BILL 44

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 1 of the Smoke-free Places Act, chapter 222 of the Revised Statutes, 2011, is amended

(a)  in subsection (1)

( i) by repealing the definition “smoke” and substituting the following:

“smoke” means (fumer)

(a)  to smoke, hold or otherwise have control over an ignited tobacco product,

(b)  to inhale or exhale vapour from an electronic cigarette or to hold or otherwise have control over an activated electronic cigarette, or

(c)  to inhale or exhale vapour from a water pipe or to hold or otherwise have control over an activated water pipe.

( ii) in the definition “enclosed public place”

( A) in paragraph (c) of the English version by striking out “and” at the end of the paragraph;

( B) by adding after paragraph (c) the following:

(c.1)  a place that is more than 70% enclosed by a wall or a roof or a combination of the two, and

( iii) by adding the following definitions in alphabetical order:

“electronic cigarette” means a vaporizer or inhalant-type device, whether called an electronic cigarette or any other name, that contains a power source and heating element designed to heat a substance and produce a vapour intended to be inhaled directly through the mouth by the user of the device, whether or not the vapour contains nicotine. (cigarette électronique)

“outdoor public place” means an outdoor place to which members of the public have access as of right or by express or implied invitation. (endroit public extérieur)

“playground equipment” includes, but is not limited to, slides, swings, climbing structures, splash pads, wading pools and sandboxes. (matériel pour terrains de jeux)

“sports area” includes, but is not limited to, beaches, sports fields, sports courts, skateboard parks, skating rinks, swimming pools and spectator stands, but does not include golf courses. (aire d’activités sportives)

“wall” or “roof” means a barrier of any size that is capable of excluding rain, including a moveable barrier, whether in use or not, and a window or door, whether open or closed. (mur) (toit)

“water pipe” means a pipe or inhalant-type device, whether called a water pipe or any other name, that contains a water reservoir designed to heat a substance and produce a vapour intended to be inhaled directly through the mouth by the user of the device, whether or not the vapour contains nicotine or a tobacco product. (pipe à eau)

(b)  in subsection (2) by striking out “only if it meets the criteria established by regulation” and substituting “if food or drink is served there or entertainment is offered there”.

2 Section 3 of the Act is repealed and the following is substituted:

Smoking prohibited in certain places

3 No person shall smoke

(a)  in an enclosed public place,

(b)  in an indoor workplace,

(c)  within 3 m of any point on the perimeter of an outdoor eating or drinking area referred to in subsection 1(2),

(d)  within 9 m of a door, an air intake or a window of an enclosed public place or an indoor workplace,

(e)  in a provincial park as defined in the Parks Act,

(f)  in a group living facility,

(g)  in a public vehicle,

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

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

(j)  on the grounds of a school,

(k)  in an area of an outdoor public place on which playground equipment is situated, in a sports area of an outdoor public place or within 20 m of any point on the perimeter of the playground equipment or the sports area, or

(l)  on a trail of an outdoor public place or within 9 m of the trail.

3 Section 4 of the Act is amended in the portion preceding paragraph (a) by striking out “An in-patient” and substituting “Despite paragraphs 3(b), (d), (f), (k) and (l), an in-patient”.

4 Section 5 of the Act is amended

(a)  in subsection (1) in the portion preceding paragraph (a) by striking out “A registered guest, and his or her invited guests,” and substituting “Despite paragraphs 3(a), (b), (d), (k) and (l), a registered guest and his or her invited guests”;

(b)  in subsection (2) by striking out “subsection 5(1)” and substituting “subsection (1)”.

5 The Act is amended by adding after section 5 the following:

Exception for private residences

5.1 Despite paragraphs 3(d), (k) and (l), smoking is permitted

(a)  in a private residence, and

(b)  on the land on which a private residence is situated, unless the private residence is a multiunit residential building.

Exception for provincial parks

5.2 Despite paragraphs 3(d), (e), (k) and (l), smoking is permitted in a provincial park but only in an area that is

(a)  an occupied campsite,

(b)  a golf course, or

(c)  designated as a smoking area by the Minister as defined in the Parks Act.

Exception for campgrounds

5.3 If a campground is not a provincial park as defined in the Parks Act, paragraphs 3(d), (k) and (l) do not apply to an area of the campground that is an occupied campsite.

Exception for areas separated by a road

5.4 Paragraphs 3(d), (k) and (l) do not apply to an area that a road separates from the enclosed public place, indoor workplace, playground equipment, sports area or trail.

6 Subsection 10(3) of the Act is amended by adding after paragraph (d) the following:

(d.1)  require the production of a valid government-issued identification document, bearing a photograph of the person offering it, of any person who is or was in a place, area or vehicle where smoking is prohibited under this Act,

7 Subsection 12(2) of the Act is amended by striking out “subsection 8(1) or (2) or an order” and substituting “subsection 8(1) or (2), subsection 10(4) or an order”.

8 This Act comes into force on July 1, 2015.