Smoking Control and Reduction Regulations
Regulation- Registration
- R-014-2020
- Source
- Unofficial consolidation PDF (justice.gov.nt.ca)
- Under
- Smoking Control and Reduction Act
This is an unofficial reading copy parsed from the Department of Justice consolidation PDF above — itself an office consolidation, not an official statement of the law. The authoritative text is in the Revised Statutes of the Northwest Territories, 1988 and the annual Statutes volumes.
- s.7 amended by Smoking Control and Reduction Act
- s.1 Territorial Parks Act
- s.1 Public Health Act
- s.1 Tobacco and Vapour Products Control Act
- s.1 Territorial Parks Act
- s.2 Hospital Insurance and Health and Social Services Administration Act
- s.2 Hospital Insurance and Health and Social Services Administration Act
- s.2 Hospital Insurance and Health and Social Services Administration Act
- s.6 Cannabis Smoking Control Act
- None.
The Minister, under section 29 of the Smoking Control and Reduction Act and every enabling power, makes the Smoking Control and Reduction Regulations.
REGULATIONS
Inspectors
(1) In this section, "Territorial Park" means a Territorial Park as defined in section 1 of the Territorial Parks Act.
(2) The following persons are, by virtue of their offices, designated as inspectors for the purposes of the Act and these regulations:
(a) the Chief Public Health Officer, Deputy Chief Public Health Officers and public health officers appointed under the Public Health Act;
(b) persons appointed as inspectors under the Tobacco and Vapour Products Control Act;
(c) park officers appointed under the Territorial Parks Act, but only within Territorial Parks;
(d) members of the Royal Canadian Mounted Police, but only for the purpose of enforcing the prohibition set out in paragraph 3(1)(b) of the Act in respect of smoking in a motor vehicle while another person who is a minor is present in the motor vehicle.
Public Places
(1) In this section and in subparagraph (b)(iv) of the definition "public place" in section 1 of the Act,
"community" includes a municipality and an unincorporated community; (collectivité)
"event" means a public event. (évènement)
(2) In this section,
"health services" includes health services as defined in subsection 1(1) of the Hospital Insurance and Health and Social Services Administration Act; (services de santé)
"long-term care facility" means a facility, whether government funded or operated or not, in which
(a) long-term residential accommodation, personal support services and nursing services are provided to residents who are unable to live independently, and
(b) 24-hour a day supervision is made available to those residents; (établissement de soins de longue durée)
"open to the public" means that the public has access as of right or by express or implied invitation, whether or not a fee is charged for entry; (ouvert au public)
"personal support services" means services to assist with the routine activities of daily living, and includes supervision in carrying out those activities; (services de soutien personnel)
"social services" includes social services as defined in subsection 1(1) of the Hospital Insurance and Health and Social Services Administration Act; (services sociaux)
"supported living facility" means a facility, whether government funded or operated or not, in which
(a) long-term residential accommodation and personal support services are provided to residents who are unable to live independently by reason of physical, cognitive or mental disability or impairment, and
(b) 24-hour a day supervision is made available to those residents. (établissement avec services d’aide à la vie autonome)
(3) The following places are prescribed as public places for the purposes of paragraph (c) of the definition "public place" in section 1 of the Act:
(a) a school as defined in subsection 1(1) of
school;
(b) subject to subsection (4), a facility as defined in subsection 1(1) of the Hospital Insurance and Health and Social Services Administration Act and the grounds of the facility;
(c) a long-term care facility and the grounds of the facility;
(d) a supported living facility and the grounds of the facility;
(e) an outdoor bus shelter open to the public.
(4) Paragraph (3)(b) does not apply in respect of a private residence in which health services or social services are provided.
(5) The following places that are open to the public, and the areas open to the public that are within 30 m of the boundaries of those places, are prescribed as public places for the purposes of paragraph (c) of the definition "public place" in section 1 of the Act:
(a) an outdoor playground that is intended for children’s recreational use;
(b) an outdoor field, court or rink that is used for sports or other athletic activities;
(c) an outdoor skateboard park or bicycle park;
(d) a park that is located in a community, for the duration of any event that takes place in the park.
(6) For greater certainty, the prohibition set out in paragraph 3(1)(a) of the Act in respect of smoking in a public place applies to those places and areas that are prescribed as public places under subsection (5), regardless of whether minors ordinarily gather in the place or area.
Designated Smoking Rooms
(1) In this section, "designated smoking room" means
(a) a room in a long-term care facility referred to in paragraph (2)(a); or
(b) a room in a supported living facility referred to in paragraph (2)(b).
(2) The prohibition set out in paragraph 3(1)(a) of the Act in respect of smoking in a public place does not apply to
(a) a room in a long-term care facility that meets the requirements set out in this section; or
(b) a room in a supported living facility that meets the requirements set out in this section.
(3) In order to qualify for the exemption in paragraph (2)(a) or (b), a designated smoking room must
(a) be set aside exclusively as a smoking room;
(b) be structurally separated from other areas of the long-term care facility or supported living facility;
(c) be constructed so that smoke does not enter other areas of the long-term care facility or supported living facility;
(d) have, if necessary to prevent smoke from entering other areas of the long-term care facility or supported living facility, an appropriate separate exhaust ventilation system that
(i) does not recirculate or transfer air from the designated smoking room to other areas of the long-term care facility or supported living facility, and
(ii) discharges air from the designated smoking room directly to the outdoors; and
(e) be identified by signs provided by the Minister that display the following message:
"This is a designated smoking room in compliance with the Smoking Control and Reduction Regulations.
Ce fumoir respecte le Règlement sur le contrôle et la réduction de la consommation par inhalation."
(4) The Minister may approve and provide signs for the purposes of paragraph (3)(e).
(5) Signs referred to in paragraph (3)(e) must be displayed at each entrance to the designated smoking room, in a conspicuous manner that gives persons entering the designated smoking room an unobstructed view of the sign and the sign’s contents.
(6) Subject to subsection (7), a designated smoking room must not be used for smoking by any person other than a resident of the long-term care facility or supported living facility.
(7) If a designated smoking room that meets the requirements set out in subsection (3) is located in any long-term care facility or supported care facility in which the operator of the facility resides, the operator and any person residing with the operator may smoke in the designated smoking room.
Signs
(1) For the purposes of subsection 7(3) of the Act, signs provided by the Minister must be
(a) displayed in a conspicuous manner that gives potential purchasers of tobacco products, vapour products or accessories an unobstructed view of the sign and the sign’s contents; and
(b) displayed in such numbers and locations in the place of business as are reasonably adequate to ensure that potential purchasers of such products or accessories are aware of the sign’s messaging.
(2) For the purposes of subsection 7(4) of the Act, signs provided by the Minister must be
(a) displayed in a conspicuous manner that gives potential purchasers of cannabis an unobstructed view of the sign and the sign’s contents; and
(b) displayed in such numbers and locations in the cannabis store as are reasonably adequate to ensure that potential purchasers of cannabis are aware of the sign’s messaging.
For the purposes of subsection 8(2) of the Act, any sign provided by the Minister for the purpose of notifying the public that smoking is prohibited or restricted in a public place must be displayed at each entrance to the public place, in a conspicuous manner that gives persons entering the public place an unobstructed view of the sign and the sign’s contents.
Repeal
The Cannabis Smoking Control Regulations, made under the Cannabis Smoking Control Act and established by regulation numbered R-133-2018, are repealed.
Coming Into Force
These regulations come into force on the coming into force of section 29 of the Smoking Control and Reduction Act, SNWT 2019, c.29.