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Smoke-free Places Act

The Phase Two Consultation on Regulation of the Smoke-free Places Act is from June 8 to June 29, 2009. For more information, visit our Phase Two Consultation page.

 

Smoke-free Places Act (PDF, 218 KB)

Phase One Regulations under the Smoke-free Places Act

Regulation (PDF, 378 KB)

Fines (PDF, 45 KB)

Proposed Signage (PDF)

 

Other information regarding the Act

Required Signage (3" x 3") (PDF, 68 KB)

Alternate Signage - option 1(6" x 6") (PDF, 60 KB)

Alternate Signage - option 2 (6.5" x 8.5") (PDF, 613 KB)

Education Kit for Business owners/managers - English (PDF, 352 KB)

Education Kit for Business owners/managers - French (PDF, 349 KB)

Questions and Answers

How will the Smoke-free Places Act affect me?

As of May 15, 2008, when the Smoke-free Places Act comes into effect, all indoor workplaces, commercial vehicles carrying two or more people, and public buildings must be smoke-free. Smoking will not be permitted in offices, workshops, restaurants, bars, or community halls, among other buildings throughout the territory. Patios or other outdoor areas where food or drinks are sold will also be smoke-free.
There are two exceptions: smoking will be allowed in designated smoking rooms in long-term care facilities and in hotel, motel, and B&B sleeping rooms that have been set aside for smokers.
Finally, there is a ban on smoking in private vehicles carrying children under the age of 18 years.

I’m a smoker. Apart from my own home, where else can I smoke?

You can smoke outdoors. A regulation is being developed to specify how far smokers must stand from entrances, air intake vents, and windows of buildings when they smoke. Until these regulations are in place, smokers are asked to be considerate of non-smokers, and choose places to smoke outdoors where non-smokers will not be affected and the smoke will not drift into the building.

Does this Act apply to all communities in the Yukon?

Yes. The Smoke-free Places Act applies to all Yukon communities.

Does this Act apply to self-governing First Nations?

Yes. The Smoke-free Places Act applies Yukon-wide.

What signage is required?

Signs should be posted in all smoke-free places to indicate that smoking is not allowed. A regulation is being developed that will specify the content and posting requirements. In the meantime, owners and managers are asked to make or purchase their own no-smoking signs as a reminder to customers, employees, and the public at large that smoking is prohibited.

Would a 16-year old driving alone and smoking in his/her vehicle be committing an offence according to the new legislation?

Yes. Under the Act, anyone younger than 18 years is considered a minor regardless of whether or not they are legally allowed to drive.

I am the owner/manager of a building which must be smoke free? What are my responsibilities if someone lights up?

As an owner or manager of a smoke-free place, you are responsible for posting no-smoking signs and removing any ashtrays. These steps will discourage most smokers from lighting up.
If a person does light up, you must take steps to get them to butt out. You should remind them that smoking is prohibited, and that they are committing an offence by smoking. You can ask them to stop smoking indoors, and take their smoking outside. Finally, you can refuse to serve a person until they have stopped smoking.

What can I do as a business owner/manager to support smokers and non-smokers in my workplace?

Posting no-smoking signs and removing ashtrays support smokers and non-smokers alike. Prohibiting smoking in public places helps smokers reduce their smoking and think about quitting. It also protects non-smokers from exposure to second-hand smoke.
You can also create an outdoor smoking area that has a bucket or can filled with sand for butts. Remember to locate the area far enough away from doors, windows and air vents so that the smoke will not affect non-smokers, or drift into the building.

My workplace allows employees to smoke in a room designated for smoking – can staff continue to smoke there?

No. No employer can permit an employee to smoke inside the building, or in a vehicle used for business purposes carrying two or more people.

Will there be changes to the display and advertising of tobacco products?

Yes. By May 15, 2009, stores and other places which sell tobacco products will no longer be able to display cigarettes, cigars, chewing tobacco, and other forms of tobacco. The Act gives retailers one year to make changes in how they store tobacco products so that they are not visible to the public.
As well, advertising tobacco products must be limited to a sign listing the tobacco products offered for sale and their prices. The specific requirements for the signs will be prescribed by regulations in the coming months.

I run a hotel (motel or B&B). Can I allow smokers to smoke in their room?

Yes, provided you have designated that room as a smoking room.

I own a business and I do not have any employees. Am I allowed to smoke in my workplace?

You are allowed to smoke provided that the public doesn’t frequent your business. If the public enters your building or workspace, you must take your smoking outdoors.

How will the Smoke-free Places Act be enforced?

The Yukon government will focus its efforts on educating Yukoners about the effects of second-hand smoke, and the steps they can take as individuals to reduce exposure to second-hand smoke, including complying with the Smoke-free Places Act.  Most Yukoners support the creation of smoke-free workplaces and public spaces, and we are confident that most Yukoners will take their smoking outdoors.

Consultation regarding the drafting of the regulations is ongoing; however, we do have one regulation regarding fines for infractions of the Act, which can be found here. If you wish to file a complaint under the Act, please call Environmental Health Services at 867-667-8391 or 1-800-661-0408 ext. 8391.

What are the penalties for violating the Smoke-free Places Act?

Penalties will be set out in regulations. We currently have a regulation regarding fines for infractions of the Act. You can read about it here.

How is the Smoke-free Places Act different from the City of Whitehorse bylaw?

There are five main differences:

  1. smoking is not permitted on outdoor patios
  2. all entrances to workplaces and public buildings will be smoke-free, and smokers will be required to stay clear of air intake vents and windows when they smoke
  3. commercial vehicles carrying two or more persons must be smoke-free
  4. smoking in vehicles carrying children under the age of 18 years is not permitted
  5. the advertising, promotion and display of tobacco products will be prohibited as of May 15, 2009

Where can I get more information on the Smoke-free Places Act?

This web site will be updated as new regulations become available, or call 867-667-8392 or 1-800-661-0408 ext. 8392.

Overview

No smoking is permitted in the following enclosed places:

  • daycare, pre-school
  • school, community college or university [also, no smoking on school grounds]
  • library, art gallery or museum
  • health-care facility
  • cinema or theatre
  • video arcade, pool hall, billiards room
  • recreational facility where the primary activity is physical
  • recreation, including a bowling alley, fitness centre, gymnasium, pool or rink
  • multi-service centre, community centre/hall, arena, fire hall or church hall
  • meeting or conference room or hall, ballroom or conference centre
  • retail shop, boutique, market or store or shopping mall
  • laundromat
  • ferries, ferry station, bus, bus station or shelter, taxi, taxi shelter, limousine or vehicle carrying passengers for hire
  • common area of a commercial building or multi-unit residential building, including but not limited to corridors, lobbies, stairwells, elevators, escalators, escalators, eating areas, washrooms and restrooms
  • restaurants, lounges, beverage rooms, private clubs, cabarets, clubs or other places licensed to serve alcoholic beverages
  • bingos
  • a facility as defined in the Hospitals Act
  • offices of the Yukon government, a municipality, a village or First Nation
  • territorial jail

Vehicles

  • no smoking in vehicles used in the course of employment while carrying two or more employees
  • no smoking in vehicles where there are children under the age of 18 years present

Restaurants

  • no smoking at any time

Beverage rooms & lounges

  • no smoking at any time

Places used for bingo

  • no smoking at any time

Private clubs

  • no smoking at any time

Casinos

  • no smoking at any time

Licensed outdoor areas and patios

  • The Act requires all outdoor licensed areas and patios of all restaurants, lounges, beverage rooms and cabarets to be smoke-free

Nursing home or residential care facility

  • Designated smoking rooms are permitted
  • must be enclosed and separately ventilated
  • only residents are permitted
  • signs must be posted at the entrance

Effective Date

  • In force May 15, 2008

If you have any questions specific to the Smoke-free Places Act, please call 867-667-8392 or 1-800-661-0408 ext 8392.