C-5.3 - Cannabis Regulation Act

Section 12 Disposition versions

2022-09-01

12. Subject to sections 13 to 15, cannabis smoking is prohibited in all the following enclosed spaces:

(1)  facilities maintained by a health or social services institution governed by the Act respecting health services and social services (chapter S-4.2) or the Act respecting health services and social services for Cree Native persons (chapter S-5) and premises where the services of an intermediary resource governed by the Act respecting health services and social services are offered, except if the premises are situated in a private residence;

(2)  (paragraph repealed);

(3)  private residences where home childcare services are provided, regardless of whether the educational childcare providers are recognized home educational childcare providers under the Educational Childcare Act (chapter S-4.1.1), during the hours childcare is provided;

(4)  enclosed spaces where sports, recreational, judicial, cultural or artistic activities or conferences, conventions or other similar activities are held;

(5)  enclosed spaces where community or recreational activities intended for persons under 21 years of age are held, except if the activities are held in a private residence;

(6)  enclosed spaces where the activities held may be attended only by persons explicitly or implicitly invited or authorized by the host, whether or not an admission fee is charged and regardless of the purpose of the activities, except if the activities are held in a private residence;

(7)  enclosed spaces used by a non-profit legal person or by an association, circle or club, whether a legal person or not, to which only members and their guests have access, except if the enclosed spaces are situated in a private residence;

(8)  the common areas of residential buildings comprising two or more dwellings;

(9)  the common areas of private seniors’ residences within the meaning of the second paragraph of section 346.0.1 of the Act respecting health services and social services;

(10)  palliative care hospices and places where prevention, assistance and support services, including temporary lodging services, are offered to persons in distress or in need of assistance, except if the services are offered in a private residence;

(11)  tourist accommodation establishments governed by the Tourist Accommodation Act (chapter H-1.01) and the buildings of outfitting operations within the meaning of the Act respecting the conservation and development of wildlife (chapter C-61.1) and the Act respecting hunting and fishing rights in the James Bay and New Québec territories (chapter D-13.1);

(12)  specially set up enclosed spaces where meals for consumption on the premises are ordinarily offered to the public in return for remuneration;

(13)  establishments operating under a bar permit within the meaning of the Act respecting liquor permits (chapter P-9.1);

(14)  casinos, bingo halls and other gambling facilities;

(15)  workplaces, except workplaces situated in a private residence;

(16)  means of shared transportation and other means of transportation used in the course of employment; and

(17)  all other enclosed spaces that are open to the public.

Anyone who contravenes the first paragraph commits an offence and is liable to a fine of $500 to $1,500. In addition, anyone who smokes in an enclosed space referred to in the first paragraph of section 8 or a regulation made under the second paragraph of that section commits an offence and is liable to a fine of $750 to $2,250. Those amounts are doubled for a subsequent offence.

In penal proceedings for a contravention of the first or second paragraph, evidence that a person was smoking using an accessory ordinarily used for smoking cannabis, or that a person was smoking and, while they were doing so, an odour of cannabis was being released from the product being consumed, is sufficient to establish that the person was smoking cannabis, unless they provide evidence to the contrary showing that the product smoked was not cannabis.

2018, c. 19, s. 19; 2019, c. 21, s. 5; 2022, c. 9, s. 97; 2021, c. 30, s. 45.

2022-04-12

12. Subject to sections 13 to 15, cannabis smoking is prohibited in all the following enclosed spaces:

(1)  facilities maintained by a health or social services institution governed by the Act respecting health services and social services (chapter S-4.2) or the Act respecting health services and social services for Cree Native persons (chapter S-5) and premises where the services of an intermediary resource governed by the Act respecting health services and social services are offered, except if the premises are situated in a private residence;

(2)  (paragraph repealed);

(3)  private residences where home childcare services are provided, regardless of whether the educational childcare providers are recognized home educational childcare providers under the Educational Childcare Act (chapter S-4.1.1), during the hours childcare is provided;

(4)  enclosed spaces where sports, recreational, judicial, cultural or artistic activities or conferences, conventions or other similar activities are held;

(5)  enclosed spaces where community or recreational activities intended for persons under 21 years of age are held, except if the activities are held in a private residence;

(6)  enclosed spaces where the activities held may be attended only by persons explicitly or implicitly invited or authorized by the host, whether or not an admission fee is charged and regardless of the purpose of the activities, except if the activities are held in a private residence;

(7)  enclosed spaces used by a non-profit legal person or by an association, circle or club, whether a legal person or not, to which only members and their guests have access, except if the enclosed spaces are situated in a private residence;

(8)  the common areas of residential buildings comprising two or more dwellings;

(9)  the common areas of private seniors’ residences within the meaning of the second paragraph of section 346.0.1 of the Act respecting health services and social services;

(10)  palliative care hospices and places where prevention, assistance and support services, including temporary lodging services, are offered to persons in distress or in need of assistance, except if the services are offered in a private residence;

(11)  tourist accommodation establishments governed by the Tourist Accommodation Establishments Act (chapter E-14.2) and the buildings of outfitting operations within the meaning of the Act respecting the conservation and development of wildlife (chapter C-61.1) and the Act respecting hunting and fishing rights in the James Bay and New Québec territories (chapter D-13.1);

(12)  specially set up enclosed spaces where meals for consumption on the premises are ordinarily offered to the public in return for remuneration;

(13)  establishments operating under a bar permit within the meaning of the Act respecting liquor permits (chapter P-9.1);

(14)  casinos, bingo halls and other gambling facilities;

(15)  workplaces, except workplaces situated in a private residence;

(16)  means of shared transportation and other means of transportation used in the course of employment; and

(17)  all other enclosed spaces that are open to the public.

Anyone who contravenes the first paragraph commits an offence and is liable to a fine of $500 to $1,500. In addition, anyone who smokes in an enclosed space referred to in the first paragraph of section 8 or a regulation made under the second paragraph of that section commits an offence and is liable to a fine of $750 to $2,250. Those amounts are doubled for a subsequent offence.

In penal proceedings for a contravention of the first or second paragraph, evidence that a person was smoking using an accessory ordinarily used for smoking cannabis, or that a person was smoking and, while they were doing so, an odour of cannabis was being released from the product being consumed, is sufficient to establish that the person was smoking cannabis, unless they provide evidence to the contrary showing that the product smoked was not cannabis.

2018, c. 19, s. 19; 2019, c. 21, s. 5; 2022, c. 9, s. 97.

2019-11-01

12. Subject to sections 13 to 15, cannabis smoking is prohibited in all the following enclosed spaces:

(1)  facilities maintained by a health or social services institution governed by the Act respecting health services and social services (chapter S-4.2) or the Act respecting health services and social services for Cree Native persons (chapter S-5) and premises where the services of an intermediary resource governed by the Act respecting health services and social services are offered, except if the premises are situated in a private residence;

(2)  (paragraph repealed);

(3)  private residences where home childcare services are provided, regardless of whether the childcare providers are recognized home childcare providers under the Educational Childcare Act (chapter S-4.1.1), during the hours childcare is provided;

(4)  enclosed spaces where sports, recreational, judicial, cultural or artistic activities or conferences, conventions or other similar activities are held;

(5)  enclosed spaces where community or recreational activities intended for persons under 21 years of age are held, except if the activities are held in a private residence;

(6)  enclosed spaces where the activities held may be attended only by persons explicitly or implicitly invited or authorized by the host, whether or not an admission fee is charged and regardless of the purpose of the activities, except if the activities are held in a private residence;

(7)  enclosed spaces used by a non-profit legal person or by an association, circle or club, whether a legal person or not, to which only members and their guests have access, except if the enclosed spaces are situated in a private residence;

(8)  the common areas of residential buildings comprising two or more dwellings;

(9)  the common areas of private seniors’ residences within the meaning of the second paragraph of section 346.0.1 of the Act respecting health services and social services;

(10)  palliative care hospices and places where prevention, assistance and support services, including temporary lodging services, are offered to persons in distress or in need of assistance, except if the services are offered in a private residence;

(11)  tourist accommodation establishments governed by the Tourist Accommodation Establishments Act (chapter E-14.2) and the buildings of outfitting operations within the meaning of the Act respecting the conservation and development of wildlife (chapter C-61.1) and the Act respecting hunting and fishing rights in the James Bay and New Québec territories (chapter D-13.1);

(12)  specially set up enclosed spaces where meals for consumption on the premises are ordinarily offered to the public in return for remuneration;

(13)  establishments operating under a bar permit within the meaning of the Act respecting liquor permits (chapter P-9.1);

(14)  casinos, bingo halls and other gambling facilities;

(15)  workplaces, except workplaces situated in a private residence;

(16)  means of shared transportation and other means of transportation used in the course of employment; and

(17)  all other enclosed spaces that are open to the public.

Anyone who contravenes the first paragraph commits an offence and is liable to a fine of $500 to $1,500. In addition, anyone who smokes in an enclosed space referred to in the first paragraph of section 8 or a regulation made under the second paragraph of that section commits an offence and is liable to a fine of $750 to $2,250. Those amounts are doubled for a subsequent offence.

In penal proceedings for a contravention of the first or second paragraph, evidence that a person was smoking using an accessory ordinarily used for smoking cannabis, or that a person was smoking and, while they were doing so, an odour of cannabis was being released from the product being consumed, is sufficient to establish that the person was smoking cannabis, unless they provide evidence to the contrary showing that the product smoked was not cannabis.

2018, c. 19, s. 19; 2019, c. 21, s. 5.

2018-10-17

12. Subject to sections 13 to 15, cannabis smoking is prohibited in all the following enclosed spaces:

(1)  facilities maintained by a health or social services institution governed by the Act respecting health services and social services (chapter S-4.2) or the Act respecting health services and social services for Cree Native persons (chapter S-5) and premises where the services of an intermediary resource governed by the Act respecting health services and social services are offered, except if the premises are situated in a private residence;

(2)  premises or buildings of a university-level institution;

(3)  private residences where home childcare services are provided, regardless of whether the childcare providers are recognized home childcare providers under the Educational Childcare Act (chapter S-4.1.1), during the hours childcare is provided;

(4)  enclosed spaces where sports, recreational, judicial, cultural or artistic activities or conferences, conventions or other similar activities are held;

(5)  enclosed spaces where community or recreational activities intended for minors are held, except if the activities are held in a private residence;

(6)  enclosed spaces where the activities held may be attended only by persons explicitly or implicitly invited or authorized by the host, whether or not an admission fee is charged and regardless of the purpose of the activities, except if the activities are held in a private residence;

(7)  enclosed spaces used by a non-profit legal person or by an association, circle or club, whether a legal person or not, to which only members and their guests have access, except if the enclosed spaces are situated in a private residence;

(8)  the common areas of residential buildings comprising two or more dwellings;

(9)  the common areas of private seniors’ residences within the meaning of the second paragraph of section 346.0.1 of the Act respecting health services and social services;

(10)  palliative care hospices and places where prevention, assistance and support services, including temporary lodging services, are offered to persons in distress or in need of assistance, except if the services are offered in a private residence;

(11)  tourist accommodation establishments governed by the Tourist Accommodation Establishments Act (chapter E-14.2) and the buildings of outfitting operations within the meaning of the Act respecting the conservation and development of wildlife (chapter C-61.1) and the Act respecting hunting and fishing rights in the James Bay and New Québec territories (chapter D-13.1);

(12)  specially set up enclosed spaces where meals for consumption on the premises are ordinarily offered to the public in return for remuneration;

(13)  establishments operating under a bar permit within the meaning of the Act respecting liquor permits (chapter P-9.1);

(14)  casinos, bingo halls and other gambling facilities;

(15)  workplaces, except workplaces situated in a private residence;

(16)  means of shared transportation and other means of transportation used in the course of employment; and

(17)  all other enclosed spaces that are open to the public.

Anyone who contravenes the first paragraph commits an offence and is liable to a fine of $500 to $1,500. In addition, anyone who smokes in an enclosed space referred to in the first paragraph of section 8 or a regulation made under the second paragraph of that section commits an offence and is liable to a fine of $750 to $2,250. Those amounts are doubled for a subsequent offence.

In penal proceedings for a contravention of the first or second paragraph, evidence that a person was smoking using an accessory ordinarily used for smoking cannabis, or that a person was smoking and, while they were doing so, an odour of cannabis was being released from the product being consumed, is sufficient to establish that the person was smoking cannabis, unless they provide evidence to the contrary showing that the product smoked was not cannabis.

2018, c. 19, s. 19.

Not in force

In force: 2018-10-17

12. Subject to sections 13 to 15, cannabis smoking is prohibited in all the following enclosed spaces:

(1)  facilities maintained by a health or social services institution governed by the Act respecting health services and social services (chapter S-4.2) or the Act respecting health services and social services for Cree Native persons (chapter S-5) and premises where the services of an intermediary resource governed by the Act respecting health services and social services are offered, except if the premises are situated in a private residence;

(2)  premises or buildings of a university-level institution;

(3)  private residences where home childcare services are provided, regardless of whether the childcare providers are recognized home childcare providers under the Educational Childcare Act (chapter S-4.1.1), during the hours childcare is provided;

(4)  enclosed spaces where sports, recreational, judicial, cultural or artistic activities or conferences, conventions or other similar activities are held;

(5)  enclosed spaces where community or recreational activities intended for minors are held, except if the activities are held in a private residence;

(6)  enclosed spaces where the activities held may be attended only by persons explicitly or implicitly invited or authorized by the host, whether or not an admission fee is charged and regardless of the purpose of the activities, except if the activities are held in a private residence;

(7)  enclosed spaces used by a non-profit legal person or by an association, circle or club, whether a legal person or not, to which only members and their guests have access, except if the enclosed spaces are situated in a private residence;

(8)  the common areas of residential buildings comprising two or more dwellings;

(9)  the common areas of private seniors’ residences within the meaning of the second paragraph of section 346.0.1 of the Act respecting health services and social services;

(10)  palliative care hospices and places where prevention, assistance and support services, including temporary lodging services, are offered to persons in distress or in need of assistance, except if the services are offered in a private residence;

(11)  tourist accommodation establishments governed by the Tourist Accommodation Establishments Act (chapter E-14.2) and the buildings of outfitting operations within the meaning of the Act respecting the conservation and development of wildlife (chapter C-61.1) and the Act respecting hunting and fishing rights in the James Bay and New Québec territories (chapter D-13.1);

(12)  specially set up enclosed spaces where meals for consumption on the premises are ordinarily offered to the public in return for remuneration;

(13)  establishments operating under a bar permit within the meaning of the Act respecting liquor permits (chapter P-9.1);

(14)  casinos, bingo halls and other gambling facilities;

(15)  workplaces, except workplaces situated in a private residence;

(16)  means of shared transportation and other means of transportation used in the course of employment; and

(17)  all other enclosed spaces that are open to the public.

Anyone who contravenes the first paragraph commits an offence and is liable to a fine of $500 to $1,500. In addition, anyone who smokes in an enclosed space referred to in the first paragraph of section 8 or a regulation made under the second paragraph of that section commits an offence and is liable to a fine of $750 to $2,250. Those amounts are doubled for a subsequent offence.

In penal proceedings for a contravention of the first or second paragraph, evidence that a person was smoking using an accessory ordinarily used for smoking cannabis, or that a person was smoking and, while they were doing so, an odour of cannabis was being released from the product being consumed, is sufficient to establish that the person was smoking cannabis, unless they provide evidence to the contrary showing that the product smoked was not cannabis.

2018, c. 19, s. 19.