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An Act to Protect the Health of Non-smokers

S.M. 1989-90, c. 41

Bill 16, 2nd Session, 34th Legislature

An Act to Protect the Health of Non-smokers

(Assented to March 15, 1990)

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

Definitions

1           In this Act,

"enclosed public place" means a place that is normally open to members of the public and located in an enclosed area, including but without restricting the generality of the foregoing,

(a) any part of

(i) an office building, or

(ii) a retail store or other commercial establishment,

that is normally open to members of the public,

(b) any part of a health care facility that is normally open to patients or members of the public,

(c) any part of a day care centre or nursery school that is normally open to children or members of the public,

(d) any part of an educational institution or educational facility that is normally open to students or members of the public,

(e) any part of a restaurant, whether or not the restaurant is licensed premises or a portion of licensed premises, that is normally open to members of the public,

(f) in the case of licensed premises that are not and do not contain a restaurant, any part of the licensed premises that is normally open to members of the public,

(g) in the case of licensed premises containing a restaurant, any part of the licensed premises other than the restaurant portion that is normally open to members of the public, and

(h) any motor vehicle used for the commercial transportation of passengers; («endroit public fermé»)

"health care facility" means a place where a person may receive medical examination, treatment or care, and includes a hospital, clinic and medical practitioner's office; («établissement de santé»)

"licensed premises" means licensed premises as defined in The Liquor Control Act; («locaux visés par une licence»)

"proprietor" means the owner of an enclosed public place, and includes a person who carries on or manages the activities carried on in an enclosed public place; («propriétaire»)

"smoking" means the act of inhaling or exhaling the smoke from a cigarette, cigar or pipe, and includes having control of a lighted cigarette, cigar, pipe or other equipment used for smoking tobacco; («fumer» ou «usage du tabac»)

"smoking area" means an area marked and identifiable by a sign indicating that smoking is permitted in that area. («fumoir»)

No smoking in public places

2           Subject to section 3 and the regulations, no person shall smoke in an enclosed public place.

Designated smoking areas

3(1)        Subject to subsection (2), section 4 and the regulations, a proprietor may designate a smoking area within an enclosed public place.

Size of smoking area in restaurant

3(2)        The size of any smoking area designated under subsection (1) for a restaurant, whether or not the restaurant is licensed premises, shall not exceed 50% of the total seating area.

Exclusion of schools, businesses

4           Subsection 3(1) does not apply to any

(a) day care centre or nursery school; or

(b) elementary school or secondary school; or

(c) instructional facility other than a post-secondary educational institution; or

(d) retail store or shopping mall; or

(e) banking institution.

Duties of proprietor

5           Subject to the regulations, a proprietor of an enclosed public place shall post signs to indicate where smoking is prohibited or permitted in the enclosed public place.

Municipality may pass by-law

6(1)        Notwithstanding the provisions of this Act, a municipal council may pass a by-law to limit or ban smoking in any enclosed public place in the municipality.

By-law conflict

6(2)        Where there is a conflict between a provision of this Act or a regulation made thereunder and a provision of a by-law made by The City of Winnipeg or another municipality under subsection (1) or another Act of the Legislature, the provision of this Act or the regulation governs; but the provision of the by-law governs where it is more severe or restrictive, or more extensive in its application, than the provision of this Act or the regulation.

Cigarette sales to minors

7           No retailer shall knowingly sell or give any cigarettes, cigars or tobacco, or any cigarette or tobacco products, to a person who is under the age of 18 years.

Offence and penalty

8(1)        Every person who contravenes a provision of section 7 is guilty of an offence and liable on summary conviction to a fine of not more than $1,000. for a first offence and not more than $5,000. for each subsequent offence.

Offence and penalty

8(2)        Every person who contravenes a provision of this Act other than section 7, or a regulation, or a by-law made under section 6, is guilty of an offence and liable on summary conviction to a fine of not more than $100. for a first offence and not more than $500. for each subsequent offence.

Regulations

9           The Lieutenant-Governor in Council may make regulations

(a) exempting a class of enclosed public places from the application of this Act;

(b) prescribing the maximum area, or a manner of calculating the maximum area, that may be designated as a smoking area in a class of enclosed public places;

(c) respecting the form of signs and the manner of posting signs required under this Act;

(d) generally for carrying out the purposes and provisions of this Act.

Reference in C.C.S.M.

10          This Act may be referred to as chapter S125 of the Continuing Consolidation of the Statutes of Manitoba.

Commencement of Act

11          This Act comes into force on a day fixed by proclamation.