P-38.01 - Act respecting the protection of non-smokers in certain public places

Updated to 1 December 1999

This document has official status.

chapter P-38.01

Act respecting the protection of non-smokers in certain public places

CHAPTER I APPLICATION AND INTERPRETATION

1. The object of this Act is to regulate the use of tobacco in certain public places with a view to ensuring better protection for the health and well-being of non-smokers.

1986, c. 13, s. 1.

2. In this Act, “smoking” means the fact of having lighted tobacco in one’s possession.

1986, c. 13, s. 2.

3. For the purposes of this Act, public bodies include government agencies, municipal bodies, school bodies and health and social services institutions.

For the purposes of this Act, the following persons and bodies are classified as public bodies: the Lieutenant-Governor, the National Assembly, any agency whose members are appointed by the National Assembly and any person appointed by the National Assembly to a position coming under its authority, together with the personnel under that person’s direction.

1986, c. 13, s. 3; 1992, c. 21, s. 375.

4. Government agencies include the Government, the Conseil exécutif, the Conseil du trésor, the departments, the agencies not referred to in section 5, 6 or 7 to which the Government or a minister appoints the majority of the members, to which, by law, the personnel is appointed or remunerated in accordance with the Public Service Act (chapter F-3.1.1) or whose capital stock forms part of the domain of the State.

For the purposes of this Act, the following bodies are classified as government agencies: the regional health and social service councils established under the Act respecting health services and social services for Cree Native persons (chapter S-5), the regional health and social services boards established under the Act respecting health services and social services (chapter S-4.2) and the Corporation d’hébergement du Québec.

1986, c. 13, s. 4; 1992, c. 21, s. 258; 1994, c. 23, s. 23; 1999, c. 40, s. 230.1999, c. 34, s. 53.

5. Municipal bodies include municipalities and urban communities and the bodies established as agencies of those municipalities or communities or otherwise coming under their authority.

1986, c. 13, s. 5; 1990, c. 85, s. 123; 1996, c. 2, s. 786.

6. School bodies include the school boards, the schools, vocational training centres and adult education centres governed by the Education Act (chapter I-13.3) or the Education Act for Cree, Inuit and Naskapi Native Persons (chapter I-14), the Conseil scolaire de l’île de Montréal, institutions whose instructional program is the subject of an international agreement within the meaning of the Act respecting the Ministère des Relations internationales (chapter M-25.1.1), the general and vocational colleges, and the Université du Québec and its constituent universities, research institutes and superior schools.

School bodies also include the institutions accredited for purposes of subsidies under the Act respecting private education (chapter E-9.1) and institutions of higher education of which more than one-half of the operating expenditures are paid out of appropriations shown in the budget estimates laid before the National Assembly.

1986, c. 13, s. 6; 1988, c. 84, s. 666; 1989, c. 17, s. 11; 1992, c. 68, s. 156, s. 157; 1994, c. 15, s. 33; 1996, c. 21, s. 70; 1997, c. 96, s. 192.

7. Health and social services institutions include public institutions governed by the Act respecting health services and social services (chapter S-4.2) and private institutions under agreement within the meaning of that Act which operate a hospital centre or a residential and long-term care centre.

They also include public institutions governed by the Act respecting health services and social services for Cree Native persons (chapter S-5).

1986, c. 13, s. 7; 1992, c. 21, s. 259; 1994, c. 23, s. 23.

CHAPTER II PROTECTION OF NON-SMOKERS

DIVISION I PUBLIC BODIES

8. In premises occupied by a government agency, a municipal body, a school body or any agency or body referred to in the second paragraph of section 3 of which the agency or body is the owner or lessee, smoking is prohibited

(1)  in a room or at a counter intended to provide services to persons who may be on the premises;

(2)  in a library, a laboratory, a conference room, a classroom, or in a room where a seminar is being conducted;

(3)  in an elevator;

(4)  in any area designated by the person who is the highest authority within the public body.

1986, c. 13, s. 8.

9. Smoking is prohibited in premises occupied by a health and social services institution.

Notwithstanding the foregoing, the prohibition does not apply to

(1)  quarters restricted to the personnel;

(2)  a smoking room;

(3)  any area designated by the person who is the highest authority within the institution.

1986, c. 13, s. 9; 1992, c. 21, s. 375.

10. A public body required by law to produce an annual report of activities shall, under a special heading, report on the application of this Act in the premises occupied by it.

In the report of the activities of his department that the Minister of the Environment tables every year before the National Assembly, the Minister shall present an assessment of the application of this Act by all public bodies.

1986, c. 13, s. 10; 1994, c. 17, s. 75; 1999, c. 36, s. 158.

11. The person who is the highest authority within a public body shall take every appropriate measure to ensure that this Act is enforced in premises occupied by the public body.

The person contemplated in the first paragraph may, in writing and to the extent he indicates, delegate his functions to persons holding office within the public body.

1986, c. 13, s. 11.

DIVISION II PUBLIC TRANSPORTATION

12. Smoking is prohibited in ambulances, in subway cars or in buses used for the transportation of schoolchildren or handicapped persons, or in buses used for urban transportation or for transportation to and from airports.

1986, c. 13, s. 12.

13. The operator of an intercity or tourist transportation service by bus shall provide, in the vehicles used to provide that service, a section reserved for non-smokers that includes not less than 70% of the seats placed at the disposal of the public.

Smoking is prohibited in sections reserved for non-smokers.

From 1 January 1989, smoking is to be prohibited in any intercity bus covering a distance of 300 km or less.

This section does not apply to a transportation service by chartered bus where that service is reserved exclusively for the members of a determinate group of persons.

1986, c. 13, s. 13.

14. The operator of a transportation service by ferry-boat or train shall provide, on the ferry-boats or cars, a section reserved for non-smokers that includes not less than 50% of the seats placed at the disposal of the public.

Smoking is prohibited in sections reserved for non-smokers.

1986, c. 13, s. 14.

DIVISION III MISCELLANEOUS PLACES

15. Smoking is prohibited in enclosed premises used for religious, sports, judicial, cultural or artistic activities while those activities are in progress.

Notwithstanding the foregoing, smoking is permitted in premises referred to in the first paragraph when the activities are reserved exclusively for the members of a determinate group of persons.

1986, c. 13, s. 15.

16. Smoking is prohibited in premises used to provide child day care in day care centres, stop over centres or nursery schools or in school premises within the meaning of the Act respecting childcare centres and childcare services (chapter C-8.2).

1986, c. 13, s. 16; 1997, c. 58, s. 177.

17. Smoking is prohibited in the waiting room of the private consulting office of a health professional governed by the Professional Code (chapter C-26) or in a laboratory referred to in paragraph b of section 1 of the Public Health Protection Act (chapter P-35).

1986, c. 13, s. 17.

CHAPTER III POWERS AND DUTIES OF MUNICIPALITIES

18. Every local municipality shall see to the enforcement of the provisions of this Act within its territory, except as regards premises occupied by another public body.

1986, c. 13, s. 18.

19. A local municipality may, by by-law,

(1)  prohibit smoking in any other class of premises situated in its territory;

(2)  prescribe any other measure not contrary to this Act in relation to the protection of non-smokers and the posting of signs in that respect.

Chapters IV, V and VI of this Act apply to all premises contemplated in a regulation made under the first paragraph.

1986, c. 13, s. 19.

CHAPTER IV POSTING OF SIGNS

20. The occupant or operator, as the case may be, of premises where smoking is prohibited shall indicate such prohibition by means of a sign posted in a conspicuous place.

1986, c. 13, s. 20.

21. The operator of a transportation service by ferry-boat or by train or of an intercity or tourist transportation service by bus shall identify the section reserved for non-smokers by means of a sign posted in a conspicuous place.

1986, c. 13, s. 21.

22. No person may remove or damage any sign posted in accordance with the provisions of this Act.

1986, c. 13, s. 22.

CHAPTER V INSPECTION

23. For the application of this Act, the persons authorized to act as inspectors shall be

(1)  a peace officer;

(2)  a person authorized for that purpose by a municipality or, in the case of a public body, a person authorized by the person who is the highest authority within the public body.

1986, c. 13, s. 23.

24. An inspector may, to ascertain whether this Act or a by-law made under section 19 is being complied with, enter at any reasonable time any premises referred to in the Act or the by-law and inspect it.

1986, c. 13, s. 24.

25. The inspector shall, on request, identify himself and show a certificate attesting his capacity.

1986, c. 13, s. 25.

26. No person may hinder the action of an inspector in the performance of his duties.

1986, c. 13, s. 26.

CHAPTER VI PENAL PROVISIONS

1992, c. 61, s. 470.

27. Any person who contravenes any of sections 8, 9, 12, either of the second and third paragraphs of section 13, the second paragraph of section 14 or any of sections 15 to 17 is guilty of an offence and liable to a fine of not less than $20 nor more than $200.

1986, c. 13, s. 27.

28. Any person who contravenes the first paragraph of section 13 or 14, any of sections 20 to 22 or section 26 is guilty of an offence and liable to a fine of not less than $50 nor more than $1 000.

1986, c. 13, s. 28.

29. (Repealed).

1986, c. 13, s. 29; 1990, c. 4, s. 698.

30. (Repealed).

1986, c. 13, s. 30; 1992, c. 61, s. 471.

31. (Repealed).

1986, c. 13, s. 31; 1992, c. 61, s. 471.

32. (Repealed).

1986, c. 13, s. 32; 1992, c. 61, s. 471.

33. The absence of a sign to prohibit smoking in a place where smoking is prohibited constitutes a reasonable excuse that may be invoked by a person prosecuted for smoking in that place contrary to a provision of this Act or a regulation under section 19.

1986, c. 13, s. 33.

34. A local municipality may institute penal proceedings for an offence under a provision of this Act which is committed in its territory.

The fine belongs to the local municipality, where it instituted the penal proceedings.

1986, c. 13, s. 34; 1992, c. 61, s. 472.

35. Proceedings may be instituted by a local municipality before any Municipal Court having jurisdiction in the territory in which the contravention was committed.

The costs relating to proceedings instituted before a municipal court belong to the municipality under the jurisdiction of that court, except the part of the costs remitted to another prosecuting party by the collector under article 366 of the Code of Penal Procedure (chapter C-25.1), and the costs remitted to the defendant or imposed on that municipality under article 223 of the said Code.

1986, c. 13, s. 35; 1992, c. 61, s. 473.

CHAPTER VII FINAL PROVISIONS

36. The Minister of the Environment is responsible for the administration of this Act.

1986, c. 13, s. 36; 1994, c. 17, s. 75; 1999, c. 36, s. 158.

The Minister of Health and Social Services exercises the functions of the Minister of the Environment and Wildlife provided for in this Act. O.C. 132-96 of 96.01.29, (1996) 128 G.O. 2 (French), 1514.

37. (Omitted).

1986, c. 13, s. 37.

38. (Omitted).

1986, c. 13, s. 38.

REPEAL SCHEDULE

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 13 of the statutes of 1986, in force on 1 March 1987, is repealed, except section 38, effective from the coming into force of chapter P-38.01 of the Revised Statutes.

This Act will be repealed upon the coming into force of section 76 of chapter 33 of the statutes of 1998 on 17 December 1999 or on any earlier date fixed by order of the Government (1998, c. 33, s. 79).