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Smoke-Free Places

Last updated: August 2016

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 plus Standards 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

As amended by the Traffic Safety Act, R.S.A. 2000, c. T-6;

Commercial Vehicle Safety Regulation, Alta. Reg. 121/2009

Section 25, Use of tobacco, etc

British Columbia

Motor Vehicle Act, R.S.B.C. 1996, c. 318

Part 4

Section 231.1 Smoking in motor vehicle prohibited

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

Tobacco Control Act, R.S.B.C. 1996, c. 451

Section 2.2, No smoking or other tobacco use in schools

Section 2.3, No smoking in or near certain places

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

As made under Safety Act, R.S.N.W.T. 1988, c. S-1,

Occupational Health and Safety Regulations R-039-2015

Part 6, General Health Requirements

Section 81, Smoking

Nova Scotia

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

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


As made under Safety Act, R.S.N.W.T. 1988, c. S-1,

Occupational Health and Safety Regulations R-003-2016

Part 6, General Health Requirements

Section 81, Smoking


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 Control Act , CQLR c. L-6.2


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

Tobacco Control Act, S.S. 2001, c. T-14.1

Part III, Protection against Environmental Tobacco Smoke


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

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