New brunswick smoke free places act

To protect everyone from the dangers of second and third-hand smoke, help smokers who are trying to quit as well as lower tobacco and vaping product use initiation rates, the New Brunswick Smoke-Free Places Act prohibits smoking and vaping tobacco, cannabis and all other substances in a variety of indoor and outdoor public environments.

Indoor environments:

• in enclosed public places;
• in indoor work spaces;
• in a group living facility;
• in a public vehicle;
• in a vehicle while another person in the vehicle is under the age of 16;
• in a vehicle used in the course of employment while carrying two or more employees.

Outdoor environments:

• on the grounds of a school;
• on patios and all similar outdoor public facilities where food and/or alcohol is served and within three metres of the patio’s boundary;
• within nine metres of doorways, windows and air intakes of enclosed public places and indoor workplaces;
• on or within 20 metres of children’s equipment and sports areas located in an outdoor public place;
• on or within nine metres of a public walking or jogging trail in an outdoor public place;
• within the boundaries of provincial parks except within the boundaries of rented campsites, golf courses and designated areas within the park;
• on all regional health authority grounds.

Definition of “smoke” in the New Brunswick Smoke-Free Places Act

According to the New Brunswick Smoke-Free Places Act, “smoke” means “(a) to smoke, hold or otherwise have control over an ignited tobacco product or another ignited substance that is intended to be smoked, or (b) to inhale or exhale vapour from, or to hold or otherwise have control over, (i) an activated electronic cigarette, (ii) an activated water pipe, or (iii) another activated device containing a substance that is intended to be inhaled or exhaled.”

New Brunswick’s Cannabis Control Act

Under the New Brunswick Cannabis Control Act, consuming retail cannabis in any type of public place is prohibited. It is also illegal to consume cannabis in a vehicle and to drive under the influence of cannabis. (Medical cannabis; however, can be smoked or vaped in public where smoking and vaping are not already prohibited by the New Brunswick Smoke-Free Places Act.)

Learn more:

• Smoke-Free Places Act – Government of New Brunswick
• New Brunswick Regulation – Under the Smoke-Free Places Act
• Tobacco-Free Living – Office of the Chief Medical Officer of Health (Public Health) – Government of New Brunswick
• Cannabis Control Act – New Brunswick
• Cannabis in New Brunswick – Take the Legal Route

Reporting Smoking and Vaping Violations in New Brunswick

The best approach when you see someone smoking or vaping tobacco, cannabis or any other substance in a designated smoke-free area is to politely remind this person to please respect the smoke-free nature of this public space. You can also notify the building owner or appropriate authorities that violations to the Smoke-Free Places Act are happening and that it is their responsibility to enforce the smoke-free nature of their public space.

Repeat offences should be promptly reported to the Smoke-Free Places Act Information line. New Brunswick peace officers and inspectors are able to issue tickets to individuals who smoke or vape tobacco, cannabis or any other substance, in public places where smoking and vaping are banned, as well as building owners who do not enforce the regulations of the New Brunswick Smoke-Free Places Act (appropriate signage, etc.). The Smoke-Free Places Act Information Line toll-free number is 1-866-234-4234.

For questions and complaints involving cannabis use in public places not already designated as smoke-free, as well as the illegal sale or possession of cannabis, it is recommended to contact your local police department.

Smoke-Free Environments Signs

Requirements regarding signage in New Brunswick for designated smoke-free environments are detailed in this document: New Brunswick Regulations – Under the Smoke-Free Places Act.

• A sign prohibiting smoking shall be posted at each entrance to an enclosed public place or indoor workplace and be clearly visible to persons entering.
• A sign prohibiting smoking shall be posted in each public vehicle and be clearly visible to members of the public.
• A sign prohibiting smoking shall be posted in each outdoor public place and be clearly visible to members of the public.
• A sign prohibiting smoking shall
  • be in the form of the international graphic symbol depicted in Schedule A to the Regulation,
  • include a red circle bisected by a red interdictory stroke,
  • be printed on a white background, and
  • be at least 65 mm in diameter

  Links to downloadable signage is available on our Smoke-Free Environments Resources page.

  Sale of Tobacco and Vaping Products in New Brunswick

  New Brunswick Tobacco and Electronic Cigarette Sales Act

  The purpose of the New Brunswick Tobacco and Electronic Cigarette Sales Act is to protect the health of New Brunswickers, especially youth, by restricting their access to tobacco products and electronic cigarettes and preventing the display of these products which helps in reducing the visibility of tobacco. As of January 1, 2016, the Tobacco and Electronic Cigarette Sales Act prohibits the sale of all flavoured tobacco products, including menthol, in New Brunswick. The sale of e-cigarettes and e-juices to persons under 19 years of age is also prohibited.

  New updates

  On June 10th, 2021, Bills 55 and 63 were passed in the Legislative Assembly to amend the Tobacco and Electronic Cigarette Sales Act. As such:

  Effective September 1st, 2021:

  • Flavoured e-cigarettes, except for tobacco flavour, will no longer be permitted to be sold.
  • Flavoured substances, except for tobacco flavour, meant to be added to e-cigarettes will no longer be permitted to be sold.

  Effective April 1st, 2022:

  • Operators of vapour shops, defined as a place in which the primary business conducted is the sale of e-cigarettes, will require a licence. Additional details can be found here: Bill 55

  New Brunswick Tobacco Tax Act

  The New Brunswick Tobacco Tax Act raises the price of tobacco products through taxation to discourage youth from starting to smoke. By setting and increase licensing fees, retailers are discouraged from selling tobacco, which reduces the overall number of tobacco retailers.

  Canada’s Tobacco and Vaping Products Act

  Canada’s Tobacco and Vaping Products Act (TVPA) was enacted on May 23, 2018, to regulate the manufacture, sale, labelling and promotion of tobacco products and vaping products sold in Canada. The former Tobacco Act was originally enacted in 1997 in response to the national public health problem posed by tobacco use.

  Other Resources

  • Tobacco Retailer Licence Fee Summary
    Canadian Cancer Society (July 2018)
    Lists the annual licence fee per tobacco retailer for municipalities and provinces.
  • Tobacco Sales Data
    Health Canada (2019)
    Data for tobacco sales nationally and by province/territory for cigarettes, fine-cut tobacco, cigars, pipe tobacco, and smokeless tobacco.