The Non-Smokers Health Act affects almost 650,000 workers in about 26,700 workplaces under federal jurisdiction and approximately 240,000 employees of the Public Service of Canada. a ) (i) There is no estimate of the number or percentage of federally regulated workers who are exposed to environmental
tobacco smoke resulting from smoking where smoking is permitted and ( a ) (ii) where smoking is not permitted. b ) Under the UI act, ``just cause'' for voluntarily leaving an employment exists where, having regard to all the circumstances, the claimant had no reasonable alternative to leaving employment.
Working conditions that constitute a danger to health or safety is one of the 13 specific circumstances identified by the legislation that may constitute just cause for voluntarily leaving employment.
Before leaving the employment, a reasonable alternative for the person working in such a place would be to report the situation to the employer and/or the union so that the situation can be remedied within a reasonable period of time. If the situation still does not improve and the working conditions likely affect his or her health, a person could reasonably prove his or her point by means of a medical certificate or other similar document. c ) (i) The national statistics at our disposal reveal that from April 1, 1990 to March 31, 1995, there were 144 inspections and 467 complaint investigations conducted under the Non-smokers Health Act. c ) (ii) Until the Contraventions Act (Bill C-46) is proclaimed, issuing warnings or initiating prosecutions are the only alternatives to ``ticketing'' an individual for non-compliance. To this end, labour branch officials ask the employer or employee to sign an assurance of voluntary compliance (AVCs), by which they make the commitment to cease the contravention within a specified period of time. Failure to do so can lead to prosecution. From April 1, 1990 to March 31, 1995, a total of 156 AVCs have been received by safety officers and no prosecutions have been initiated.