Bill 157 received first reading on 16 November, 2017. The Cannabis Regulation Act, which amends the Tobacco Control Act, among other things, essentially prohibits cannabis smoking in the same places where tobacco use is prohibited.
Cannabis smoking is prohibited in all the following enclosed spaces:
- (1) facilities maintained by a health or social services institution governed by the Act respecting health services and social services or the Act respecting health services and social services for Cree Native persons (chapter S-5) and premises where the services of an intermediary resource governed by the Act respecting health services and social services are offered, except if the premises are situated in a private residence;
- (2) premises or buildings placed at the disposal of a post-secondary educational institution;
- (3) private residences where home childcare within the meaning of the Educational Childcare Act is provided, during the hours childcare is provided;
- (4) enclosed spaces where sports, recreational, judicial, cultural or artistic activities or conferences, conventions or other similar activities are held;
- (5) enclosed spaces where community or recreational activities intended for minors are held, except if the activities are held in a private residence;
- (6) enclosed spaces where the activities held may be attended only by persons explicitly or implicitly invited or authorized by the host, whether or not an admission fee is charged and regardless of the purpose of the activities, except if the activities are held in a private residence;
- (7) enclosed spaces used by a non-profit legal person or by an association, circle or club, whether a legal person or not, to which only members and their guests have access, except if the enclosed spaces are situated in a private residence;
- (8) the common areas of residential buildings comprising two or more dwellings;
- (9) the common areas of private seniors’ residences within the meaning of the second paragraph of section 346.0.1 of the Act respecting health services and social services;
- (10) palliative care hospices and places where prevention, assistance and support services, including temporary lodging services, are offered to persons in distress or in need of assistance, except if the services are offered in a private residence;
- (11) tourist accommodation establishments governed by the Tourist Accommodation Establishments Act (chapter E-14.2) and the buildings of outfitting operations within the meaning of the Act respecting the conservation and development of wildlife (chapter C-61.1) and the Act respecting hunting and fishing rights in the James Bay and New Québec territories (chapter D-13.1);
- (12) specially set up enclosed spaces where meals for consumption on the premises are ordinarily offered to the public in return for remuneration;
- (13) establishments operating under a public house, tavern or bar permit within the meaning of the Act respecting liquor permits (chapter P-9.1);
- (14) bingo halls;
- (15) workplaces, except workplaces situated in a private residence;
- (16) means of public transportation, taxis and other vehicles carrying two or more persons that must be used in the course of employment; and
- (17) all other enclosed spaces to which the public has admittance.
A closed smoking room where cannabis smoking is permitted may be set up in the following enclosed spaces:
- (1) facilities maintained by a health or social services institution and premises where the services of an intermediate resource are offered;
- (2) the common areas of residential buildings comprising two or more dwellings;
- (3) the common areas of private seniors’ residences; and
- (4) palliative care hospices and places where prevention, assistance and support services are offered to persons in distress or in need of assistance.
If a closed smoking room has already been set up in such premises under section 3 of the Tobacco Control Act (chapter L-6.2), that smoking room is the only one that may be used for cannabis use. The smoking room must be used only for cannabis use and, if applicable, tobacco use. It must be used only by persons living or lodged in the place. The smoking room must also be delimited by floor-to-ceiling partitions or walls so as to be fully enclosed, and must be equipped with a ventilation system that maintains negative air pressure at all times and exhausts smoke directly to the outside of the building. In addition, the smoking room door must be equipped with a properly functioning self-closing device. The Government may, by regulation, determine other standards relating to the construction or set-up and the ventilation system of smoking rooms.
Rooms where cannabis smoking is permitted may be identified in the following enclosed spaces:
- (1) facilities maintained by a health or social services institution and premises where the services of an intermediate resource are offered; and
- (2) palliative care hospices and temporary lodging facilities where prevention, assistance and support services are offered to persons in distress or in need of assistance. Only persons admitted to or lodged in those places may smoke in such rooms.
The number of rooms where cannabis smoking is permitted may not exceed 20% of the rooms available for all the clientele. Furthermore, the rooms where smoking is permitted must be grouped together so as to provide maximum protection to non-smokers given the total floor space, use and ventilation of the premises. If rooms have already been identified for tobacco use under the second paragraph of section 5 of the Tobacco Control Act, they must be the first ones identified for cannabis use.
The operator of a place referred to in the first paragraph may set certain conditions for cannabis use in a room where smoking is permitted or prohibit a person from smoking in such a room if the operator has reasonable grounds to believe that the person’s cannabis use would pose a threat to the person’s own safety or the safety of others.
A room where cannabis smoking is permitted for research purposes may be set up in a research centre operated by
- (1) a health or social services institution;
- (2) a college- or university-level educational institution;
- (3) a commercial cannabis producer; or
- (4) a legal person that is a mandatary of the State and that participates in research activities in the field of health and social services.
The Government may, by regulation, determine other places where it is permitted to set up such a room. Only persons who are research subjects may smoke in the room as part of research.
In addition, cannabis smoking is also prohibited
- (1) in bus shelters;
- (2) in tents, under big tops and in other similar facilities that are put up temporarily or permanently and are open to the public;
- (3) on the grounds of a health or social services institution;
- (4) on grounds where buildings placed at the disposal of a post-secondary educational institution are situated;
- (5) on terraces and in other outdoor areas operated as part of a commercial activity and set up for rest, relaxation or the consumption of products;
- (6) in outdoor play areas intended for children that are open to the public, including splash pads, wading pools and skateparks;
- (7) on sports fields and playgrounds, including areas reserved for spectators, that are frequented by minors and open to the public; and
- (8) on the grounds of day camps and vacation camps as well as at skating rinks and outdoor pools that are frequented by minors and open to the public.
That prohibition also applies within a nine-metre radius from
- (1) any part of the perimeter of a place referred to in subparagraph 6 of the first paragraph; and
- (2) any door, air vent or openable window of an enclosed space referred to in the first paragraph of section 11, except the places referred to in subparagraphs 8, 9 and 16 of that paragraph.
However, if the nine-metre radius or a portion of that radius exceeds the boundaries of the grounds on which the place referred to in the second paragraph is situated, smoking is prohibited only up to those boundaries. The Government may, by regulation, determine other places where smoking is prohibited.
Products Included
Cannabis, Electronic Smoking Devices, Waterpipes
Definitions
“To smoke” and “smoking” also apply to the use of a pipe, a bong, an electronic cigarette or any other device of that nature.
Places Smoking Prohibited
Child daycare and pre-school grounds
Doorways, air intakes, operable windows
E-cigarettes (indoors)
E-cigarettes (outdoors)
Enclosed public places
Enclosed workplaces
Hospital Grounds
Outdoor Events
Patios – Restaurants and Bars
Playgrounds, which may include Splash Pads and Wading Pools
Post-secondary Education Campuses
School property
Sports and Recreational Fields and Facilities
Transit Shelters/Stops
Waterpipes (indoors)
Waterpipes (outdoors)
Buffer Zones
Child daycare and pre-school grounds – 1-10 m
Doorways, Air Intakes and Operable Windows – Buffer Zone 1-10 m
Policy Analysis
Reasons why this bill is considered leading edge include the following:
- It prohibits the smoking of cannabis in various outdoor spaces, including bus shelters, playgrounds, sports fields, day camps and vacation camps, on the grounds of health and social service institutions including hospitals and post-secondary schools, and in tents and other temporary accommodations set up for outdoor events;
- It is the only province to prohibit smoking in temporary guest accommodations (hotels, motels, inns, etc.) –no more than 20% of rooms can be designated for smoking, and those rooms must be contiguous;
- Smoking cannabis is prohibited within 9 m of any door, air intake or operable window leading to enclosed spaces that are open to the public.
However, it is unfortunate that for private residences where children’s daycare services that are offered, smoking is only prohibited during the times that children are present.
Enforcement
In penal proceedings for a contravention of the first or second paragraph, evidence that a person was smoking using an accessory ordinarily used for smoking cannabis, or that a person was smoking and, while they were doing so, an odour of cannabis was being released from the product being consumed, is sufficient to establish that the person was smoking cannabis, unless they provide evidence to the contrary to the effect that the product smoked was not cannabis.
Date Passed:
Date in Force:
Date Last Amended:
Leading Edge: Yes
Level of Government: Provincial/Territorial
Smoke-free Ontario Act Status: Exceeds Smoke-free Ontario Act
Bylaw Under Development? Yes
Supporting Information
Please find contact information related to this bylaw, and links to supporting materials.
