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Renseignements en Français

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Tobacco Legislation

Tobacco use is the leading cause of preventable illness, disability and premature death in Canada. Smoking is a major contributing factor to a number of chronic diseases and deaths. Second-hand smoke (environmental tobacco smoke) can cause serious health concerns for children and all non-smokers in our communities.

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1. Tobacco Legislation

The Tobacco Control Act and The Tobacco Control Regulations reduce youth access to tobacco products and protect Saskatchewan residents from the harms associated with environmental tobacco smoke.

The Tobacco Control Act bans smoking in:

  • enclosed public places;
  • cars with passengers under the age of 16;
  • doorways, windows and air intakes of public buildings; and
  • school grounds.

The Act also restricts the sale and advertising of tobacco products.

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2. Selling Tobacco

The Tobacco Control Act states that no person shall sell tobacco or tobacco-related products in any of the following places or premises:

  • a pharmacy; or
  • a retail store if:
    • a pharmacy is located in the retail store; customers of a pharmacy can enter into the retail store directly or by the use of a corridor or area used exclusively to connect the pharmacy with the retail store; and
    • and other places.

Pharmacies and stores that contain a pharmacy, such as supermarkets, must not sell tobacco or tobacco-related products (e.g. cigarette papers, cigarette makers, etc.).

If a retail establishment that contains a pharmacy chooses to continue to sell tobacco and tobacco-related products in the existing building, a separate retail area must be constructed in the building so that customers of the pharmacy cannot access the area where the tobacco products are sold, except by the use of a separate exterior doorway.

The majority of provinces already ban the sale of tobacco in pharmacies, including Alberta, Ontario, Quebec, New Brunswick, Nova Scotia, Prince Edward Island and Newfoundland and Labrador.

The Ministry of Labour Relations and Workplace Safety responds to issues related to smoking or holding lit tobacco in workplaces that are not accessible to the public. For more information on the Occupational Health and Safety (OHS) regulations, which include provisions respecting smoking in workplaces, please contact the OHS office.
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3. Enforcing the Law

Public Health Inspectors are designated as Tobacco Enforcement Officers and enforce the smoke-free public places and the advertising and promotion provisions of The Tobacco Control Act, including the ban on selling tobacco in pharmacies. The fine for selling tobacco in prohibited places, including pharmacies, is $500.

Smoking in vehicles when people under 16 are present will also result in a monetary fine. A charge of $220 has been established if an offence is to occur. This legislation applies to all classes of vehicles at any time that children and youth are present.

The RCMP and municipal police throughout the province enforce the ban on smoking in vehicles when children under the age of 16 are present.

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4. Smoke-Free Public Places

Smoking or holding lighted tobacco is prohibited in enclosed public places and within 3 metres of a doorway, window or air-intake of an enclosed public place.

n enclosed public place is all or any part of a building or other enclosed place or conveyance to which the public has access as of right or by express or implied invitation.

Included in this definition are bus shelters, public transit vehicles, the common areas of a multi-unit residential building, private clubs, and public buildings that are rented out for private events.

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5. Tobacco and My Business

The Ministry of Health has developed a Toolkit for Responsible Tobacco Retailers. This toolkit provides an overview of the federal and provincial laws regarding the sale and advertising of tobacco and tobacco-related products in Saskatchewan for retailers. It contains highlights of the provincial and federal tobacco legislation, penalties, frequently asked questions from retailers, tips on developing store policies, employee training and tools, monitoring tools and sample exams.

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