Employers in British Columbia aren’t legally required to give employees smoke breaks. They can decide whether to allow smoking or vaping breaks during the workday and set rules about when and where employees can take them.
However, employees are entitled to a 30-minute meal break before working more than five consecutive hours. You can use that break to smoke or vape in a permitted location.
💡 Know Your Rights: Smoke breaks aren’t mandatory in BC. Your employer can restrict them, but must still provide legally required meal breaks.
On This Page
- Are Smoke Breaks Required?
- Are Smoke Breaks Paid?
- Workplace Smoking Rules
- Vaping Breaks
- Frequently Asked Questions
Are Employees Entitled to Smoke Breaks in BC?
No. BC employment law doesn’t require employers to provide cigarette or smoking breaks.
Your employer can:
- Limit smoking breaks to scheduled break times
- Require permission before leaving work to smoke
- Restrict smoking and vaping on company property
- Apply reasonable workplace rules to smoking breaks
If your employment agreement or workplace policy provides smoke breaks, your employer must respect applicable contractual obligations.
For the rules covering meal breaks, coffee breaks and rest periods, see our Breaks at Work in BC guide.
Are Smoke Breaks Paid in BC?
Employers don’t have to provide paid smoke breaks. Whether an authorized smoking break is paid depends on your workplace agreement, policies and whether the time counts as working time.
Your employer can require smoking breaks to be taken during your unpaid meal break.
However, if you’re required to work or remain available for work during a meal break, that meal break must count as paid working time.
Can Your Employer Ban Smoking at Work in BC?
Yes. Employers can prohibit smoking at work and establish smoke-free workplace policies.
BC law also prohibits smoking and vaping in most enclosed workplaces, including offices, stores and work vehicles.
Smoking and vaping are normally prohibited within six metres of workplace doorways, windows and air intakes. Some municipalities have stricter rules.
Employers can require employees to use designated outdoor locations that comply with these restrictions.
Are Employees Entitled to Vaping Breaks in BC?
No. Employers aren’t required to provide separate vaping breaks.
The same workplace break rules apply to employees who vape and those who smoke cigarettes.
Employers can restrict when employees vape and where vaping is permitted, including banning vaping on workplace property.
Smoke Breaks BC: Frequently Asked Questions
How Many Smoke Breaks Are Employees Allowed in BC?
There is no legally required number of smoke breaks. Your employer can determine whether additional breaks are allowed.
Can Your Employer Refuse Smoke Breaks?
Yes. Employers can refuse additional smoking breaks, provided they respect employees’ legal meal-break rights and applicable agreements.
Can You Smoke During Your Lunch Break?
Yes, provided you’re in a location where smoking is permitted. Your employer can restrict smoking on company property.
Can Your Employer Make You Clock Out for a Smoke Break?
An employer can require genuinely off-duty smoking breaks to be unpaid, subject to your employment agreement and workplace policies. They must still pay for all time that counts as work.
Can You Be Fired for Taking Unauthorized Smoke Breaks?
Unauthorized breaks can lead to discipline. Whether misconduct justifies dismissal without severance depends on its seriousness and the circumstances. An employer can’t automatically avoid paying severance because you took an unauthorized smoke break.
Do Non-Smokers Get Extra Breaks if Smokers Do?
BC law doesn’t automatically require equal additional breaks for smokers and non-smokers. Your employer must still follow employment agreements and applicable human rights laws.
Know Your Employment Rights in BC
Employers can establish workplace smoking rules, but employees still have rights involving wages, discipline and termination.
If you’ve been fired or forced to resign, the BC employment lawyers at Samfiru Tumarkin LLP help non-unionized employees understand their wrongful dismissal and severance pay rights.
Your severance could reach up to 24 months’ pay. Use our Severance Pay Calculator to estimate what you’re owed.
Before you sign, always check first.
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