulations, designate one or more enclosed rooms that are under that operator's
control as designated smoking rooms or designated e-cigarette use rooms for residents
of that facility.
(5) An employer or operator and a person acting on
behalf of either shall ensure that persons refrain from smoking or using an
e-cigarette in a
(a) workplace referred to in subsection (2); or
(b) facility referred to in subsection (4),
under that employer's or operator's
control other than in a room designated for that purpose under subsection (2)
or (4).
(6) A room that is normally used or occupied by
non-smokers shall not be made a designated smoking room.
(7) A room that is normally used or occupied by
non e-cigarette users shall not be made a designated e-cigarette use room.
4. Subsection 6(2) of the Act is repealed and the
following substituted:
(2) An employer or operator shall post signs that
identify designated smoking rooms and designated e-cigarette use rooms in a workplace
referred to in subsection 5(2) and a facility referred to in subsection 5(4).
5. Paragraph 11(b.1) of the Act is repealed and
the following substituted:
(b.1) designating a worksite as a remote worksite
for the purpose of subsection 5(2);
NLR 54/05 Amdt.
6. Subsection 4(2) of the Smoke-free Environment Regulations, 2005 is repealed and the
following substituted:
(2) Notwithstanding that the symbol described in
paragraph (1)(a) includes a cigarette, it shall be considered to refer to the
smoking of any tobacco product, cannabis, vapour product or non-tobacco
shisha product.
Commencement
7. This Act, or a section, subsection, paragraph
or subparagraph of this Act, comes into force on a day or days to be proclaimed
by the Lieutenant-Governor in Council.
©Queen's Printer