It is against the law to smoke in a public place or work place in PEI. Also, smoking is not permitted in any vehicle while a child under age 19 years is present, even if a window, door, sunroof or roof is open and allows fresh air into the vehicle.
What are the key elements of the Smoke-Free Places Act?
The primary purpose of the Smoke-Free Places Act and Regulations is to protect citizens from the harmful effects of second-hand smoke and the unknown effects of vapours from an electronic smoking device. Secondarily, it is meant to reduce consumption of tobacco products in the province.
The legislation prohibits the use of tobacco products and electronic (vapour) smoking devices in any public or work place in the province including hospitals, school grounds, community or church halls, restaurants, bars, shopping malls, movie theaters, rinks and office buildings. The Act also applies to any private club with an employee such as a service club or legion and to any private function held in a public space.
A private residence, including an apartment complex, is not covered under the Act.
Are designated smoking areas permitted under this legislation?
Yes, a designated smoking area is permitted providing no part of the place is used for a child-care centre, school or hospital and as long as the designated area is in compliance with the Regulations of the Smoke-Free Places Act including, but not limited to the following:
- A designated smoking area for residents is permitted in a privately owned long-term care facility providing it is equipped with the proper ventilation system that complies with the Act, Regulations and all relevant provincial and municipal laws.
- A designated outdoor smoking area must be 4.5 meters (15 feet) from any entrance or any outdoor air intake for the indoor non-smoking areas.
- A patio may not be designated as a smoking area except between the hours of 10:00 p.m. through 3:00 a.m. the following day. A sign must be posted indicating the designation and the hours during which the patio is designated a smoking area.
What if someone does not comply with the legislation?
- An owner/employer who does not comply with the legislation or with an order served by an inspector is guilty of an offence. The penalty for an offence ranges from $100 to $2000.
- A smoker who does not comply with the Smoke-Free Places Act can have information laid against them and be taken to Provincial Offences Court.
Who has the authority to enforce the legislation?
- Environmental health officers, occupational health and safety officers and liquor control inspectors monitor compliance with this legislation.
- RCMP and municipal police services ensure enforcement of the legislation that pertains to smoking in vehicles when minors are present.
- Hospital security and administrators ensure your compliance when the legislation pertains to their facility/grounds.
How will the public know that a place is smoke-free?
As an owner/operator or employer you are responsible for informing your customers and staff of the legislative requirements and ensuring compliance.
- You are responsible to post a sign at each entrance to your premises warning that smoking (tobacco products and electronic smoking devices) is not permitted inside the public place or workplace.
- If you see customers or employees smoking, you or your employee must ask them not to smoke in smoke-free areas.
- Educate your employees about the requirements under the amended Smoke-free Places Act, including what to say to customers.
- If customers continue to smoke after you have requested that they stop, you may choose to discontinue service or ask that they leave.
- Act as you would act if someone was disturbing your other customers in some other way.
Where can I get a “NO SMOKING” sign?
You can request No Smoking signs at any Access PEI site or download and print.