L-6.2 - Tobacco Control Act

Section 5 Disposition versions

2019-11-01

5. The operator of a place may identify rooms where smoking is permitted

(1)  for persons receiving services from an intermediate resource or for persons lodged by an institution and receiving services from a general and specialized hospital centre in a psychiatric unit or department or services from a residential and long-term care centre, from a rehabilitation centre or from a psychiatric hospital centre;

(1.1)  for persons admitted by an institution operating a general and specialized hospital centre who may, for medical purposes, use a product considered to be tobacco, to the extent provided by government regulation;

(2)  for persons temporarily lodged in a place referred to in paragraph 7.2 of section 2.

However, the number of rooms where smoking is permitted may not exceed 20% of the rooms available for all the clientele. Furthermore, the rooms where smoking is permitted must be grouped together so as to provide maximum protection to non-smokers given the total floor space, use and ventilation of the place. If rooms have already been identified for cannabis use under the first paragraph of section 14 of the Cannabis Regulation Act (chapter C-5.3), they must be the first ones identified for tobacco use.

This section shall not operate to prevent the operator of a place from setting certain conditions for the use of tobacco in a room where smoking is permitted or from prohibiting a person lodged in the place to smoke in such a room if the operator considers that the person’s smoking would pose a threat to the person’s own safety or the safety of others.

1998, c. 33, s. 5; 2001, c. 42, s. 3; 2005, c. 29, s. 7; 2015, c. 28, s. 10; 2019, c. 21, s. 28.

2015-11-26

5. The operator of a place may identify rooms where smoking is permitted

(1)  for persons receiving services from an intermediate resource or for persons lodged by an institution and receiving services from a general and specialized hospital centre in a psychiatric unit or department or services from a residential and long-term care centre, from a rehabilitation centre or from a psychiatric hospital centre;

(1.1)  for persons admitted by an institution operating a general and specialized hospital centre who may, for medical purposes, use a product considered to be tobacco, to the extent provided by government regulation;

(2)  for persons temporarily lodged in a place referred to in paragraph 7.2 of section 2.

However, the number of rooms where smoking is permitted may not exceed 20% of the rooms available for all the clientele. Furthermore, the rooms where smoking is permitted must be grouped together so as to provide maximum protection to non-smokers given the total floor space, use and ventilation of the place.

This section shall not operate to prevent the operator of a place from setting certain conditions for the use of tobacco in a room where smoking is permitted or from prohibiting a person lodged in the place to smoke in such a room if the operator considers that the person’s smoking would pose a threat to the person’s own safety or the safety of others.

1998, c. 33, s. 5; 2001, c. 42, s. 3; 2005, c. 29, s. 7; 2015, c. 28, s. 10.

2006-05-31

5. The operator of a place may identify rooms where smoking is permitted

(1)  for persons receiving services from an intermediate resource or for persons lodged by an institution and receiving services from a general and specialized hospital centre in a psychiatric unit or department or services from a residential and long-term care centre, from a rehabilitation centre or from a psychiatric hospital centre;

(2)  for persons temporarily lodged in a place referred to in paragraph 7.2 of section 2.

However, the number of rooms where smoking is permitted may not exceed 40% of the rooms available for all the clientele. Furthermore, the rooms where smoking is permitted must be grouped together so as to provide maximum protection to non-smokers given the total floor space, use and ventilation of the place.

This section shall not operate to prevent the operator of a place from setting certain conditions for the use of tobacco in a room where smoking is permitted or from prohibiting a person lodged in the place to smoke in such a room if the operator considers that the person’s smoking would pose a threat to the person’s own safety or the safety of others.

1998, c. 33, s. 5; 2001, c. 42, s. 3; 2005, c. 29, s. 7.

2001-12-01

5. The operator of a place or business may identify rooms or areas where smoking is permitted

(1)  for persons receiving services from an intermediate resource or for persons lodged by an institution and receiving services from a general and specialized hospital centre in a psychiatric unit or department or services from a residential and long-term care centre, from a rehabilitation centre or from a psychiatric hospital centre;

(2)  for any person except an employee in a tourist accommodation establishment or on premises described in paragraph 8.1 of section 2.

1998, c. 33, s. 5; 2001, c. 42, s. 3.

1999-12-17

5. The operator of a place or business may identify rooms or areas where smoking is permitted

(1)  for persons receiving services from an intermediate resource or for persons lodged by an institution and receiving services from a general and specialized hospital centre in a psychiatric unit or department or services from a residential and long-term care centre, from a rehabilitation centre or from a psychiatric hospital centre;

(2)  for any person except an employee in a tourist establishment.

1998, c. 33, s. 5.