chapter 13
An Act to amend the Smoke-Free Ontario Act
Assented to June 9, 2016
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. Section 2 of the Smoke-Free Ontario Act is amended by adding the following subsection:
Prescribed products and substances
(2) This Act applies to prescribed products and substances, to the extent necessary for the implementation, application and enforcement of section 12.1, of any provision that refers to section 12.1 and of any related provision.
2. Section 10 of the Act is repealed and the following substituted:
Signs
10. The person who owns or occupies a place described in section 9 or 12.1 shall ensure that signs referring to the prohibition imposed by the relevant section are posted in accordance with the regulations.
3. Section 12 of the Act is amended by adding the following subsection:
Exception
(2) This section does not apply with respect to signs required under section 10 solely respecting a prohibition under section 12.1.
4. The Act is amended by adding the following section:
Prescribed Products and Substances
Prescribed products and substances
12.1 (1) No person shall smoke a prescribed product or substance or hold a lighted prescribed product or substance in,
(a) any enclosed public place;
(b) any enclosed workplace;
(c) any place or area mentioned or provided for in subsection 9 (2); or
(d) any place or area prescribed for the purposes of this section.
Protection for people under 16 years old in motor vehicles
(2) No person shall smoke a prescribed product or substance or have a lighted prescribed product or substance in a motor vehicle while another person who is less than 16 years old is present in the vehicle.
Employer obligations
(3) Every employer shall, with respect to an enclosed workplace or a place or area mentioned in subsection (1) over which the employer exercises control,
(a) ensure compliance with this section;
(b) give notice to each employee in an enclosed workplace, place or area of the prohibition under subsection (1) in a manner that complies with the regulations, if any;
(c) post any prescribed signs respecting the prohibition under subsection (1) throughout the enclosed workplace, place or area over which the employer has control, including washrooms, in the prescribed manner;
(d) ensure that a person who refuses to comply with subsection (1) does not remain in the enclosed workplace, place or area; and
(e) ensure compliance with any other prescribed obligations.
Proprietor obligations
(4) Every proprietor of an enclosed public place or a place or area mentioned in subsection (1) shall,
(a) ensure compliance with this section with respect to the enclosed public place, place or area;
(b) give notice to each person in the enclosed public place, place or area of the prohibition under subsection (1) in accordance with the regulations, if any;
(c) post any prescribed signs respecting the prohibition under subsection (1) throughout the enclosed public place, place or area, including washrooms, in the prescribed manner;
(d) ensure that a person who refuses to comply with subsection (1) does not remain in the enclosed public place, place or area; and
(e) ensure compliance with any other prescribed obligations.
Scientific research and testing facilities
(5) Subsection (1) does not apply to a person who smokes a prescribed product or substance or holds a lighted prescribed product or substance in a scientific research and testing facility for the purpose of conducting research or testing concerning the prescribed product or substance, and subsections (3) and (4) do not apply to an employer or a proprietor with respect to the research and testing carried on in such a facility.
Application of other provisions
(6) The following provisions apply with necessary modification, with respect to the application and enforcement of this section:
1. Subsections 9 (4) and (5).
2. Section 9.1.
Enforcement, subsection (2)
(7) Subsections 9.2 (2) to (4) apply, with necessary modification, with respect to the application and enforcement of subsection (2) of this section.
Definition
(8) In this section,
“proprietor” means the owner, operator or person in charge.
5. (1) Subsection 14 (2) of the Act is amended by adding the following clause:
(b.1) any place where it is prohibited to smoke a prescribed product or substance or hold a lighted prescribed product or substance under section 12.1;
(2) Clause 14 (8) (f) of the Act is amended by adding “or 12.1 (3)” after “subsection 9 (3)”.
(3) Clause 14 (8) (g) of the Act is amended by adding “or 12.1 (4)” after “subsection 9 (6)”.
6. (1) Subsection 15 (1) of the Act is amended by striking out “subsection 13 (4)” and substituting “subsection 12.1 (1), (3) or (4) or 13 (4)”.
(2) Subsection 15 (6.1) of the Act is amended by adding “or subsection 12.1 (2)” after “section 9.2”.
(3) Column 1 of the Table to section 15 of the Act is amended,
(a) by striking out “9 (1), 9 (2)” wherever it appears and substituting in each case “9 (1), 9 (2), 12.1 (1)”; and
(b) by striking out “9 (3), 9 (6)” wherever it appears and substituting in each case “9 (3), 9 (6), 12.1 (3), 12.1 (4)”.
7. (1) Clause 19 (1) (g) of the Act is amended by striking out “section 9” at the end and substituting “sections 9 and 12.1”.
(2) Subsection 19 (1) of the Act is amended by adding the following clauses:
(k) governing the application of section 12.1, including modifying the application of paragraph 7 of subsection 9 (2) as it applies to clause 12.1 (1) (c), and providing for exemptions from section 12.1 and making any exemptions subject to conditions;
(l) providing for how elements of an offence respecting a prescribed product or substance may be proved in a prosecution, including providing for presumptions that apply in the absence of evidence to the contrary.
Commencement
8. This Act comes into force on a day to be named by proclamation of the Lieutenant Governor.
Short title
9. The short title of this Act is the Smoke-Free Ontario Amendment Act, 2016.