1 (1) In this Act, “cannabis” has the same meaning as in subsection 2 (1) of the Cannabis Act (Canada); (“cannabis”) “commercial”, with respect to a product or substance regulated under this Act, means something done or prepared for the primary purpose of generating profits from its sale or use, directly or indirectly; (“commercial”) “electronic cigarette” means a vaporizer or inhalant-type device, whether called an electronic cigarette or any other name, that contains a power source and heating element designed to heat a substance and produce a vapour intended to be inhaled by the user of the device directly through the mouth, whether or not the vapour contains nicotine; (“cigarette électronique”) “employee” means a person who performs any work for or supplies any services to an employer, or a person who receives any instruction or training in the activity, business, work, trade, occupation or profession of an employer; (“employé”) “employer” includes an owner, operator, proprietor, manager, superintendent, overseer, receiver or trustee of an activity, business, work, trade, occupation, profession, project or undertaking who has control or direction of, or is directly or indirectly responsible for, the employment of a person in it; (“employeur”) “enclosed public place” means, (a) the inside of any place, building or structure or vehicle or conveyance, or a part of any of them, (i) that is covered by a roof, and (ii) to which the public is ordinarily invited or permitted access, either expressly or by implication, whether or not a fee is charged for entry, or (b) a prescribed place; (“lieu public clos”) “enclosed workplace” means, (a) the inside of any place, building or structure or vehicle or conveyance, or a part of any of them, (i) that is covered by a roof, (ii) that employees work in or frequent during the course of their employment whether or not they are acting in the course of their employment at the time, and (iii) that is not primarily a private dwelling, or (b) a prescribed place; (“lieu de travail clos”) “e-substance” means a substance that is manufactured or sold to be used in an electronic cigarette; (“substance servant à vapoter”) “flavoured tobacco product” includes a tobacco product that is represented as being flavoured, that contains a flavouring agent or that is presented by its packaging, by advertisement or otherwise as being flavoured; (“produit du tabac aromatisé”) “Minister” means the Minister of Health and Long-Term Care or such other member of the Executive Council as may be assigned the administration of this Act under the Executive Council Act; (“ministre”) “personal health information” has the same meaning as in the
Personal Health Information Protection Act, 2004; (“renseignements personnels sur la santé”) “prescribed” means prescribed by the regulations; (“prescrit”) “promote”, with respect to a product or substance regulated under this Act, means to use any commercial act or practice or to use any commercial communication, through any media or other means, that is intended to or is likely to, (a) encourage its purchase or use or the purchase or use of a particular brand, or (b) create an awareness of or an association with it, or with a brand or a manufacturer or seller; (“promouvoir”) “proprietor” means the owner, operator or person in charge; (“propriétaire”) “record” means any collection of information however recorded, whether in printed form, on film, by electronic means or otherwise and includes any data that is re­corded or stored on any medium in or by a computer system or similar device, as well as drawings, specifications or floor plans for an enclosed workplace; (“document”) “regulations” means the regulations made under this Act; (“règlements”) “tobacco product” means any product that contains tobacco, and includes the package in which tobacco is sold; (“produit du tabac”) “tobacco product accessory” means a product that may be used in the consumption of a tobacco product, including a humidor, pipe, cigarette holder, cigar clip, lighter and matches; (“accessoire pour produits du tabac”) “vapour product” means an electronic cigarette, an e-substance, or any component of an electronic cigarette and includes the package in which the electronic cigarette, e-substance or component is sold. (“produit de vapotage”) 2017, c. 26, Sched. 3, s. 1 (1); 2018, c. 12, Sched. 4, s. 1. Private dwelling (2) For greater certainty, and without restricting the generality of the expression, the following are primarily private dwellings for the purposes of the definition of “enclosed workplace” in subsection (1): 1. Private self-contained living quarters in any multi-unit building or facility. 2. Any other prescribed place. “Use”, electronic cigarettes (3) In this Act, “use”, with respect to electronic cigarettes, includes any of the following: 1. Inhaling vapour from an electronic cigarette. 2. Exhaling vapour from an electronic cigarette. 3. Holding an activated electronic cigarette. Section Amendments with date in force (d/m/y) 2018, c. 12, Sched. 4, s. 1 - 17/10/2018