Manitoba
Printer Friendly

Healthy Living, Seniors and Consumer Affairs

Set text to smallest size Set text to normal size Set text to larger size Set text to largest size
Tobacco Control and Cessation

The Non-Smokers Health Protection Act

arrow Information Package
arrow Summary of The Act
arrow Getting Ready to Introduce the Provincial Smoking Ban
arrow Cessation Resources
arrow Questions and Answers
arrow Seminars for Hospitality Industry Staff

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 website.

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.



Summary of The Act

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.

^ back to top



Getting Ready to Introduce the Provincial Smoking Ban:

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.

^ back to top



Cessation Resources

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.

^ back to top



Questions and Answers:

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 (204) 788-6735.


Bookmark and Share