In general, tobacco and vapour products cannot be used in and around enclosed public places such as offices, schools, stores and other places, including washrooms and waiting areas within these locations. The common areas of hotels and apartments, such as hallways and laundry rooms are also considered public places. People are prohibited from using tobacco and vapour products within three meters from a doorway, window or air intake of an enclosed public place. The proprietors have legal responsibilities to prevent people from using tobacco and vapour products in and around enclosed public places.
An exception to restrictions on the use of tobacco and vapour products in enclosed public places exists for:
- Separate enclosed ventilated place in special care homes and personal care homes.
Also, for vapour products only, in an age-restricted specialty vape shop:
- When customers are testing or sampling vapour products in-store.
Please see below for more information.
Testing or sampling of vapour products before purchasing
Testing or sampling of vapour products is allowed in adult-only stores, with the following conditions:
- A customer can sample a vapour product in the store if they are sampling products they intend to purchase and consume off-site.
- The proprietor and employees of a retailer of vapour products may sample the products for the purpose of sale, when the store is not open to the public.
- Retailers must take reasonable steps to minimize the drifting of vapour into adjacent areas where the use of vapour products is prohibited.
Use of tobacco and vapour products in special care homes and personal care homes
Residents of special care homes and personal care homes, or their visitors, can use vapour products inside the care facility only if there is a designated, specially constructed room that meets the following conditions:
- must have a door that:
- is capable of sealing to prevent vapour from escaping into other parts of the special-care home or personal care home;
- is equipped with a device that causes the door to close automatically; and
- is kept closed at all times except when opened to permit entry or exit from the room; and
- must have a ventilation system that:
- prevents recirculation of air from the separate enclosed ventilated place to any other part of the special care home or personal care home;
- provides a continuous supply of fresh air into the separate enclosed ventilated place;
- is capable of replacing the air volume in the separate enclosed ventilated place at least 12 times per hour; and
- exhausts the air from the separate enclosed ventilated place directly to the exterior of the special care home or personal care home.
Using tobacco and vapour products within enclosed public places
In general, use of tobacco and vapour products within enclosed public places is prohibited. If a person is smoking or vaping within an enclosed public place, the proprietor shall:
(a) request the person to immediately stop smoking or vaping;
(b) inform the person that he or she was committing an offence; and
(c) refuse to provide that person with a good or service that the proprietor customarily provides in the enclosed public place until that person stops smoking or vaping.
Proprietors are required to post the below sign at entrances, waiting areas and washrooms in their premises to inform public of the restriction. You can obtain the below sign from your local Public Health Office or download and print. The sign must be at least 15 centimetres high and 20 centimetres wide.
Using tobacco or vapour products outdoors
The Tobacco and Vapour Products Control Regulations sets a three-metre area around any doorway, window or air intake of an enclosed public place in which no one can use tobacco and vapour products. This safeguards against emissions entering these places and protects people as they arrive or leave the premises. Enclosed public places include stores, offices, public transit vehicles, restaurants and bars.
NOTE: You may live in a community/municipality with bylaws further restrict outdoor tobacco and vapour product use. If your community/municipality has such a bylaw, it takes precedence over the provincial requirement. Whichever requirement is more restrictive is the requirement you must follow.
Responsibilities of proprietors to enforce the three-metre zone
Proprietors are required to take reasonable steps to prevent people from smoking or vaping within the three-metre zone on their property. Proprietors have to post the below sign at appropriate places in their premises to inform public of the restriction. You can obtain the below sign from your local Public Health Office or download and print. The sign must be at least 4.5 centimetres high and 14 centimetres wide.
What about smoking or vaping on school property?
The Tobacco and Vapour Products Control Act prohibits smoking and vaping in schools, including school grounds. This prohibition extends to all school property all the time, irrespective of whether or not school is in session.
What about smoking and vaping in a hotel room?
- In hotels, check with management to find out the policies within rooms.
- You cannot smoke or vape in the common areas of hotels such as lobbies, hallways and restaurants. You cannot smoke or vape within three metres of doorways, windows or air intakes around the hotel. Many communities/municipalities have stricter smoke-free and vapour-free bylaws. Check with your local community for bylaws in the area.
What about vaping at home?
You are free to use tobacco and vapour products inside your home.
If you live in a multi-unit building, like an apartment, condominium or townhouse, keep the following in mind:
- You cannot smoke or vape in common areas such as a lobby, laundry area or hallways or within three metres of the doorways, windows or air intakes that are connected to common areas.
- Your property may have further restrictions on smoking and vaping. Check your lease agreement and apartment policies for information on the restrictions in your building.
What about smoking or vaping in vehicle?
There are two situations when smoking or vaping is not allowed in a vehicle.
- When a vehicle:
a) is used or made available for public transit or as a commercial vehicle; and
b) is used to transport members of the public;
but only during any period that the vehicle is made available for hire, including any break period.
- When someone under the age of 16 is in your vehicle.
How is the law being enforced?
Saskatchewan Health Authority Tobacco Enforcement Officers will respond to complaints regarding smoking vaping. Find the public health office serving your area.
What are the penalties for breaking law?
Violations of legislation could result in a fine for the proprietor and/or person vaping.
For more information about penalties, visit Tobacco and Vapour Products Legislation/Enforcing the Law.
Visit the Enforcement page for more information.