Province Wide Smoking Ban for 2005

HRinfodesk---Canadian Payroll and Employment Law, December 2004/January 2005

On December 15, 2004, the Ontario government tabled Bill 164, An Act to rename and amend the Tobacco Control Act, 1994, which will repeal the Smoking in the Workplace Act and make complementary amendments to other Acts. This new legislation introduces a province wide smoking ban in all enclosed public places including workplaces in Ontario. This Bill will reduce an individual’s exposure to the harm caused by second hand smoke (which is sometimes called environmental tobacco smoke or ETS) and will eliminate the need for municipal non-smoking by-laws. The proposed legislation, if enacted, will come into force by May 31, 2006.

The new legislation covers smoking in vehicles used for work, in reserved seats at open-air sports stadiums, or in underground parking garages; the government is prohibiting smoking outdoors for assigned seats at a sporting or entertainment event.

The government claims that the bill contains no exceptions. However, because nursing homes are considered homes, there is an exception to the rule. Residents and workers of nursing homes will be able to smoke in specially ventilated smoking rooms. Hotels and motels will still be permitted to provide smoking rooms. Hotels will be allowed to set aside a certain number of rooms for guests who smoke. People will remain free to smoke in their own homes under the new law as long as they don't light up while taking care of children in a licensed, in-home daycare setting or with a home-care worker present. Measures to protect employees who work in these areas will be put in place and enforced.

In addition, the Bill introduces the following new provisions:

* Prohibiting designated smoking rooms (DSRs) that are separately ventilated because, according to various reports, including a recently released report by the York Region's Health Services Department, DSRs failed to meet bylaw requirements. According to the report, DSRs were poorly maintained and improperly ventilated among other things; in addition, they are overcrowded and in many cases the doors to designated smoking rooms were left open. In practice it is difficult to ensure the DSRs are properly functioning. Designated smoking rooms must close within 18 months of the coming into force of the Act

* An end to smoking in enclosed outdoor patios designed to shelter smokers from rain and cold weather;

* Smoking in legions, bars and other establishments deeming themselves "private clubs" will be prohibited;

* Smoking in casinos will be prohibited however, Casino Rama in Orillia, being on "native territory" and subject to federal law, "may be in a unique position to be exempt; and

* Displays of cigarettes in stores - typically in prominent places behind cashiers or on countertops will be banned. The Bill also bans all displays that permit customers to handle tobacco products before they've been purchased.

Employers and business owners will be required to post no-smoking signs and take action if the smoking ban is violated.

Additional information can be found by reading the full text of Bill 164.

By Yosie Saint-Cyr, Editor at HRinfodesk

Published on HRinfodesk---Canadian Payroll and Employment Law

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