Tobacco and the Law

Tobacco and Smoking Act | Buffer Zones and Smoke-free Places | Laws for Retailers | Enforcement

Tobacco and Smoking Act

On May 31, 2023, Nunavut’s Tobacco and Smoking Act (TSA) came into effect to strengthen and replace the Tobacco Control and Smoke-Free Places Act that was 15 years old.

The Tobacco and Smoking Act (TSA) was designed to protect Nunavummiut from harmful second-hand smoke, especially children, pregnant women and individuals with health conditions, by ensuring that public places are smoke-free.

The Tobacco and Smoking Act (TSA) tells us where tobacco, vaping and other electronic cigarette devices, and cannabis can be used, who can buy it and restricts how retailers sell it.

Important changes to the legislation:

1. Smoke-free housing
   
   It is illegal to smoke, vape, or use cannabis – or to allow others to do so – in all Government of Nunavut staff and public housing. This also includes common areas of a building, such as balconies, hallways, stairs, and shared entrances. Smoke-free housing rules help to reduce Nunavummiut’s exposure to harmful second-hand smoke and protect the health and well-being of neighbours.

   

2. Smoke-free vehicles

   Smoking, vaping, or using cannabis in a motorized vehicle, like a car, boat, ATV, or snowmobile when someone under 19 years old is present is illegal.

   This new law is meant to reduce exposure to second-hand smoke and protect the health of children and youth.

   

1. Buffer Zones and Smoke-Free Places
   
   It is illegal to smoke, vape, or use cannabis in designated smoke-free places or buffer zones. A buffer zone is 9 metres from any entrance or exit to a building. This includes wheelchair ramps, walkways, stairs, landings, windows and air intakes.

   

2. Smoke-free places include:
   • Workplaces and work vehicles;
   • Public structures and public buildings;
   • Schools and school grounds;

   

3. Hospitals, health centres and their grounds;
   
4. Childcare centres and their grounds
   
5. Common areas of an apartment building or condominium building;
   
6. Outside spaces surrounding a restaurant or bar;
7. A buffer zone of a window used for providing goods or services to the public;
8. Motor vehicles when a minor is present;
9. Playgrounds, sports or playing fields;
10. Concerts, spectator stands, and public events;
11. Buffer zone of a residence

Tobacco Enforcement and Compliance Program

The Tobacco Enforcement and Compliance Program ensures that all tobacco retailers in Nunavut are in compliance with the Nunavut Tobacco and Smoking Act (TSA) and its regulations.

The program involves two areas for action:

Education and Outreach:

All tobacco retailers in possession of a valid Tobacco Retailer Permit registered through the Department of Finance receive an education and outreach visit and a Tobacco Retailer Toolkit from an Enforcement Officer/Environmental Health Officer (EHO).

Tobacco Inspections:

Formalized tobacco inspections to ensure that tobacco retailers and their employees are in compliance with the TSA and the regulations.

This includes making sure that:

• Employees are checking ID and not selling tobacco and alternative products to people younger than 19.
• The store has a written tobacco policy, practices, and procedures in place to discourage and prevent the sale of tobacco and smoking products to minors.
• All employees receive training and education before selling tobacco and alternative products.
• Retailers have a mechanism to monitor their employees to ensure they are complying with both TSA and regulations and the retailer's policies.
• Proper signage is in place.

Enforcement Officers/Environmental Health Officers:

Enforcement Officers/Environmental Health Officers’ roles include public education, conducting inspections of tobacco retailers to ensure compliance with the Tobacco and Smoking Act and its regulations, as well as responding to complaints from the public.

To report any violation of these new laws at your workplace, contact Workers Safety and Compensation Commission (WSCC) at 877-404-4407.

For violations in another smoke-free place or a buffer zone like in front of a store, school ground, or hospital ground, please contact the manager or the proprietor, as it is their responsibility to ensure that employees, patrons, or visitors are complying with the smoking laws.

To file a complaint regarding another tenant’s use of tobacco and/or vaping product or cannabis, you can do so by submitting a concern in writing to your Local Housing Organization and/or to the Regional Nunavut Housing Corporation office.

For any other inquiry reach out to the Department of Health - Tobacco and Cannabis Program at tobacco@gov.nu.ca.