PART III SPECIFIC MUNICIPAL POWERS
115.
115 (1) Without limiting sections 9, 10 and 11, a municipality may prohibit or regulate the smoking of tobacco or cannabis in public places and workplaces.  2001, c. 25, s. 115 (1); 2006, c. 32, Sched. A, s. 56 (1); 2018, c. 17, Sched. 27, s. 1 (1). Crown bound (2) A by-law under this section binds the Crown.  2001, c. 25, s. 115 (2). Restriction (3) A by-law under this section shall not apply to a highway but may apply to public transportation vehicles and taxicabs on a highway.  2001, c. 25, s. 115 (3). Scope of by-law (4) Without limiting sections 9, 10 and 11, a municipality, in a by-law passed under this section, may, (a)  define “public place” for the purpose of the by-law; (b)  require a person who owns, occupies or operates a place to which the by-law applies to post signs setting out such information relating to the smoking of tobacco or cannabis as is required by the by-law; (c)  establish the form and content of signs referred to in clause (b) and the place and manner in which the signs shall be posted; (d)  permit persons who own, occupy or operate a place to which the by-law applies to set aside an area that meets criteria set out in the by-law for the smoking of tobacco or cannabis within the place; (e)  establish criteria applicable to smoking areas in clause (d), including the standards for the ventilation of such areas; (f)  require areas set aside for the smoking of tobacco or cannabis in places to which the by-law applies to be identified as an area where the smoking of tobacco or cannabis is permitted; and (g)  require the owner or occupier of a public place, the employer of a workplace, other than a public transportation vehicle and a taxicab, or the owner or operator of a public transportation vehicle or a taxicab to ensure compliance with the by-law.  2001, c. 25, s. 115 (4); 2006, c. 32, Sched. A, s. 56 (2); 2018, c. 17, Sched. 27, s. 1 (1). Upper-tier municipality (5) A by-law passed by an upper-tier municipality under this section shall not come into force unless, (a)  a majority of all votes on the council of the upper-tier municipality are cast in its favour; (b)  after the by-law is passed, a majority of the councils of all its lower-tier municipalities have passed resolutions giving their consent to the by-law; and (c)  the total number of electors in the lower-tier municipalities that pass resolutions under clause (b) form a majority of all the electors in the upper-tier municipality.  2001, c. 25, s. 115 (5). Repeal (6) A by-law passed by an upper-tier municipality under this section is repealed if, (a)  after the by-law comes into force, a majority of its lower-tier municipalities rescind their resolutions under clause (5) (b) giving their consent to the by-law; and (b)  the total number of electors in the lower-tier municipalities that have rescinded resolutions form a majority of all electors in the upper-tier municipality.  2001, c. 25, s. 115 (6). (7), (8) Repealed:  2006, c. 32, Sched. A, s. 56 (3). Conflicts (9) If there is a conflict between a by-law passed by a lower-tier municipality under this section and a by-law passed by an upper-tier municipality under this section, the by-law that is the most restrictive of the smoking of tobacco or cannabis prevails.  2001, c. 25, s. 115 (9); 2018, c. 17, Sched. 27, s. 1 (1). Conflicts (10) Despite section 14, if there is a conflict between a provision of any Act or regulation and a provision of a by-law passed by a municipality under this section, the provision that is the most restrictive of the smoking of tobacco or cannabis prevails.  2001, c. 25, s. 115 (10); 2018, c. 17, Sched. 27, s. 1 (1). Definitions (11) In this section, “elector” means a person whose name appears on the voters’ list, as amended up until the close of voting on voting day, for the last regular election preceding the coming into force of a by-law under subsection (1) or the repeal of a by-law under subsection (6), as the case may be; (“électeur”) “workplace” includes a public transportation vehicle and a taxicab. (“lieu de travail”)  2001, c. 25, s. 115 (11); 2018, c. 17, Sched. 27, s. 1 (2). Application (12) For greater certainty, a reference in this section to the smoking of tobacco or cannabis includes, (a)  the holding of lighted tobacco or cannabis; and (b)  the consumption of tobacco or cannabis through the use of an electronic cigarette. 2018, c. 17, Sched. 27, s. 1 (3). Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 56 (1-3) - 01/01/2007 2018, c. 17, Sched. 27, s. 1 (1-3) - 06/12/2018