Fourth

Session, 46th General Assembly

Elizabeth II, 2011

BILL 5

AN ACT TO AMEND THE

SMOKE-FREE

ENVIRONMENT ACT, 2005

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

Second Reading .................................................................................................................................

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

Third Reading .....................................................................................................................................

Royal Assent ......................................................................................................................................

HONOURABLE

JEROME P. KENNEDY, Q.C.

Minister of Health and Community Services

Ordered

to be printed by the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the Smoke-free Environment Act, 2005 to

prohibit smoking in a motor vehicle while a person under 16 years of age is

present in that motor vehicle.

The Bill would also prohibit

designated smoking rooms in all workplaces except a workplace that is a remote

worksite, an underground mining operation or a marine installation or

structure.

A BILL

AN ACT TO AMEND THE SMOKE-FREE ENVIRONMENT

ACT, 2005

Analysis

S.2 Amdt.

Definitions

S.5 Amdt.

Designated smoking room

S.6.1 Added

Protection for people under 16 years of age in motor vehicles

S.8.1 Added

Enforcement by police officers

S.11 Amdt.

Regulations

6. Commencement

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

SNL2005 cS-16.2

Section 2 of the Smoke-free Environment Act, 2005 is amended by adding immediately after paragraph (

h) the following:

(h.1) "motor vehicle" means a motor

vehicle as defined in the Highway Traffic

Act ;

2. (1) Subsection 5(1) of the Act is repealed

and the following substituted:

Designated

smoking room

(1) 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

section 152 of the Canada-Newfoundland

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 for employees.

(2) Subsection 5(3) of the Act is amended by

adding the words "referred to in subsection (1)" immediately after

the word "workplace".

3. The Act is amended by adding immediately after

section 6 the following:

Protection for

people under 16 years of age in motor vehicles

6.1 A

person shall not drive or have the care or control of a motor vehicle, whether

it is in motion or not,

(

a) while there is a person smoking in the motor

vehicle; and

(

b) that motor vehicle is occupied by a person under

16 years of age,

whether or not a window, sunroof, car-top,

door or other feature of the motor vehicle is open.

4. The Act is amended by adding immediately after

section 8 the following:

Enforcement by

police officers

8.1

(1) Notwithstanding

section 7,

section 6.1 shall be enforced by police officers.

(2) For the purpose of ensuring compliance with

section

6.1, a police officer may require the driver of a motor vehicle to stop.

(3) The driver of a motor vehicle, when signalled

or requested to stop by a police officer, shall immediately come to a safe

stop.

(4) At a trial to determine whether a

contravention of

section 6.1 has occurred, a court may find evidence that the police

officer enforcing the

section honestly and reasonably believed a person present

in the motor vehicle to be under 16 years of age to be sufficient proof of the person's

age, unless the accused shows on a balance of probabilities that the person was,

at the time of the offence, 16 years of age or more.

Section 11 of the Act is amended by adding

immediately after paragraph (

b) the following:

(b.1) designating a worksite as a remote worksite

for the purpose of subsection 5(1);

Commencement

6. This Act comes into force on July 1, 2011.

William E. Parsons, Queen's Printer