We believe all Canadians should be fully protected from the health hazards of second-hand smoke in all enclosed workplaces and public places. Only one province, Manitoba, has specifically excluded public places on reserves from provincial law. Normally provincial laws for occupational health and safety do apply on reserves. If it's a federally regulated sector--broadcasting, communications, grain elevators, banks, RCMP--that's not covered by provincial laws.
Second, a handful of band bylaws has been adopted to override provincial laws. As a lawyer, my respectful view is that those bylaws are illegal. Reserves have authority to adopt bylaws to protect the health of residents on reserves. When a bylaw says that a casino must have a smoking section, even if the casino management doesn't want one, that's not protecting the health of residents. Those bylaws should not be signed off, because there's no authority for those bylaws to be adopted.
The Non-smokers' Health Act applies to the federally regulated sector, but that has not been updated since 1989. So you may be a worker, in a federally regulated sector, in an office on the same floor, and all of the other provincially regulated employers are covered 100% smoke-free, but you may be exposed to second-hand smoke. It's time for an update by amending the act, amending the Canada Labour Code, or amending the regulations so that all workers are fully protected. That's something that members of Parliament from all parties I think could easily endorse.