12 If there is conflict between sections 9 and 10 of this Act and a provision of another Act, a regulation or a municipal by-law that deals with smoking, the provision that is more restrictive of smoking prevails, subject to subsection 13 (3). 1994, c. 10, s. 12. Note: On a day to be named by proclamation of the Lieutenant Governor, section 12 of the Act is amended by adding the following subsection: (See: 2016, c. 13, s. 3) Exception (2) This section does not apply with respect to signs required under section 10 solely respecting a prohibition under section 12.1. 2016, c. 13, s. 3. Section Amendments with date in force (d/m/y) 2016, c. 13, s. 3
- not in force Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by adding the following section: (See: 2016, c. 13, s. 4) Prescribed Products and Substances Prescribed products and substances 12.1 (1) No person shall smoke a prescribed product or substance or hold a lighted prescribed product or substance in, (a) any enclosed public place; (b) any enclosed workplace; (c) any place or area mentioned or provided for in subsection 9 (2); or (d) any place or area prescribed for the purposes of this section. 2016, c. 13, s. 4. Protection for people under 16 years old in motor vehicles (2) No person shall smoke a prescribed product or substance or have a lighted prescribed product or substance in a motor vehicle while another person who is less than 16 years old is present in the vehicle. 2016, c. 13, s. 4. Employer obligations (3) Every employer shall, with respect to an enclosed workplace or a place or area mentioned in subsection (1) 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 of the prohibition under subsection (1) in a manner that complies with the regulations, if any; (c) post any prescribed signs respecting the prohibition under subsection (1) throughout the enclosed workplace, place or area over which the employer has control, including washrooms, in the prescribed manner; (d) ensure that a person who refuses to comply with subsection (1) does not remain in the enclosed workplace, place or area; and (e) ensure compliance with any other prescribed obligations. 2016, c. 13, s. 4. Proprietor obligations (4) Every proprietor of an enclosed public place or a place or area mentioned in subsection (1) 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 of the prohibition under subsection (1) in accordance with the regulations, if any; (c) post any prescribed signs respecting the prohibition under subsection (1) throughout the enclosed public place, place or area, including washrooms, in the prescribed manner; (d) ensure that a person who refuses to comply with subsection (1) does not remain in the enclosed public place, place or area; and (e) ensure compliance with any other prescribed obligations. 2016, c. 13, s. 4. Scientific research and testing facilities (5) Subsection (1) does not apply to a person who smokes a prescribed product or substance or holds a lighted prescribed product or substance in a scientific research and testing facility for the purpose of conducting research or testing concerning the prescribed product or substance, and subsections (3) and (4) do not apply to an employer or a proprietor with respect to the research and testing carried on in such a facility. 2016, c. 13, s. 4. Application of other provisions (6) The following provisions apply with necessary modification, with respect to the application and enforcement of this section: 1. Subsections 9 (4) and (5). 2. Section 9.1. 2016, c. 13, s. 4. Enforcement, subsection (2) (7) Subsections 9.2 (2) to (4) apply, with necessary modification, with respect to the application and enforcement of subsection (2) of this section. 2016, c. 13, s. 4. Definition (8) In this section, “proprietor” means the owner, operator or person in charge. 2016, c. 13, s. 4. Section Amendments with date in force (d/m/y) 2016, c. 13, s. 4
- not in force Traditional Use of Tobacco by Aboriginal Persons