Canada

The Non-smokers’ Health Regulations, issued pursuant to the Non-smokers’ Health Act, prohibit smoking in federally-regulated workplaces, with a few very limited exceptions. The following rooms/areas of a federally-regulated workplace may be designated by an employer as a smoking room/area: a) any living accommodation; b) any motor vehicle, lighthouse, crane cab, caboose, locomotive, or other room or area in the work space (i) that is not incorporated within any other work space, (ii) that does not share a ventilation system with any other work space, and (iii) to which only one person normally has access during a shift; and c) any room on a ship to which only one person normally has access during a shift.

Other workplaces (i.e., private and provincial/territorial government workplaces, and most non-government workplaces) are governed by sub-national jurisdictions. The sub-national legislation is comprehensive and smoking is prohibited in workplaces with a few exceptions. Designated smoking rooms are permitted by some sub-national jurisdictions for some workplaces that are residential in nature (i.e., in designated areas or rooms in long-term residential care facilities and hotel guest rooms), often with strict ventilation regulations.

The national and sub-national laws provide for a few very limited exemptions to the comprehensive smoking ban in indoor workplaces. FCTC Art. 8 Guidelines para. 24 provides that Parties have a continuous obligation to remove any exemptions as soon as possible, and each Party should strive to provide universal protection within five years of the WHO Framework Convention’s entry into force for that Party.

National legislation prohibits smoking in a limited number of public places which are also federally-regulated workplaces. Examples include airports, ports, train stations, inter-city bus stations, airplanes, trains, inter-city buses, ships, reception/service areas of federally-regulated businesses (e.g., banks, post office), and federal government buildings, among others.

In Canada, smoking restrictions in public places fall mainly under the jurisdiction of the provinces, territories, and municipalities. Under sub-national legislation, smoking is prohibited in virtually all indoor public places with the limited exception of designated smoking rooms in group living facilities, long-term care facilities, and specified hotel rooms.

The sub-national laws provide for a few limited exemptions to the comprehensive smoking ban in indoor public places. FCTC Art. 8 Guidelines para. 24 provides that Parties have a continuous obligation to remove any exemptions as soon as possible, and each Party should strive to provide universal protection within five years of the WHO Framework Convention’s entry into force for that Party.

National and sub-national jurisdictions provide for complete smoking bans in public transportation. Smoking is prohibited in aircraft, trains, ships, and inter-city buses under federal law. Smoking is prohibited in local ground public transportation (such as local buses, subways, and taxis) under sub-national law. In addition, a number of sub-national jurisdictions have implemented smoking bans in private vehicles where children are present (the majority of jurisdictions identify children as being under 16 years of age, with two territories defining children as being under 18 years of age and two provinces defining children as being under 19 years of age).

These provisions align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public transportation.

Smoking is prohibited in virtually all parts of all federal government buildings and facilities. However, there are very limited exceptions whereby the federal government as an employer may designate the following areas as a smoking area:

a) any living accommodation;

b) any motor vehicle, lighthouse, crane cab, caboose, locomotive or other room or area in the work space (i) that is not incorporated within any other work space, (ii) that does not share a ventilation system with any other work space, and (iii) to which only one person normally has access during a shift; and

c) any room on a ship to which only one person normally has access during a shift.

In Canada, smoking restrictions in buildings operated by sub-national governments are mainly under the jurisdiction of the provinces, territories and municipalities. Under sub-national legislation, smoking is prohibited in virtually all provincial, territorial and municipal government buildings and facilities.

The law provides for a few very limited exemptions to the comprehensive smoking ban in government facilities. FCTC Art. 8 Guidelines para. 24 provides that Parties have a continuous obligation to remove any exemptions as soon as possible, and each Party should strive to provide universal protection within five years of the WHO Framework Convention’s entry into force for that Party.

Smoking restrictions in workplaces and public places, including private offices, generally fall under the jurisdiction of the provinces, territories, and municipalities. All sub-national jurisdictions prohibit smoking in indoor private offices.

The provisions of the sub-national legislation align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to private offices.

Smoking restrictions in workplaces and public places, including hospitals, generally fall under the jurisdiction of the provinces, territories, and municipalities. All sub-national jurisdictions prohibit smoking in hospitals.

The provisions of the sub-national legislation align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to hospitals.

Smoking restrictions in workplaces and public places, including healthcare facilities, generally fall under the jurisdiction of the provinces, territories, and municipalities. All sub-national jurisdictions prohibit smoking in public areas of residential healthcare facilities.

The provisions of the sub-national legislation align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public areas of healthcare facilities.

Smoking restrictions in workplaces and public places, including non-residential healthcare facilities, generally fall under the jurisdiction of the provinces, territories, and municipalities. All sub-national jurisdictions prohibit smoking in non-residential healthcare facilities.

The provisions of the sub-national legislation align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to non-residential healthcare facilities.

Smoking restrictions in workplaces and public places, including childcare facilities and preschools, generally fall under the jurisdiction of the provinces, territories, and municipalities. All sub-national jurisdictions prohibit smoking in childcare facilities and preschools.

The provisions of the sub-national legislation align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to childcare facilities and preschools.

Smoking restrictions in workplaces and public places, including primary and secondary schools, generally fall under the jurisdiction of the provinces, territories, and municipalities. All sub-national jurisdictions prohibit smoking in primary and secondary schools.

The provisions of the sub-national legislation align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to primary and secondary schools.

Smoking restrictions in workplaces and public places, including universities and vocational facilities, generally fall under the jurisdiction of the provinces, territories, and municipalities. All sub-national jurisdictions prohibit smoking in universities and vocational facilities.

The provisions of the sub-national legislation align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to universities and vocational facilities.

Smoking restrictions in workplaces and public places, including stores and shops, generally fall under the jurisdiction of the provinces, territories, and municipalities. All sub-national jurisdictions prohibit smoking in public places such as stores and shops.

The provisions of the sub-national legislation align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to stores and shops.

Smoking is prohibited in cultural facilities (e.g., a national museum or art gallery) that are federally-regulated workplaces under NSHA and NSHR. Smoking restrictions in other cultural facilities generally fall under the jurisdiction of the provinces, territories, and municipalities as public places and workplaces. All sub-national jurisdictions prohibit smoking in cultural facilities.

The provisions of the sub-national legislation align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to cultural facilities.

Smoking restrictions in workplaces and public places, including indoor stadiums and arenas, generally fall under the jurisdiction of the provinces, territories, and municipalities. All sub-national jurisdictions prohibit smoking in indoor stadiums and arenas.

The provisions of the sub-national legislation align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to indoor stadiums and arenas.

Smoking restrictions in workplaces and public places, including restaurants, generally fall under the jurisdiction of the provinces, territories, and municipalities. All sub-national jurisdictions prohibit smoking in restaurants.

The provisions of the sub-national legislation align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to restaurants.

Smoking restrictions in workplaces and public places, including bars, pubs, and nightclubs, generally fall under the jurisdiction of the provinces, territories, and municipalities. All sub-national jurisdictions prohibit smoking in bars, pubs, and nightclubs.

The provisions of the sub-national legislation align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to bars, pubs, and nightclubs.

Smoking restrictions in workplaces and public places, including casinos, generally fall under the jurisdiction of the provinces, territories, and municipalities. All sub-national jurisdictions prohibit smoking in casinos.

The provisions of the sub-national legislation align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to casinos.

Smoking restrictions in workplaces and public places, including public areas of hotels and other lodging, generally fall under the jurisdiction of the provinces, territories, and municipalities. All sub-national jurisdictions prohibit smoking in public areas of hotels.

The provisions of the sub-national legislation align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public areas of hotels.

Smoking restrictions in workplaces and public places, including guestrooms of hotels and other lodging, generally fall under the jurisdiction of the provinces, territories, and municipalities. All provinces and territories permit smoking in designated hotel rooms, although a small number of municipalities have prohibited smoking in all hotel/motel rooms in the municipality.

The sub-national laws provide for a few limited exemptions to the comprehensive smoking ban in indoor public places. FCTC Art. 8 Guidelines para. 24 provides that Parties have a continuous obligation to remove any exemptions as soon as possible, and each Party should strive to provide universal protection within five years of the WHO Framework Convention’s entry into force for that Party.

The NSHA prohibits smoking in all federally-operated prisons/detention facilities, including public areas. A federal administrative policy also applies to prohibit smoking in all federally-operated prisons/detention facilities, including public areas (Correctional Service of Canada, Commissioner's Directive No. 259, May 5, 2008).

Provincial and territorial legislation and/or administrative policies prohibit smoking in all provincially-operated prisons/detention facilities, including public areas.

The provisions of the sub-national legislation align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public areas of prisons.

The NSHA prohibits smoking on trains and inter-city buses.

Smoking restrictions for local buses and subways generally fall under the jurisdiction of the provinces, territories, and municipalities. All sub-national jurisdictions prohibit smoking on shared ground transportation.

These provisions align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to shared ground transportation.

Smoking restrictions in local ground transportation such as taxis generally fall under the jurisdiction of the provinces, territories, and municipalities. Sub-national jurisdictions, effective across Canada, prohibit smoking in taxis.

These provisions align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to taxis.

Smoking is prohibited in aircraft under federal law. The provisions of the Non-smokers’ Health Regulations, issued under the Non-smokers’ Health Act, that permitted smoking areas on the last remaining aircraft expired on August 31, 1994.

These provisions align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to commercial aircraft.

The Non-smokers’ Health Regulations permit smoking on passenger ships in designated passenger cabins and in other designated smoking areas of the ship, provided that the designated smoking areas do not exceed 30% of enclosed areas of the ship, excluding cabins.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all enclosed areas of passenger ships. FCTC Art. 8 Guidelines para. 24 provides that Parties have a continuous obligation to remove any exemptions as soon as possible, and each Party should strive to provide universal protection within five years of the WHO Framework Convention’s entry into force for that Party.

The NSHA prohibits smoking in airports, ports, train stations, and inter-city bus stations.

Smoking restrictions in workplaces and public places, including public transport facilities, generally fall under the jurisdiction of the provinces, territories, and municipalities. Provinces, territories, and municipalities have jurisdiction over local transport facilities such as for local buses, and for subway stations. Public areas of airports, ports, train stations, and inter-city bus stations are an area of joint jurisdiction federally, as well as of the provinces/territories/ municipalities. Sub-national jurisdictions prohibit smoking in public transport facilities, with effect across Canada.

The provisions of the sub-national legislation align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public transport facilities.