Third

Session, 48th General Assembly

Elizabeth II, 2018

BILL 22

AN ACT TO AMEND THE SMOKE-FREE

ENVIRONMENT ACT, 2005

Received

and Read the First Time ................................................................

Second

Reading ............................................................................................

Committee .....................................................................................................

Third

Reading ...............................................................................................

Royal

Assent .................................................................................................

HONOURABLE LISA

DEMPSTER

Minister of

Children, Seniors and Social Development

Ordered to be printed by

the Honourable House of Assembly

EXPLANATORY NOTES

This

Bill would amend the Smoke-free

Environment Act, 2005 so that it applies to smoking cannabis.

A BILL

AN ACT TO AMEND THE SMOKE-FREE ENVIRONMENT

ACT, 2005

Analysis

S.2 Amdt.

Definitions

2. S.4 Amdt.

Prohibition

S.5 R&S

Designated rooms

S.6 Amdt.

Signs required

5. S.11 Amdt.

Regulations

NLR 54/05 Amdt.

Commencement

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

SNL2005 cS-16.2

as amended

(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i) of the Act is repealed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e) of the Act is repealed and the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i) of the Act is repealed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 Subsection 4(2) of the Act is repealed.

Section 5 of the Act is repealed and the

following substituted:

Designated rooms

(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) i nhale 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

shish a 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