Last updated: April 13, 2020

Smoke Free Status of Outdoor Places

Does the law require any outdoor or quasi-outdoor spaces to be smoke free or restrict smoking in any way? Examples of such places include within a specified distance of doorways, outdoor patios of bars or restaurants, parks/beaches, outdoor stadiums, and outdoor markets.
Yes

Outdoor sports stadiums and arenas

Analysis

Section 58(1) of the Public Health Act prohibits smoking in “an enclosed or indoor area of a work place, or any other public place except in a designated area.” Under Sec. 58(2), “a work place and public place” includes “sports stadia and other sports arenas, whether fully enclosed or not.” Therefore, smoking is restricted in outdoor sports stadiums and arenas.

Designated smoking areas can be located indoors or outdoors, and must meet the requirements established in the Tobacco Control Regulations, 2016.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines, which state that Parties shall adopt and implement effective legislation to protect from exposure to tobacco smoke in indoor workplaces, indoor public places “and other places as appropriate”.

Outdoor bars, restaurants, and pools

Analysis

Section 58(1) of the Public Health Act prohibits smoking in “an enclosed or indoor area of work place, or any other public place except in a designated area.” Under Sec. 58(2) “a work place and public place” includes “bars, restaurants and pools whether open or enclosed.” Therefore, smoking is restricted in outdoor bars, restaurants, and pools.

Designated smoking areas can be located indoors or outdoors, and must meet the requirements established in the Tobacco Control Regulations, 2016.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines, which state that Parties shall adopt and implement effective legislation to protect from exposure to tobacco smoke in indoor workplaces, indoor public places “and other places as appropriate”.