9 (1) No person shall permit a vending machine for selling or dispensing electronic cigarettes to be in a place that the person owns or occupies. Exceptions (2) Subsection (1) does not apply with respect to a vending machine, (a) that does not contain electronic cigarettes and, (i) is in a place to which the public does not have access, or (ii) is inoperable; or (b) that contains electronic cigarettes but is only operable by a retailer or an employee of a retailer. Note: Subsections 10 (1) to (3) come into force on a day to be named by proclamation of the Lieutenant Governor. Prohibition 10 (1) No person shall use an electronic cigarette in any enclosed public place or enclosed workplace. Other prohibitions (2) No person shall use an electronic cigarette in the following places or areas: 1. A school as defined in the Education Act. 2. A building or the portion of a building occupied by a private school as defined in the Education Act
and the grounds surrounding the building of a private school, in cases where a private school is the only occupant of the premises, and the grounds annexed to a private school, in cases where a private school is not the only occupant of the premises. 3. Any common area in a condominium, apartment building or university or college residence, including, without being limited to, elevators, hallways, parking garages, party or entertainment rooms, laundry facilities, lobbies and exercise areas. 4. A day nursery within the meaning of the Day Nurseries Act. 5. A place where private-home day care is provided within the meaning of the Day Nurseries Act, whether or not children are present. Note: On the later of the day this section comes into force and August 31, 2015, the day that the Statutes of Ontario, 2014, chapter 11, Schedule 2 comes into force, paragraphs 4 and 5 are repealed and the following substituted: (See: 2015, c. 7, s. 18 (3)) 4.  A child care centre within the meaning of the
Child Care and Early Years Act, 2014. 5.  A place where home child care is provided within the meaning of the Child Care and Early Years Act, 2014, whether or not children are present. 6. The reserved seating area of a sports arena or entertainment venue. 7. A prescribed place or area. Employer obligations (3) Every employer shall, with respect to an enclosed workplace, place or area mentioned in subsection (2) 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 that use of electronic cigarettes is prohibited in the enclosed workplace, place or area in a manner that complies with the regulations, if any; (c) post and maintain the prescribed signs, in the prescribed manner; (d) ensure that a person who refuses to comply with subsection (1) or (2) does not remain in the enclosed workplace, place or area; and (e) ensure compliance with any other prescribed obligations. Prohibition (4) No employer or person acting on behalf of an employer shall take any of the following actions against an employee because the employee has acted in accordance with or has sought the enforcement of this Act: 1. Dismissing or threatening to dismiss the employee. 2. Disciplining or suspending the employee, or threatening to do so. 3. Imposing a penalty upon the employee. 4. Intimidating or coercing the employee. Complaint (5) The Lieutenant Governor in Council may make regulations specifying the procedure that applies where an employee complains that subsection (4) has not been complied with, including the provisions of another Act or any regulations that apply, with necessary modifications. Note: Subsections 10 (6) to (8) come into force on a day to be named by proclamation of the Lieutenant Governor. Proprietor obligations (6) Every proprietor of an enclosed public place, place or area mentioned in subsection (2) 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 that use of electronic cigarettes is prohibited in the enclosed public place, place or area in accordance with the regulations, if any; (c) post and maintain the prescribed signs, in the prescribed manner; (d) ensure that a person who refuses to comply with subsection (1) or (2) 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 (7) Subsection (1) does not apply to a person who uses an electronic cigarette in a scientific research and testing facility for the purpose of conducting research or testing concerning electronic cigarettes, and subsections (3) and (6) do not apply to a proprietor or employer with respect to the research and testing carried on in such a facility. Definition (8) In this section, “proprietor” means the owner, operator or person in charge. Note: Sections 11 and 12 come into force on a day to be named by proclamation of the Lieutenant Governor. Protection for home health-care workers 11 (1) Every home health-care worker has the right to request a person not to use an electronic cigarette in his or her presence while he or she is providing health-care services. Right to leave (2) Where a person refuses to comply with the request not to use an electronic cigarette, the home health-care worker has the right to leave without providing any further services, unless to do so would present an immediate serious danger to the health of any person. Restriction (3) A home health-care worker who has exercised his or her right to leave shall comply with any procedures set out in the regulations. Regulations (4) The Lieutenant Governor in Council may make regulations setting out procedures that must be followed if a home health-care worker has exercised his or her right to leave. Definition (5) In this section, “home health-care worker” means a person who provides health-care services in private homes, that is provided or arranged by, (a) a community care access corporation within the meaning of the Community Care Access Corporations Act, 2001, or Note: On the later of the day subsection 11 (5) of the Electronic Cigarettes Act, 2015 comes into force and the day section 34 of the Patients First Act, 2016
comes into force, clause (a) of the definition of “home health-care worker” in subsection 11 (5) of the Act is repealed. (See: 2016, c. 30, s. 35 (1)) (a.1) a local health integration network as defined in section 2 of the Local Health System Integration Act, 2006, or (b) an entity that receives funding from the Ministry of Health and Long-Term Care or a local health integration network as defined in section 2 of the Local Health System Integration Act, 2006. 2016, c. 30, s. 35 (2). Section Amendments with date in force (d/m/y) 2016, c. 30, s. 35 (1) - not in force; 2016, c. 30, s. 35 (2)
- 01/11/2017 Protection for people under 16 years old in motor vehicles 12 (1) No person shall use an electronic cigarette or have an activated electronic cigarette in a motor vehicle while another person who is less than 16 years old is pres­ent in the vehicle. Proof of age (2) In a prosecution under this section, a court may find evidence that the person enforcing this section honestly and reasonably believed another person to be less than 16 years old to be sufficient proof of the other person’s age. Enforcement (3) Despite section 13, this section shall be enforced by police officers. Definition (4) In this section, “motor vehicle” means, subject to the regulations, a motor vehicle as defined in subsection 1 (1) of the Highway Traffic Act.