Second Session, 44th General Assembly

49 Elizabeth II, 2000

BILL 38

AN ACT TO AMEND THE SMOKE-FREE ENVIRONMENT ACT

Received and Read the First Time

Second Reading

Committee

Third Reading

Royal Assent

HONOURABLE ROGER GRIMES

Minister of Health and Community Services

Ordered to be printed by the Honourable House of Assembly

EXPLANATORY NOTES

Clause 1 of the Bill would amend

section 5 of the Smoke-free Environment Act to prohibit smoking in food establishments and in public places that are frequented by children. These places may be further clarified by regulation.

Clause 2 of the Bill would add a subsection 6(4) to the Act to ensure that owners and employers enforce the smoking prohibition in food establishments referred to in clause 1.

Clause 3 of the Bill would amend subsection 8(3) of the Act by adding a paragraph that would permit offences under the Act to be prosecuted by way of ticketing under the Provincial Offences Act.

Clause 4 of the Bill would repeal and replace the regulatory

section 12 of the Act to add the ability to make regulations with respect to food establishment and public place prohibitions referred to in clause 1.

Clause 5 of the Bill would bring this Act into force on January 1, 2002.

A BILL

AN ACT TO AMEND THE SMOKE-FREE ENVIRONMENT ACT

Analysis

1. S.5 Amdt.

Exclusions

2. S.6. Amdt.

Duty of employers

3. S.8 Amdt

Inspectors

4. S.12 R & S

Regulations

5. Commencement

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

SN1993 cS-16.1

as amended

Section 5 of the Smoke-free Environment Act is amended by renumbering it as subsection 5(1) and by adding immediately after that subsection the following:

(2) Notwithstanding

section 4, a person shall not smoke in a food establishment specified in the regulations.

(3) Notwithstanding

section 4, the Lieutenant-Governor in Council may, by regulation, establish public places where a person shall not smoke because those places are open to persons who are under the age of majority.

Section 6 of the Act is amended by adding immediately after subsection (3) the following:

(4) Where subsection 5(2) applies, an owner, employer and a person acting on behalf of an owner or employer shall ensure that a person refrains from smoking in a food establishment in accordance with that subsection.

3. Subsection 8(3) of the Act is amended by adding immediately after paragraph (

a) the following

(a.1) may commence proceedings, which may be in the form of a ticket issued under the Provincial Offences Act , in respect of a violation of this Act;

Section 12 of the Act is repealed and the following substituted

Regulations

12. The Lieutenant-Governor in Council may make regulations

(

a) prescribing signs and providing for their use;

(

b) respecting independent ventilation of a designated smoking room or area in a public place or in a workplace;

(

c) defining a term that is not otherwise defined in the Act;

(

d) exempting buildings or parts of buildings from the application of this Act;

(

e) respecting the prohibition of smoking in food establishments at specified times and in specified types of food establishments; and

(

f) establishing those public places where smoking shall be prohibited for the purpose of subsection 5(3).

Commencement

5. This Act shall come into force on January 1, 2002.

©Earl G. Tucker, Queen's Printer