Non-smokers' Health Act: Federal Workplace Rules

If your employer is federally regulated, the Non-smokers’ Health Act, not a provincial smoking law, governs smoking and vaping at work. It requires the employer to ensure that people refrain from smoking in any work space under its control, and the Act’s definition of smoke covers vaping and ignited cannabis as well as tobacco. As of 27 October 2026, Justice Laws shows the Act and its regulations in force. The overview of federal tobacco law is in federal smoking laws in Canada.

What is a work space?

The Act defines it as any indoor or other enclosed space in which employees perform the duties of their employment. It reaches common areas employees frequent, such as corridors, washrooms and elevators. The Labour Program, which interprets the Act, says that for this purpose enclosed means a space with a roof and more than two walls.

So an open-air loading dock is outside the definition, but a warehouse office, a break room or a cab with a roof is inside it.

Are outdoor smoking shelters covered?

Generally not. The Labour Program’s interpretation says the Act does not prohibit smoking on an employer’s property in areas that are not work spaces, and that an outside shelter employees do not need to enter for their duties is not one. It adds that:

• shelters are still workplaces under Part II of the Canada Labour Code, so the employer must protect employee health and safety there;
• it recommends that shelters not be enclosed, so they have adequate ventilation;
• provincial smoking laws may still apply, particularly where the public can reach the shelter.

Can a federal employer still designate a smoking room?

Only in limited cases. The Act lets an employer designate an enclosed room that is not normally occupied by non-smokers, but only to the extent the regulations allow. Under the current Non-smokers’ Health Regulations, the spaces an employer may designate include:

1. living accommodation set aside for people at a work place;
2. motor vehicles, lighthouses, crane cabs, cabooses and locomotives that are separate from other work spaces, do not share a ventilation system with them and are usually entered by one person per shift;
3. a ship room that usually has one occupant per shift.

The Labour Program notes that a 2007 amendment to the regulations prohibited most of the designated smoking rooms the Act had previously allowed. Designated areas must have ashtrays or non-combustible covered receptacles and a visible sign, except the vehicle and ship-room designations. An ordinary office or plant floor cannot get an indoor room under these rules. Before designating any room, the employer must consult the workplace committee or health and safety representative, or the employees if there is no committee. More on how this compares with provincial exceptions is in designated smoking areas for employers.

What are the penalties?

Who	First offence	Later offences
Employer breaching ss. 3, 4(2) or 5(4)	up to $1,000	up to $10,000
Individual breaching ss. 4(1) or 5(3)	up to $50	up to $100
Anyone obstructing an inspector	up to $1,000

Inspectors designated by the Minister of Labour may enter and inspect a work space at any reasonable time, and an inspector or peace officer may serve a ticket for an offence. Complaints are covered in how to report a workplace smoking violation.

How do breaks fit in?

The Canada Labour Code gives federally regulated employees an unpaid break of at least 30 minutes in every 5 consecutive hours, but its guidance does not mention smoke breaks. The break rules are in smoke breaks at work, and the provincial comparison in workplace smoking laws in Canada.

This is general information, not legal advice.