This consolidation is unofficial and is for reference only.

For the official version of the regulations, consult the original documents on file with the Registry of Regulations , or refer to the Royal Gazette

Part II .

Regulations are amended frequently.

Please check the list of Regulations by Act to see if there are any recent amendments to these regulations filed with the Registry that are not yet included in this consolidation.

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Smoke-free Places Regulations

made under

Section 15 of the

Smoke-free Places Act

S.N.S. 2002, c. 12

O.I.C. 2002-536 (Nov. 28, 2002, effective Jan. 1, 2003), N.S. Reg. 144/2002

as amended by O.I.C. 2006-467 (Nov. 6, 2006, effective Dec. 1, 2006), N.S. Reg. 206/2006

Citation

1 These regulations may be cited as the Smoke-free Places Regulations .

Interpretation

(1) In these regulations,

(a) “Act” means the Smoke-free Places Act ;

(b) “ASHRAE Standard 62-2001” means the document entitled “Ventilation for

Acceptable Indoor Air Quality” published by the American Society of Heating,

Refrigerating and Air-conditioning Engineers, Inc.;

(ba) “ashtray” means any receptacle for tobacco ashes or cigar or cigarette butts,

whether originally designed for that purpose or not;

Clause 2(1)(ba) added: O.I.C. 2003-510, N.S. Reg. 206/2003.

(c) “casino complex” means a casino complex as defined in the operating contract

between the Nova Scotia Gaming Corporation and the Metropolitan

Entertainment Group, dated May 31, 1995, or any successor operating contract;

Clause 2(1)(

c) amended: O.I.C. 2006-467, N.S. Reg. 206/2006.

(d) “designated smoking room” means a structurally separate room in which

smoking is permitted by subsection 6(1) of the Act and that is located and

ventilated in accordance with these regulations;

Clause 2(1)(

d) replaced: O.I.C. 2006-467, N.S. Reg. 206/2006.

(e) “engineer” means an engineer who is registered pursuant to the Engineering

Professions Act to practice engineering;

(f) “make-up air” means air that originates from outside of an enclosed place, or

outside of a designated smoking room;

(g) “owner” means an owner of

(

i) an enclosed place, or

(ii) a place of employment

that contains a designated smoking room;

(h) “structurally separate”, in relation to a room, means having contiguous walls

and an adjoining ceiling; and

(i) “ventilation system” means a system used in a designated smoking room to

provide the separate exhaust ventilation required by subsections 6(1) and 8(5)

of the Act.

(2) For the purposes of the Act and these regulations,

(a) “beverage room” means an establishment operating under a current beverage

room licence issued in respect of it pursuant to the Liquor Control Act ;

(b) “lounge” means an establishment operating under a current lounge licence

issued in respect of it pursuant to the Liquor Control Act and includes an

enclosed place at a community college or university where alcoholic beverages

are served in accordance with a licence issued pursuant to the Liquor Control

Act ;

Clause 2(2)(

b) replaced: O.I.C. 2003-510, N.S. Reg. 206/2003.

(c) “restaurant” means an establishment that is

(

i) operating under a current eating establishment licence issued in respect

of it pursuant to the Health [ Protection ] Act and for which a current

liquor licence has not been issued pursuant to the Liquor Control Act , or

(ii) operating under a current eating establishment liquor licence issued in

respect of it pursuant to the Liquor Control Act and for which a current

lounge licence has not been issued pursuant to that Act.

(3) For the purposes of the Act and these regulations, “enclosed place” is further defined

as including a casino complex.

Subsection 2(3) replaced: O.I.C. 2006-467, N.S. Reg. 206/2006.

(4) For the purposes of subsection 11(8) of the Act, “ensuring compliance with any

enactment” includes the evaluating by Health Canada of compliance with the

enactment.

(5) For the purposes of clause 5(1)(nc) of the Act, “private club” means an enclosed

place or that part of an enclosed place out of which a society incorporated under the

Societies Act operates for a social purpose according to the society’s memorandum

of association, if

(

a) the society has a fixed membership list;

(

b) each member of the society pays mandatory annual or periodic membership

dues; and

(

c) a non-member of the society cannot enter the enclosed place for the purpose of

consuming food or beverages unless accompanied by a member.

Subsection 2(5) added: O.I.C. 2003-510, N.S. Reg. 206/2003; amended: O.I.C. 2006-467, N.S. Reg. 206/2006.

Subsection 2(6) repealed: O.I.C. 2006-467, N.S. Reg. 206/2006.

Location requirement for a designated smoking room

2A

(1) A designated smoking room must be located so that a person is not required to enter

into it to access an area where smoking is prohibited by the Act.

Subsection 2A(2) repealed: O.I.C. 2006-467, N.S. Reg. 206/2006.

Ventilation requirements for a designated smoking room

(1) A designated smoking room may have wall or ceiling openings as long as the

minimum velocity required by subclause (2)(b)(ii) for make-up air flowing into the

room is maintained.

(2) A ventilation system must

(

a) be designed to have sufficient capacity for the occupancy level of the

designated smoking room as determined by the owner, but not exceeding the

maximum occupancy level permitted by law;

(

b) during all hours of operation of the enclosed place, maintain the flow of make-up air into the designated smoking room at

(

i) a minimum rate of 15 liters per second per occupant of the designated

smoking room, based on the number of occupants averaged over any 15-minute period during the hours of operation; and

(ii) a minimum velocity of 0.36 metres per second through each opening.

Ventilation system design, operation and maintenance documentation

(1) Prior to using a ventilation system for the first time, an owner shall ensure that an

engineer

(

a) prepares the physical and mechanical design specifications for the ventilation

system;

(

b) prepares an operation and maintenance plan for the ventilation system, which

shall include written procedures for the operation, inspection, testing, cleaning,

calibration, and maintenance of the ventilation system;

(

c) conducts a functional performance test of the ventilation system and prepares a

report of the test results; and

(

d) prepares a certificate stating that the ventilation system

(

i) has been designed and installed in conformance with ASHRAE Standard

62-2001,

(ii) at the time of the functional performance test conducted pursuant to

clause (c), was operating in conformance with ASHRAE Standard 62-2001, and

(iii) is capable of operating at the occupancy level for which it was designed.

(2) The written procedures required by clause (1)(

b) must

(

a) be adequate to ensure that the ventilation system is monitored properly and

maintained in conformance with its physical and mechanical design

specifications;

(

b) specify the manner of operation of the ventilation system, including the hours

of operation;

(

c) specify the nature and frequency of inspections, testing, cleaning, calibration,

and maintenance of the ventilation system; and

(

d) be reviewed by an engineer, and amended if necessary,

(

i) if the ventilation system is modified so as to materially affect its ability to

ventilate the designated smoking room in conformance with its

mechanical and design specifications,

(ii) if an inspection of the ventilation system identifies non-conformance

with its physical and mechanical design specifications so as to require

changes to its operation and maintenance, or

(iii) at least every 5 years.

(3) An owner shall keep the documents referred to in subsection (1) available for

inspection.

(4) If a document referred to in subsection (1) is amended in accordance with clause

(2)(d), the owner is required to keep only the most current version of the document

for the purposes of subsection (3).

Records

(1) An owner must ensure that a record is made of each inspection, testing, cleaning,

calibration, and maintenance activity respecting the ventilation system, as required by

the written procedures established pursuant to clause 4(1)(b).

(2) A record required by subsection (1) must specify

(

a) the date and type of activity performed;

(

b) the name of the person who performed the activity and their employer;

(

c) the components of the ventilation system involved; and

(

d) the test results, observed deficiencies, and any remedial action taken,

and must be kept for at least 2 years.

Maximum size of a designated smoking room

6 The maximum size of a designated smoking room must be

(a) 92.9 m 2 for a place with an area less than 929 m 2 ; or

(b) 10% of the total area for a place with an area greater than 929 m 2 .

Section 6 replaced: O.I.C. 2006-467, N.S. Reg. 206/2006.

Signage

Schedule "A" measuring at least 21 cm in width and at least 30 cm in height.

(2) A “Designated Smoking Room” sign must be

(

a) placed immediately above or in close proximity to each entrance of a

designated smoking room; and

(

b) unobstructed by other signs, advertisements or promotions.

(3) An owner must assume any costs associated with the signage required by this

Section.

(4) An inspector may order the removal of a sign that the inspector finds to be in

violation of these regulations.

Section 8 to 11 repealed: O.I.C. 2006-467, N.S. Reg. 206/2006.

Schedule A

(21 cm x 30 cm)

DESIGNATED SMOKING ROOM

ONLY RESIDENTS PERMITTED

NO PERSONS UNDER 19 PERMITTED

MAXIMUM OCCUPANCY = [figure determined by owner in

accordance with Provincial laws]