Amendments to the Smoke Free Places Act were tabled for the first reading in the Legislature today by Health Minister Doug Currie.
The primary purpose of the province’s Smoke Free Places Act is to protect Islanders from the harmful effects of second hand smoke. The proposed amendments would eliminate some of the existing exceptions to the Act that currently allow smoking in public places and workplaces.
“PEI is the only province that still permits designated smoking rooms in public places, such as restaurants and bars,” said Health Minister Doug Currie. “The Act is over five years old and needs to be updated. We know that there is no safe level of exposure to second hand smoke and it’s time to make our legislation more current to reflect the changes needed.”
The amendments include changes to the existing legislation that will prohibit smoking in motor vehicles when minors are present. Government is also proposing amendments to the Act that will prohibit smoking on hospital grounds and will eliminate indoor smoking areas in long-term care facilities. The amendments proposed to the General Regulations made under the Act will also limit outdoor smoking areas in certain public places where smoking is currently allowed, such as provincial parks and patios and decks of eating establishments and licensed premises.
“Consultations will take place to discuss how the legislation will be implemented,” said Minister Currie. “Any changes to the current legislation that impact business owners will be phased in to give them time to comply with amendments to the Act.”
The Amendments proposed for the Smoke Free Places Act (or to the General Regulations made under the Act) include:
• Eliminating designated smoking rooms;
• Eliminating designated indoor smoking areas in long-term care facilities;
• Eliminating designated smoking areas on hospital grounds;
• Prohibiting smoking in vehicles with minors present;
• Prohibiting smoking on patios/decks of eating establishments and licensed establishments and at provincial parks.
QUESTIONS AND ANSWERS
Smoke Free Places Act
What is the purpose of the Smoke Free Places Act?
The primary purpose of the province’s Smoke Free Places Act is to protect Islanders from the harmful effects of second hand tobacco smoke. The Act outlines where smoking is currently prohibited.
What are the amendments to the Act?
The amendments proposed to the Smoke Free Places Act (or to the General Regulations made under the Act) include:
• Eliminating designated smoking rooms;
• Eliminating designated indoor smoking areas in long term care facilities;
• Eliminating designated smoking areas on hospital grounds;
• Prohibiting smoking in vehicles with minors present;
• Prohibiting smoking on patios/decks of eating establishments and licensed establishments and provincial parks.
Why are these amendments necessary?
When PEI implemented the Smoke Free Places Act in 2003, it led the country in developing smoke free public places and workplaces. Now, the Act is five years old and needs to be modernized. PEI is currently the only province to allow Designated Smoking Rooms in public places, like bars and restaurants.
How will these changes affect Islanders?
The proposed amendments would eliminate some of the existing exceptions to the Act that currently allow smoking in public places and workplaces, reducing Islanders’ exposure to second-hand smoke.
How does the proposed changes compare to other provinces?
Designated Smoking Rooms:
• PEI is the only province that still permits Designated Smoking Rooms.
Smoking on Hospital Grounds:
• Smoking has already been prohibited by individual hospitals or health entities within Canada, such as the IWK Health Centre, the Calgary Health Region and the Provincial Health Services Authority in British Columbia. PEI would be the first province to ban smoking provincially on all hospital grounds.
Smoking on Patios and Decks:
• Newfoundland & Labrador, Nova Scotia, and Alberta have a total ban on smoking on patios or decks that are operated in conjunction with a restaurant or licensed premises. New Brunswick, Ontario, Manitoba, and British Columbia do not permit smoking on patios or decks that are operated in conjunction with a restaurant or licensed premises if the patio/deck is partially enclosed.
Smoking in Vehicles:
• Nova Scotia has passed an amendment to its Smoke Free Places Act that prohibits smoking in vehicles when children are present. Ontario and British Columbia are also planning such amendments. The city of Summerside recently adopted a motion to ban smoking in cars with minors present.
What is the penalty for non-compliance with amendments to the Act?
Currently, fines for breaking the act range from $500 to a maximum of $2,000. A proposed amendment to the Act reduces the minimum fine for a contravention of the Act from $500 to $100 to reflect that fines may now be levied against the individual for smoking in a vehicle when minors are present.
If the amendments are passed, when will the changes to the Smoke Free Places Act be enforced?
After the amendments are tabled, a committee will conduct consultations. Government will consider input received and decide on any changes to the proposed bill. The new legislation would then be introduced and passed during a session of legislature. Any changes to the current legislation that impacts business owners will be phased in, to give them time to comply with amendments to the Act.