13 (1) Subsection 12 (1) does not apply to a person who smokes or holds lighted tobacco or cannabis or who uses an electronic cigarette in an indoor room in a residence that also serves as an enclosed workplace if the following conditions are met, and the obligations under sections 14 and 15 do not apply to a proprietor or employer with respect to such a room if the proprietor or employer complies with any prescribed requirements respecting the room: 1. The residence is, i. a long-term care home within the meaning of the Fixing Long-Term Care Act, 2021, ii. a residential facility that is operated as a retirement home and that provides care, in addition to accommodation, to the residents of the home, iii. a supportive housing residence funded or administered through the Ministry of Health and Long-Term Care or the Ministry of Children, Community and Social Services, iv. a psychiatric facility that is designated in the regulations, or v. a facility for veterans that is designated in the regulations. 2. The room has been designated as a controlled area for smoking tobacco or cannabis or for the use of electronic cigarettes, or for any or all of them, as the case may be. 3. A resident who desires to use the room must be able, in the opinion of the proprietor or employer, to do so safely without assistance from an employee. An employee who does not desire to enter the room shall not be required to do so. 4. Use of the room is limited to residents of the residence. 5. The room is an enclosed space that, i. is fitted with proper ventilation in compliance with the regulations, ii. is identified as a controlled area by means of prescribed signs, displayed in the prescribed manner, and iii. meets any other prescribed requirements. 2018, c. 12, Sched. 4, s. 5; 2021, c. 39, Sched. 2, s. 26 (2). Hotels, motels, inns (2) Subsection 12 (1) does not apply to a person who smokes or holds lighted tobacco or cannabis or who uses an electronic cigarette in a guest room in a hotel, motel or inn if the following conditions are met, and the obligations under sections 14 and 15 do not apply to a proprietor or employer with respect to a guest room described in paragraphs 2 to 5 if the proprietor or employer complies with any prescribed requirements respecting the guest room: 1. The person is a registered guest of the hotel, motel or inn, or the invited guest of a registered guest. 2. The guest room is designed primarily as sleeping accommodation. 3. The guest room has been designated as a guest room that accommodates smoking tobacco or cannabis or the use of electronic cigarettes, or any or all of them, as the case may be, by the management of the hotel, motel or inn. 4. The guest room is fully enclosed by floor-to-ceiling walls, a ceiling and doors that separate it physically from any adjacent area in which smoking or the use of electronic cigarettes is prohibited by this Act. 5. The guest room conforms to any other prescribed requirements. 2018, c. 12, Sched. 4, s. 5. Scientific research and testing facilities (3) Subsection 12 (1) does not apply to a person who smokes or holds lighted tobacco or cannabis or who uses an electronic cigarette in a scientific research and testing facility for the purpose of conducting research or testing concerning tobacco products, cannabis or vapour products, as the case may be, and the obligations under sections 14 and 15 do not apply to a proprietor or employer with respect to the research and testing carried on in such a facility. 2018, c. 12, Sched. 4, s. 5. Hospices, other facilities (4) Subsection 12 (1) does not apply to a person who smokes or holds lighted cannabis or who uses an electronic cigarette in a hospice that complies with the prescribed requirements or in another prescribed facility, as long as any requirements provided for in the regulations are complied with. 2018, c. 12, Sched. 4, s. 5. Section Amendments with date in force (d/m/y) 2018, c. 12, Sched. 4, s. 5 - 17/10/2018 2021, c. 39, Sched. 2, s. 26 (2) - 11/04/2022