We grew up with our parents smoking in the car and never gave any thought to the dangers of second hand smoke. Today children under the age of 16 and people in the workplace are protected from second hand smoke by legislation. It is an offence to smoke in your vehicle with children present or to smoke in your workplace.
Smoking in Motor Vehicle Prohibited
The Motor Vehicle Act forbids smoking or vaping in a motor vehicle when children under the age of 16 are present:
231.1 (1) In this section, "activated e-cigarette", "e-cigarette" and "tobacco" have the same meaning as in the Tobacco and Vapour Products Control Act.
(2) A person must not smoke tobacco, hold lighted tobacco, use an e-cigarette or hold an activated e-cigarette in a motor vehicle that is occupied by a person under the age of 16 years, whether or not any window, sunroof, car-top, door or other feature of the vehicle is open.
(3) A person who contravenes subsection (2) commits an offence.
(4) The Lieutenant Governor in Council may make regulations exempting any person or class of persons from the requirements of this section and prescribing conditions for those exemptions.
Penalty
The ticket for a violation of section 231.1 MVA is $109 with no penalty points.
Workplaces
In British Columbia, any vehicle used for work purposes is defined as a workplace under the Workers Compensation Act and its associated Occupational Health and Safety (OHS) Regulation. This designation applies regardless of who owns the vehicle, employer or employee and whether driving is a full-time, part-time, or occasional part of the job.
Employers must ensure workplaces are smoke-free, including company vehicles, and are responsible for ensuring compliance to protect employees from secondhand smoke.
Penalty
Penalties for smoking or allowing workers to smoke in a workplace can result in fines of up to $575 per ticket and administrative monetary penalties up to $5,000.
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