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Smoke-Free Places

Last updated: October 2009

Prepared by CCOHS

The following are references to federal, provincial and territorial legislation where you will find restrictions on workplace exposure to environmental tobacco smoke (ETS) in Canada and listings about smoke-free places. Legislation interpretation and enforcement varies by jurisdiction. Please see the Canadian Governmental Occupational Health & Safety Departments for contact information. For a more in-depth and comprehensive understanding of the legislative requirements please review the Canadian enviroOSH Legislation service plusStandards service.

In many cases, municipalities may have local by-laws that may restrict ETS in workplaces and/or public places. Please check the "Blue Pages" or other government telephone directory listings in your area to find the telephone number of the office closest to you.

Please note:

Most jurisdictions have restrictions on smoking in situations that involve working with flammable, combustible and/or explosive materials. Since these situations do not restrict tobacco smoking in terms of protecting people from the health effects of ETS, they are not included in this list.

This list is prepared by CCOHS as part of the Canadian enviroOSH Legislation service. This service is a comprehensive and easy to search compilation of the full text of Canadian health, safety and environmental legislation and critical guidelines and codes of practice from all jurisdictions. All the legislation is compiled into one convenient location and is regularly updated with amendments highlighted.

Subscribers to this service and paid learners of the CCOHS e-courses have access to the full text of the legislation listed in this document. To become a subscriber please contact Client Services.

OSH Answers

Environmental Tobacco Smoke (ETS): General Information and Health Effects

Environmental Tobacco Smoke (ETS): Workplace Policy


Non-smokers' Health Act R.S.C. 1985, c. 15 (4th Supp.)

Non-smokers' Health Regulations SOR /90-21


Tobacco Reduction Act (S.A. 2005, c. T-3.8

British Columbia

As amended by the Workers Compensation Act, R.S.B.C. 1996, c. 492

Occupational Health and Safety Regulation B.C. Reg. 296/97

Part 4, General Conditions

Environmental Tobacco Smoke

Section 4.81, Controlling exposure

Section 4.82, Designated areas


Non-smokers Health Protection Act, S.M. 1989-90, c. 41

Non-smokers Health Protection Regulation, Man. Reg. 174/2004

New Brunswick

Smoke-Free Places Act, 2005 S.N.B. 2004, c. S-9.5

General Regulation, N.B. Reg. 2004-99

Newfoundland and Labrador

Smoke-free Environment Act, 2005, S.N.L. 2005, c. S-16.2

Smoke-free Environment Regulations, 2005 N.L.R. 54/05

Northwest Territories

Mine Health and Safety Act, S.N.W.T, 1994, c. 25,

Environmental Tobacco Smoke Worksite Regulations, R083-2003

Nova Scotia

As made under the Mine Health and Safety Act, S.N.W.T, 1994, c. 25,

Smoke-free Places Act, S.N.S. 2002, c. 12

Smoke-free Places Regulations, N.S. Reg. 144/2002




Smoke-Free Ontario Act, S.O. 1994, c. 10

General O. Reg. 48/06

Prince Edward Island

Smoke-free Places Act, S.P.E.I. 2002, c. S.4.2

General Regulations, EC2003-279


Tobacco Act , R.S.Q., c. T-0.01


As made under the Occupational Health and Safety Act, 1993, R.S.S. 1993, c. O-1.1

Occupational Health and Safety Regulations, 1996 R.R.S., c. O-1, r. 1

Part VI, General Health Requirements

Section 77, Smoking


Smoke-free Places Act, S.Y. 2008, c. 8

Smoke-free Places Regulation, 2009, O.I.C. 2009/99