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Vol. 141, No. 24 — June 16, 2007 Regulations Amending the Non-smokers' Health RegulationsStatutory authority Non-smokers' Health Act Sponsoring department Department of Human Resources and Skills Development REGULATORY IMPACT ANALYSIS STATEMENT (This statement is not part of the Regulations.) Description The proposed amendments to the Non-smokers' Health Regulations (NSHR) are made pursuant to the Non-smokers' Health Act (NSHA), the purpose of which is to regulate smoking in federal workplaces and on common carriers. The NSHA came into force on December 30, 1989. The NSHA applies to employers under federal jurisdiction including the federal public service, the federal private sector, Crown corporations, the House of Commons, the Senate and the Library of Parliament. The NSHA prohibits smoking by any person in any work space under the control of the employer, but it allows the employer to designate smoking rooms and smoking areas. Sections 3, 4, 5, 14 and 15 of the NSHR provide specific guidance for the designation of smoking areas and rooms. Since the NSHA and NSHR were introduced, public views with regards to smoking and second-hand smoke have changed greatly. Public pressure asking for the abolition of smoking rooms has been increasing. Recent tests conducted by the Labour Program inside smoking rooms across the country showed that the air quality was very poor, even when the rooms were not in use. It deteriorated to dangerous levels when people were smoking in them. In light of this, and in compliance with new scientific studies and reports on the subject of second-hand smoke, it is proposed, through the present amendments to the NSHR, to repeal sections 3, 14 and 15 of these Regulations, which permit the designation of smoking rooms and smoking areas. In addition, many Canadian provinces have already proceeded with the elimination, in their respective jurisdictions, of the dispositions permitting the designation of smoking rooms. It should be noted that transitional provisions are in place for workplaces where smoking rooms are designated in accordance with the terms of a collective agreement or any other contractual agreement. Also, section 4 will be amended in correlation with the repeal of section 3. Section 5 of the NSHR will not be amended. Sections 4 and 5 permit the employer to designate as smoking rooms or smoking areas living quarters or other places under its authority. Alternatives Three options were considered: A — Status quo This option is not acceptable, because the U.S. Surgeon General's Report published in June 2006 clearly establishes that second-hand smoke has grave consequences on the health of non-smokers. This option is also not acceptable because a recent Labour Program study indicates that, despite the fact that smoking rooms meet the legal requirements of the Act, results have shown that the air quality in them is poor and deteriorates as smoking increases in the room. In fact, the concentration of ultrafine particulates which contain a large number of carcinogens increases by 245 times in a smoking room occupied to its maximum when compared to the air elsewhere in the workplace. B — Repeal sections 3 to 5 of the NSHR This option was deemed to be impractical because the legal implications concerning compliance and enforcement are uncertain. C — Amending the NSHA by repealing sections 3, 14 and 15 of the NSHR This is the option that was chosen. It assures a smoke-free workplace, meets all of the requirements under the World Health Organization Framework Convention on Tobacco Control and is easy to implement. Benefits and costs According to a classification system issued by the Regulations Section (Justice) and intended to categorize the magnitude of the economic outcome anticipated from regulatory initiatives, the impact expected from the proposed amendment to the NSHR was found to be minor. This classification is based on two criteria: costs and degree of public acceptance. The benefits and costs anticipated from the proposed amendments to the NSHR are described in detail in the technical note Impact Assessment: Eliminating Designated Smoking Rooms in the Workplace, dated May 11, 2007, which is available upon request free of charge from the person listed in the "Contact" section of this document. Principal benefits The most significant economic benefit expected from this regulatory initiative stems from its impact on the health of affected employees. The improved health outcomes expected as a result of this amendment will lead to direct economic benefits emanating from improved productivity, decreased absenteeism, insurance-cost savings, lower health-care costs and avoided deaths. In addition, operational savings to employers are also significant. The high operational costs associated with maintaining designated smoking rooms will be eliminated. Principal costs The cost to employers pursuant to the proposed amendment is minimal relative to the expected economic benefits. These costs are one-time-only costs and centre on closing the smoking rooms and retrofitting them for other use. Summary of economic benefits to costs to all Canadians: (Expressed in constant 2006 dollars, discounted at 10% per year over 20 years)
Benefit-to-cost ratio 60:1 Consultation The present amendments are made pursuant to the Minister of Labour's announcement of May 15, 2007. The Labour Program has undertaken testing of smoking rooms in workplaces under federal jurisdiction. The testing helped determine that very few federally regulated workplaces had smoking rooms. In fact, a telephone survey conducted in 2006 showed that 4% of federally regulated workplaces had smoking rooms. The Labour Program also determined, following inspections undertaken in federally regulated smoking rooms, that the law was being respected and that there was no leakage of second-hand smoke into the rest of the workplace. However, tests conducted at the time also showed that the air quality was very poor, even when the rooms were not in use. It deteriorated to dangerous levels when people were smoking in them. It was also recognized that there presently exists no way of ensuring that the air quality in smoking rooms is acceptable. Compliance and enforcement The Labour Program must ensure that occupational health and safety regulations and legislation are obyed and applied. The purpose of the Labour Program's compliance policy is twofold. First, it provides employers and employees with a better understanding of the mechanism used to achieve compliance with the Act. Second, it outlines the steps that the Labour Program will take to ensure compliance with the Act. Compliance with the NSHA and its Regulations is monitored through a number of techniques. The following techniques apply to this regulatory amendment: (1) Policy and workplace health and safety committees are the primary mechanism through which employers and employees work together to solve job-related health and safety problems. Health and safety officers assist the industry in establishing and implementing policy and workplace health and safety committees and related programs. The statutory powers of health and safety officers allow them to enter a workplace and perform various activities to enforce compliance with the Act and the Regulations. For example, health and safety officers may conduct safety audits and inspections. They may also investigate the circumstances surrounding the report of a contravention. (2) An Assurance of Voluntary Compliance (AVC) may be received by the health and safety officer from the employer or employee. The AVC is a written commitment to a health and safety officer that a contravention will be corrected within a specified time. (3) Anyone who violates the provisions of the NSHA is also liable to a fine, the amount of which is provided in Appendix II of the NSHR.
Frédérick Dupuis
Notice is hereby given that the Governor in Council, pursuant to section 7 (see footnote a) of the Non-smokers' Health Act (see footnote b), proposes to make the annexed Regulations Amending the Non-smokers' Health Regulations. Interested persons may make representations concerning the proposed Regulations within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Frédérick Dupuis, Occupational Health and Safety Policy Unit, Human Resources Development Canada-Labour Program, Department of Human Resources and Skills Development, 165 Hôtel-de-Ville Street, 10th Floor, Gatineau, Quebec K1A 0J2. Ottawa, June 7, 2007
MARY O'NEILL REGULATIONS AMENDING THE NON-SMOKERS' HEALTH REGULATIONS AMENDMENTS 1. The definition "ASHRAE" in section 2 of the Non-smokers' Health Regulations (see footnote 1) is repealed. 2. Section 3 of the Regulations is repealed. 3. The portion of section 4 of the Regulations before paragraph (a) is replaced by the following: 4. An employer may designate the following rooms or areas in a work space under the control of the employer as designated smoking rooms or designated smoking areas: 4. The heading before section 14 and sections 14 and 15 of the Regulations are repealed. TRANSITIONAL PROVISION 5. Despite sections 1, 2 and 4, a designation by an employer of a designated smoking room or smoking area that was made pursuant to section 3, 14 or 15, as the case may be, of the Non-smokers' Health Regulations, as it read immediately before the coming into force of these Regulations, and made in accordance with the terms of a collective agreement or any other contractual agreement, continues to apply until the expiry of that collective agreement or contractual agreement. COMING INTO FORCE 6. These Regulations come into force on the day on which they are registered. [24-1-o] S.C. 1989, c. 7, s. 1 R.S., c. 15 (4th Supp.) SOR/90-21 |
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