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S.M. 1994, c. 24

An Act to Amend an Act to Protect The Health of Non-Smokers (2)

(Assented to July 5, 1994)

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

C.C.S.M. c. S125 amended


An Act to Protect the Health of Non-Smokers is amended by this Act.


The title is repealed and "The Non-Smokers Health Protection Act" is substituted.


The definition "enclosed public place" in section 1 is repealed and the following is substituted:

"enclosed public place" means any part of an enclosed place to which members of the public have access, including, without restricting the generality of the foregoing,

(a) any part of

(i) an office building,

(ii) a retail store or other commercial establishment, or

(iii) the common areas of a residential building or shopping mall,

(b) a health care facility,

(c) a day care centre or nursery,

(d) an educational institution or facility,

(e) a restaurant, and

(f) an elevator; (« endroit public fermé »)


The definition "smoking" in section 1 is repealed and the following is substituted:

"smoking" means

(a) smoking a cigarette, cigar, pipe or other device used for smoking tobacco, or

(b) having control of a lighted cigarette, cigar, pipe or other device used for smoking tobacco; (« fumer » ou « usage du tabac »)


The following definitions are added to section 1 in alphabetical order:

"motor vehicle" means a motor vehicle used for the public transportation of persons or property; (« véhicule automobile »)

"restaurant" includes any part of a coffee shop, cafeteria, sandwich stand, food court or other eating establishment that is located in an enclosed public place and is open to members of the public, whether or not it is licensed premises or a portion of licensed premises; (« restaurant »)

"shopping mall" means a complex of commercial establishments designed for the sale of goods or services or both to members of the public; (« centre commercial »)

"tobacco product" means tobacco leaves and any product manufactured from tobacco that is intended to be used for smoking, inhaling or chewing and includes nasal and oral snuff, cigarette paper, tubes and filters. (« produit du tabac »)


Section 2 is amended

(a) in the section heading, by adding "or motor vehicles" after "places"; and

(b) in the section, by adding "or in a motor vehicle" at the end.


Subsection 3(1) is amended by adding "of which he or she is the owner or in which he or she carries on or manages activities, if he or she takes reasonable steps to locate the smoking area so as to minimize the drifting of smoke into the non-smoking area" at the end.


Subsection 3(2) is repealed and the following is substituted:

Size of smoking area in restaurant


Where an enclosed public place within which a proprietor designates a smoking area under subsection (1) is a restaurant, the proprietor shall ensure that the smoking area does not exceed in size an area capable of accommodating 50% of the seats in the restaurant.


Section 4 is repealed and the following is substituted:

Exclusion of schools, businesses and elevators


Subsection 3(1) does not apply to

(a) a day care centre or nursery school;

(b) an elementary or secondary school;

(c) an instructional facility other than a post-secondary educational institution and other than a facility described in clause (a) or (b);

(d) any part of a retail store or shopping mall other than a restaurant;

(e) an elevator; or

(f) a banking institution.


Section 5 is repealed and the following is substituted:

Signs to be posted


The proprietor of an enclosed public place in which smoking is prohibited or permitted, as the case may be, shall post signs in visible locations to indicate where smoking is prohibited and where smoking is permitted in the enclosed public place.


Section 7 is repealed and the following is substituted:

Cigarette sales to minors


No person shall sell or offer to sell any cigarettes, cigars, tobacco or tobacco products to another person who is under the age of 18 years.

Defense of accused


In a prosecution or proceeding for a contravention of subsection (1), the accused has a defense if he or she can prove on a balance of probabilities that, before selling or offering to sell the cigarettes, cigars, tobacco or tobacco products to the person, the accused took reasonable steps to ascertain the age of the person and was reasonably satisfied that the person was 18 years of age or older.


The following is added after subsection 8(2):

Limitation period


Any prosecution for an offence under this Act may be commenced within one year after the date the offence is committed and no later.


Section 9 is amended by adding the following after clause (d):

(e) respecting the packaging and labelling of tobacco and tobacco products, including the size of packages of tobacco and tobacco products.

Coming into force


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