9 (1) No person shall smoke tobacco or hold lighted tobacco in any enclosed public place or enclosed workplace.  2005, c. 18, s. 9. Other prohibitions (2) No person shall smoke or hold lighted tobacco in the following places or areas: 1. A school as defined in the Education Act. 2. A building or the grounds surrounding the building of a private school, where the private school is the only occupant of the premises, or the grounds annexed to a private school, where the 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 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. 5.1 A place where an early years program or service is provided within the meaning of the Child Care and Early Years Act, 2014. 6. The reserved seating area of a sports arena or entertainment venue. 7. A prescribed place or area. 2005, c. 18, s. 9; 2014, c. 11, Sched. 6, s. 8; 2017, c. 20, Sched. 11, s. 38. Employer obligations (3) Every employer shall, with respect to an enclosed workplace or a 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 or place or area that smoking is prohibited in the enclosed workplace, place or area in a manner that complies with the regulations, if any; (c) post any prescribed signs prohibiting smoking throughout the enclosed workplace, place or area over which the employer has control, including washrooms, in the prescribed manner; (d) ensure that no ashtrays or similar equipment remain in the enclosed workplace or place or area, other than a vehicle in which the manufacturer has installed an ashtray; (e) ensure that a person who refuses to comply with subsection (1) or (2) does not remain in the enclosed workplace or place or area; and (f) ensure compliance with any other prescribed obligations.  2005, c. 18, s. 9. 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.  2005, c. 18, s. 9. Complaint (5) The Lieutenant Governor in Council may make regulations specifying provisions of another Act or any regulations that apply, with necessary modifications, where an employee complains that subsection (4) has not been complied with.  2005, c. 18, s. 9. Proprietor obligations (6) Every proprietor of an enclosed public place or a 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 smoking is prohibited in the enclosed public place, place or area in accordance with the regulations, if any; (c) post any prescribed signs prohibiting smoking throughout the enclosed public place, place or area, including washrooms, in the prescribed manner; (d) ensure that no ashtrays or similar equipment remain in the enclosed public place, place or area, other than a vehicle in which the manufacturer has installed an ashtray; (e) 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 (f) ensure compliance with any other prescribed obligations.  2005, c. 18, s. 9. Exception, residential care facility (7) Subsection (1) does not apply to a person who smokes or holds lighted tobacco in an indoor room in a residence that also serves as an enclosed workplace if the conditions set out below are met, and the obligations under subsections (3) and (6) 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 maintenance of the room: 1. The residence is, i. a long-term care home within the meaning of the Long-Term Care Homes Act, 2007, ii., iii.  Repealed:  2007, c. 8, s. 227 (2). iv. a residential facility that is operated as a retirement home and that provides care, in addition to accommodation, to the residents of the home, or v. a supportive housing residence funded or administered through the Ministry of Health and Long-Term Care or the Ministry of Community and Social Services. 2. The room has been designated as a controlled smoking area. 3. A resident who desires to use the room must be able, in the opinion of the proprietor or employer, to smoke safely without assistance from an employee. An employee who does not desire to enter the room shall not be required to do so. 4. Smoking in the room is limited to residents of that facility. 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 smoking area by means of prescribed signs, displayed in the prescribed manner, and iii. meets any other prescribed requirements.  2005, c. 18, s. 9; 2007, c. 8, s. 227 (2). Psychiatric facility (8) Subsection (1) does not apply to a person who smokes or holds lighted tobacco in an indoor room in a psychiatric facility that also serves as an enclosed workplace if the conditions set out below are met, and the obligations under subsections (3) and (6) 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 maintenance of the room: 1. The psychiatric facility is designated in the regulations. 2. The room has been designated as a controlled smoking area. 3. A patient of the facility who desires to use the room must be able, in the opinion of the proprietor or employer, to smoke safely without assistance from an employee. An employee who does not desire to enter the room shall not be required to do so. 4. Smoking in the room is limited to patients of that facility. 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 smoking area by means of prescribed signs, displayed in the prescribed manner, and iii. meets any other prescribed requirements.  2005, c. 18, s. 9. Facilities for veterans (9) Subsection (1) does not apply to a person who smokes or holds lighted tobacco in an indoor room in a facility for veterans that also serves as an enclosed workplace if the conditions set out below are met, and the obligations under subsections (3) and (6) 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 maintenance of the room: 1. The facility for veterans is designated in the regulations. 2. The room has been designated as a controlled smoking area. 3. A resident of the facility who desires to use the room must be able, in the opinion of the proprietor or employer, to smoke safely without assistance from an employee. An employee who does not desire to enter the room shall not be required to do so. 4. Smoking in the room is limited to residents of that facility. 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 smoking area by means of prescribed signs, displayed in the prescribed manner, and iii. meets any other prescribed requirements.  2005, c. 18, s. 9. Hotels, motels, inns (10) Subsection (1) does not apply to a person who smokes or holds lighted tobacco in a guest room in a hotel, motel or inn if the conditions set out below are met, and subsections (3) and (6) 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 maintenance of 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 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 is prohibited by this Act. 5. The guest room conforms to any other prescribed requirements.  2005, c. 18, s. 9. Scientific research and testing facilities (11) Subsection (1) does not apply to a person who smokes or holds lighted tobacco in a scientific research and testing facility for the purpose of conducting research or testing concerning tobacco or tobacco products, 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.  2005, c. 18, s. 9. Definition (12) In this section, “proprietor” means the owner, operator or person in charge.  2005, c. 18, s. 9. Section Amendments with date in force (d/m/y) 2002, c. 8, Sched. P, s. 6 - 27/06/2002 2005, c. 18, s. 9
- 31/05/2006 2007, c. 8, s. 227 (2)
- 01/07/2010 2014, c. 11, Sched. 6, s. 8 - 31/08/2015 2017, c. 20, Sched. 11, s. 38 - 14/11/2017