L-6.2 - Tobacco Control Act

Section 11 Disposition versions

2015-11-26

11. The operator of a place or business to which this chapter or a regulation made under the third paragraph of section 2.1 applies shall not tolerate smoking in an area where smoking is prohibited.

In penal proceedings for an offence under the first paragraph, proof that a person smoked in an area where smoking is prohibited is sufficient to establish that the operator of the place or business tolerated a person smoking in that area unless it is established that the operator exercised due diligence and took all necessary precautions to prevent its commission, in particular, by posting clearly visible notices stipulating that smoking is prohibited and by having no ashtrays.

1998, c. 33, s. 11; 2005, c. 29, s. 12; 2015, c. 28, s. 14.

2006-05-31

11. The operator of a place or business to which this chapter applies shall not tolerate smoking in an area where smoking is prohibited.

In proceedings for a contravention of the first paragraph, the operator of the place or business is deemed to have tolerated smoking in an area where smoking is prohibited if it is shown that a person smoked in that area. The onus is on the operator to show that smoking was not tolerated by the operator in an area where smoking is prohibited.

1998, c. 33, s. 11; 2005, c. 29, s. 12.

1999-12-17

11. The operator of a place or business to which this chapter applies shall not tolerate smoking in an area where smoking is prohibited.

1998, c. 33, s. 11.