The Non-Smokers Health Protection Act (various acts amended) (NSHPA)
received royal assent on June 10, 2004, and came into effect
on October 1, 2004. Smoking will be prohibited in enclosed public
places and indoor workplaces, with very few exceptions. The workplace
and public places will now be a healthier environment for the citizens
of Manitoba.
The full text of the act is available on the
Manitoba
Government's Legislative Assembly Web site.
It can also be obtained from Manitoba, Culture, Heritage and
Tourism's Statutory Publications Office by calling 945-3101 in
Winnipeg, or toll-free at 1-800-321-1203.
 Effective October 1, 2004, smoking will be prohibited in all
enclosed public places and indoor workplaces where the province has
clear jurisdiction. It will not apply to federal worksites or on
reserve lands, but the ban will apply to a vehicle used in the course
of employment while it is carrying two or more employees.
The ban will not apply to outdoor eating and drinking areas. The
parameters which define this will be set by regulation.
Smoking will be banned in "group living facilities", such
as personal care homes, hospital addictions units, hospital palliative
care units and hospices, residential care facilities, residential
addictions treatment facilities, residential shelters, children's
group homes and treatment facilities. However, such facilities will be
allowed to have a designated smoking room if they choose, with the
exception of group living facilities that are exclusively for
children.
Hotels, motels, inns and bed-and-breakfast facilities will continue
to be allowed to have smoking guest rooms if they choose. However,
they will not be able to designate meeting rooms as smoking rooms.
Tobacconists will continue to be able to allow the testing and
sampling of products such as specially-blended tobacco, in their shops
if they so choose.
Smoking rooms and tobacconist shops will be required to be
physically separate from adjacent non-smoking areas and they will have
to be separately ventilated if they are constructed or substantially
renovated, in the case of smoking rooms, or opened for business, in
the case of tobacconist shops, after October 1, 2004.
Owners, employers and/or other persons in charge of a place, area
or vehicle (defined as "proprietors" in the legislation)
will be responsible for enforcing the ban in their enclosed public
places and indoor workplaces. They will also be required to display
signage in accordance with requirements established by regulation and
make sure that there are no ashtrays in the places where smoking is
prohibited.
 Proprietors of premises where smoking rooms are permitted and
tobacconist shops will be required to take reasonable steps to
minimize drifting smoke.
The smoking prohibitions do not apply in relation to traditional
Aboriginal spiritual or cultural practices or ceremonies.
The minister will be empowered to appoint inspectors to enforce the
legislation in addition to police officers. The amendments will
provide officials with necessary enforcement powers such as entry
powers.
There will be minimum and maximum fines for non-compliance.
Proprietors will be liable for:
(i) a first offence fine range of: $500 to $3,000;
(ii) a second offence fine range of: $750 to $5,000; and
(iii) a third or subsequent offence a fine range of: $1,000 to
$15,000.
Individuals who smoke in contravention of the legislation will be
liable for:
(i) ) a first offence fine range of: $100 to $500;
(ii) a second offence fine range of: $200 to $750;
(iii) a third or subsequent offence fine range of: $300 t$1,000.
In addition to the power to appoint inspectors, the act will
consequentially amend The Workplace Safety and Health Act to provide
the power to by regulation enable Workplace Safety and Health
officials to enforce the ban in workplaces using workplace safety
enforcement tools such as improvement orders.
A comprehensive project work plan has been developed by Manitoba
Health to support the introduction of the ban. The plan is being
implemented with many partner departments and external partners and
stakeholders. The work plan includes:
-
coordination of the development of the legislation;
-
identifying the role of the various enforcement partners and
developing an enforcement protocol;
-
ensuring preparation for implementation of the ban
-
development of a comprehensive communication strategy;
-
development of an education campaign (including a mass media
campaign and education for both hospitality and non-hospitality
workplaces);
-
working with the lead government department to address any
anticipated negative economic effects on the hospitality industry;
-
working with First Nation Elders, Chiefs and Traditional Persons
to recommend a process for handling the ceremonial tobacco use
exemption;
-
consulting with the Advisory Committee on Workplace Safety and
Health to develop the legislation; and
-
continuing with the implementation of a comprehensive Tobacco
Control Strategy.
The introduction of the smoking ban will cause people to think
about quitting smoking. Manitobans have access to several different
resources which could be helpful to individuals trying to quit.
- Free one-on-one cessation support from a trained counselor is
available over the phone by calling the Smokers Help Line at 1-877
513-5333.
- For cessation programs in Winnipeg, people can call Health Links
at 788-8200 or toll-free at 1-888-315-9257.
- The Canadian Cancer Society has a self-help guide entitled 'One
Step at a Time', which is available by calling 1-888-532-6982.
- The Manitoba Lung Association’s self-help guide entitled 'Get
on Track' and self-help guide for youth entitled 'Butt Out' are
available by calling 1-888-566-5864.
- Health Canada's 'On the Road to Quitting' and 'e-Quit' are
web-based resources available at www.gosmokefree.ca.
- The Wellness Institute at Seven Oaks Hospital offers their 'Kick
Butt' group counseling program. For more information, call (204)
632-3900.
When does the act
come into effect?
The act came into effect on October 1, 2004.
How will the act
affect the municipal bylaws already in place in Winnipeg, Brandon and Thompson?
The act will amend the existing Non-Smokers Health Protection Act by
setting out the minimum standards respecting smoking in enclosed public
places and indoor workplaces that will apply across the province. The
Non-Smokers Health Protection Act will, however, continue to enable
municipalities to enact bylaws which are “…more severe or restrictive,
or more extensive…” in their application.
Currently Winnipeg, Brandon and Thompson have bylaws pertaining to
smoking in enclosed public places. Only Brandon specifically addresses
workplaces in addition to enclosed public places. Brandon also permits
workplaces to designate a fully enclosed and separately ventilated
smoking room for employees only. Since the NSHPA is more restrictive,
these smoking rooms will no longer be permitted.
Who is affected by the
act?
The primary goal of the act is to protect the general public and workers
from environmental tobacco smoke. The act will apply to all enclosed
public places and indoor workplaces where the province has clear
jurisdiction.
Will smoking be
restricted in outdoor areas like a patio or deck?
The act will not apply to outdoor areas; however, if the area meets
criteria to be specified by regulation, it will be deemed to be an
enclosed public place or indoor workplace.
As previously noted, The Non-Smokers Health Protection Act will continue
to allow municipalities to adopt more stringent rules by by-law. Thus,
the Brandon bylaw may continue to prohibit smoking on outdoor patios.
Will the act allow
designated smoking rooms?
As previously noted, the act will allow designated smoking rooms in
specified premises; however, outside of these exceptions, designated
smoking rooms will not be allowed.
How does the act apply
to facilities like community centers or legions?
Legions and community centers will fall under the act and will be
expected to adhere to it.
How will the act be
enforced?
Owners, employers and/or other persons in charge will be responsible to
enforce the ban in their enclosed public places and indoor workplaces.
They will also be required to display signage in accordance with
requirements established by regulation and ensure that there are no
ashtrays in the places where smoking is prohibited.
The Minister of Health will have the power to appoint inspectors to
enforce the ban. There are a number of potential enforcement partners
and work is underway to confirm these partners and develop an
enforcement plan.
What are the penalties
for business owners who violate the act?
As previously noted, there will be
minimum and maximum fines for proprietors who fail to comply with the
act. Proprietors will be liable for:
(i) a first offence fine range of $500
to $3,000;
(ii) a second offence fine range of
$750 to $5,000; and
(iii) a third or subsequent offence a
fine range of $1,000 to $15,000.
What are the
penalties for Manitobans who violate the act?
There will be minimum and maximum
fines for individual Manitobans who violate the act. Individuals who
smoke in contravention of the legislation will be liable for:
(i) ) a first offence fine range of
$100 to $500;
(ii) a second offence fine range of
$200 to $750;
(iii) a third or subsequent offence
fine range of:$300 to $1,000.
Are there exceptions
to the act?
The act will not apply to outdoor areas, but as previously noted,
outdoor eating and drinking areas that meet criteria to be specified by
regulation will be considered to be an enclosed public place or an
indoor workplace and would then be subject to the requirements of the
act.
The act will not
apply to federal penitentiaries, federally regulated airports, Canadian
Forces bases or to any other place or premises occupied by a federal
work, undertaking or business, or on reserves.
The act will not apply to home-based businesses, unless it is a business
that is also an enclosed public place.
The act will allow tobacconists to be able to continue to allow the
sampling of products such as specially blended tobacco in their shops if
they choose to subject to requirements respecting separation from
non-smoking areas and ventilation requirements.
The act will not apply to traditional Aboriginal spiritual or cultural
practices or ceremonies.
Hotels, motels, inns and bed-and-breakfast facilities will continue to
be allowed to have smoking guest rooms if they choose to. However, they
will not be able to designate meeting rooms as smoking rooms, subject to
requirements respecting separation from non-smoking areas and
ventilation requirements.
"Group
living facilities", such as personal care homes, hospital addictions
units, hospital palliative care units and hospices, residential care
facilities, residential addictions treatment facilities, residential
shelters, group homes and treatment facilities, which are not
exclusively for children, may designate a smoking room if they choose
to, subject to requirements respecting separation from non-smoking areas
and ventilation requirements.
Can a business person
allow smoking in an establishment if they declare it “adult only”?
No.
Where can I get more
information?
Call Manitoba Government Inquiry at 1-866-MANITOBA (1-866-626-4862), or call the Environmental
Health Unit of Manitoba Health at 788-6735.
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