C-5.3 - Cannabis Regulation Act

Section 16 Disposition versions

2019-11-01

16. Cannabis smoking is prohibited

(1)  on public roads within the meaning of the third paragraph of section 66 of the Municipal Powers Act (chapter C-47.1);

(2)  in bus shelters;

(3)  in tents, under big tops and in other similar facilities that are put up temporarily or permanently and are open to the public;

(4)  on terraces and in other outdoor areas operated as part of a commercial activity and set up for rest, relaxation or the consumption of products;

(5)  on grounds on which enclosed spaces where cannabis smoking is prohibited under the first paragraph of section 12 are situated, except the grounds of residential buildings consisting only of two or more dwellings or a private seniors’ residence referred to in subparagraphs 8 and 9, respectively, of that paragraph; and

(6)  in all other outdoor places that are open to the public such as parks, playgrounds, sports grounds, the grounds of day camps and the grounds of vacation camps.

If a building comprises both an enclosed space where cannabis smoking is prohibited under the first paragraph of section 12 and a private residence, the prohibition does not apply to any part of the building’s grounds that is reserved for the exclusive use of persons living in the residence.

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 on the grounds of an enclosed space referred to in the first paragraph of section 8 or in any other outdoor place determined by 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 third 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. 7.

2018-10-17

16. Cannabis smoking is prohibited

(1)  in bus shelters and outdoor areas used to wait for shared transportation;

(2)  in tents, under big tops and in other similar facilities that are put up temporarily or permanently and are open to the public;

(3)  on the grounds of a health or social services institution;

(4)  on the grounds of a post-secondary educational institution;

(5)  on terraces and in other outdoor areas operated as part of a commercial activity and set up for rest, relaxation or the consumption of products;

(6)  in outdoor play areas intended for children that are open to the public, including splash pads, wading pools and skateparks;

(7)  on sports fields and playgrounds, including areas reserved for spectators, that are frequented by minors and open to the public;

(8)  on the grounds of day camps and vacation camps as well as at skating rinks and outdoor pools that are frequented by minors and open to the public; and

(9)  on lanes specifically built for bicycle traffic.

That prohibition also applies within a nine-metre radius from

(1)  any part of the perimeter of a place referred to in subparagraph 6 of the first paragraph; and

(2)  any door, air vent or openable window of an enclosed space referred to in the first paragraph of section 12, except the places referred to in subparagraphs 8, 9 and 16 of that paragraph.

However, if the nine-metre radius or a portion of that radius exceeds the boundaries of the grounds on which the place referred to in the second paragraph is situated, smoking is prohibited only up to those boundaries.

The Government may, by regulation, determine other places where smoking is prohibited.

Anyone who contravenes the first or second paragraph or a regulation made under the fourth paragraph commits an offence and is liable to a fine of $500 to $1,500. In addition, anyone who smokes on the grounds of an enclosed space referred to in the first paragraph of section 8 or in any other outdoor place determined by 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, second or fifth paragraph or a regulation made under the fourth 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

16. Cannabis smoking is prohibited

(1)  in bus shelters and outdoor areas used to wait for shared transportation;

(2)  in tents, under big tops and in other similar facilities that are put up temporarily or permanently and are open to the public;

(3)  on the grounds of a health or social services institution;

(4)  on the grounds of a post-secondary educational institution;

(5)  on terraces and in other outdoor areas operated as part of a commercial activity and set up for rest, relaxation or the consumption of products;

(6)  in outdoor play areas intended for children that are open to the public, including splash pads, wading pools and skateparks;

(7)  on sports fields and playgrounds, including areas reserved for spectators, that are frequented by minors and open to the public;

(8)  on the grounds of day camps and vacation camps as well as at skating rinks and outdoor pools that are frequented by minors and open to the public; and

(9)  on lanes specifically built for bicycle traffic.

That prohibition also applies within a nine-metre radius from

(1)  any part of the perimeter of a place referred to in subparagraph 6 of the first paragraph; and

(2)  any door, air vent or openable window of an enclosed space referred to in the first paragraph of section 12, except the places referred to in subparagraphs 8, 9 and 16 of that paragraph.

However, if the nine-metre radius or a portion of that radius exceeds the boundaries of the grounds on which the place referred to in the second paragraph is situated, smoking is prohibited only up to those boundaries.

The Government may, by regulation, determine other places where smoking is prohibited.

Anyone who contravenes the first or second paragraph or a regulation made under the fourth paragraph commits an offence and is liable to a fine of $500 to $1,500. In addition, anyone who smokes on the grounds of an enclosed space referred to in the first paragraph of section 8 or in any other outdoor place determined by 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, second or fifth paragraph or a regulation made under the fourth 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.