BILL 18

An Act to Amend the Smoke-free Places Act

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1 Section 3 of the Smoke-free Places Act, chapter 222 of the Revised Statutes, 2011, is repealed and the following is substituted:

3(1)             Except as provided in section 4 and subsection 5(1), no person shall smoke

(a)          in an enclosed public place,

(b)          in an indoor workplace,

(c)          in a group living facility,

(d)          in a public vehicle,

(e)          in a vehicle while another person in the vehicle is under the age of 16 years,

(f)           in a vehicle used in the course of employment, while carrying two or more employees,

(g)          on the grounds of a school, or

(h)          within 10 metres of children’s playground equipment that is in an outdoor public place.

3(2)             Paragraph (1)(h) does not apply to a person

(a)          in a motor vehicle, unless the motor vehicle is stationary,

(b)          in an area that is separated from the children's playground equipment by a

 road, or

(c)          at residential premises or on land on which residential premises are built or

 may lawfully be built.

2 The Act is amended by adding after subsection 6(2) the following:

6(3)             Subsections (1) and (2) do not apply to the smoking prohibition outlined in paragraph 3(1)(h).

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