E5 – Smoking

Originator: Safety and Health Services
Approver: Senior Leadership Team
Effective: January 1, 2020
Replaces: February 11, 2014

1. Purpose

This Smoking Policy sets out requirements regarding smoking on Red River College Polytechnic (the “College”) campuses in order to:

1. promote and preserve the health, safety and well-being of the College community, including students, faculty, staff, contractors, visitors, and volunteers;
2. support a learning and workplace culture that promotes prevention, harm reduction, support and well-being;
3. recognize the rights of non-smokers to a smoke-free environment; and
4. comply with applicable laws and regulations governing the use of smoking and vapour products in Manitoba.

2. Interpretation

Unless context dictates otherwise, in this Policy, the following definitions apply:

1. “cannabis” means cannabis as defined in the Cannabis Act (Canada);
2. “e-cigarette” also referred to as an “electronic cigarette”, means either:
   1. a product or device, whether or not it resembles a cigarette, containing a power source and heating element designed to vapourize an e-substance for inhalation or release into the air; or
   2. a product or device described by regulation at law similar in nature or use to a product or device described in sub-clause (i) of this paragraph 2(b);
3. “e-substance” means a solid, liquid or gas that, on being heated, produces a vapour for use in an e-cigarette;
4. “enclosed public place” means any part of an enclosed place to which members of the College community or public have access, including but not limited to:
   1. an office building;
   2. retail store or other commercial establishment;
   3. a health care facility;
   4. a day care centre or nursery, an educational institution or facility,
   5. a restaurant,
   6. an elevator,
   7. an enclosed place, other than a private residence, in which a private function is being held,
   8. a bus shelter, pedestrian tunnel or enclosed pedestrian walkway, and
   9. any other place or class of places prescribed by regulation under applicable laws;
5. “health care facility” means a place where a person may receive medical examination, treatment or care;
6. “outdoor public place” means an outdoor place to which members of the public have access which is on College owned, leased or occupied lands, including, but not limited to:
   1. a sidewalk, street, highway or outdoor parking lot;
   2. a park or playground;
   3. a playing field or other outdoor sports venue;
   4. an outdoor entertainment venue;
   5. the grounds of an educational institution or facility, and
   6. an outdoor patio or deck that is associated with a restaurant or other enclosed public place;
7. “smoking” means:
   1. smoking a cigarette, cigar, pipe or other device used for smoking tobacco or cannabis, or vaping / use of e-cigarettes, or
   2. having control of a lighted cigarette, cigar, pipe or other device used for smoking tobacco, cannabis. or an e-substance;
8. “tobacco” means tobacco in any form in which it is used or consumed, and includes cigarettes, cigars, snuff and raw leaf tobacco, but does not include any food, drug or device that contains nicotine and to which the Food and Drugs Act (Canada) applies; and
9. “use”, in relation to an e-cigarette, means:
   1. to vapourize an e-substance for inhalation or release into the air by means of an e-cigarette, or
   2. to have control of an e-cigarette in which an e-substance is being vapourized.

3. Application

This Policy applies to all members of the College community, including but not limited to, students, faculty, staff, contractors, visitors and volunteers.

4. Policy

The College is committed to a smoke-free campus environment.

Subject only to the exceptions set forth in part 5 below, smoking is prohibited on all College owned, leased and/or occupied buildings, property and grounds under its control. This smoking prohibition covers, but is not limited to, all enclosed public places and outdoor public places. Leased and/or occupied buildings and grounds may be subject to lessor or third party smoking policies; the College Smoking Policy shall govern all College-controlled spaces.

Where individuals choose to smoke on third party property adjacent to College owned, leased and/or occupied buildings, property and/or grounds, such individuals shall show courtesy and consideration for others and be respectful of both this Policy and any third party rules, requirements and policies.

Smoking in any vehicle, including, but not limited to, fleet vehicles, patrol vehicles or otherwise, operated by the College is prohibited. Smoking in private vehicles but on College property remains prohibited.

It is illegal to sell or supply tobacco to persons under 18 years of age and cannabis to persons under 19 years of age. The sale of cannabis is not permitted at the College. The sale of tobacco, tobacco products and electronic cigarettes will be available at limited locations as approved by the College.

Smoking is not permitted in student residences.

The cultivation of cannabis plants is prohibited in College property and in student residences.

Subject to approved medical accommodation, the use or consumption of cannabis or cannabis-containing products by College employees (faculty, staff and contractors) during working hours is prohibited.

5. Permitted Exceptions

Nothing in this Smoking Policy restricts:

1. a person from using tobacco for smudging;
2. a person from supplying or offering to supply tobacco or a tobacco-related product to a person described in (i) above provided that the activity is carried out for a traditional Indigenous spiritual or cultural practice or ceremony, and in the College’s Sweat Lodge or other room or location with appropriate ventilation designated for such purposes.

Students, faculty, staff, contractors, visitors and volunteers who require medical accommodation that includes the use of medical cannabis, and who have been authorized by the College, may only smoke cannabis in a space designated by the College with appropriate ventilation, and must be prepared to provide supporting medical documentation in support of their request for accommodation.

6. Signage

The College shall ensure that a sufficient number of signs are conspicuously posted so as to clearly identify that smoking is prohibited as outlined in this Smoking Policy.

7. Responsibility

Everyone at the College is responsible for ensuring compliance with this College Smoking Policy.

Security Services may enforce the terms of this Smoking Policy and any failure to comply with the terms hereof may result in ejection from College property and disciplinary action in the case of students, faculty, staff, contractors, and volunteers.

8. Exceptions to This Policy

No exception may be made to this Policy without the consent of Safety and Health Services or other designated authority (Human Resources).