NEED TO KNOW
November 2016
Labour and Employment
Put that perimeter in your pipe and smoke it:
the imminent broadening of the prohibition on smoking
within a nine-meter radius
ÉLODIE BRUNET
with the collaboration of Guy Lavoie
On November 26, 2016, the new provisions of the Tobacco
Control Act 1 (the “Act”) will come into force. One of these
provisions will considerably expand the scope of the rule which
currently prohibits smoking within a nine-meter radius of any
door leading to an enclosed place governed by the Act. This
broadening comes about in two ways.
Beginning on November 26, 2016, smoking will also be prohibited within
a nine-meter radius of any door, openable window or air vent leading to
the following enclosed spaces:5
Facilities maintained by a health and social services institution and
premises where services are provided by an intermediate resource;
Premises or buildings placed at the disposal of an educational
institution;
Facilities operated by a childcare centre or day care centre;
The prohibition of smoking within a nine-meter radius
of doors will apply to more areas
Enclosed spaces where activities of a sports or recreational, judicial,
cultural or artistic nature are carried on, or where conferences,
conventions or other similar events are held;
Not only will smokers have to respect the ban within a nine-meter
radius of any door, they also will have to observe the nine-meter rule
around openable windows and air vents leading to an enclosed place
where smoking is forbidden.2
Enclosed spaces where community or recreational activities intended
for minors are held;
Enclosed spaces where the activities held may be attended only by
persons explicitly or implicitly invited or authorized by the host;
Broadening of the areas where smoking is prohibited
within a nine-meter radius
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;
The prohibition currently applies within a nine-meter radius of doors
leading to any of the following enclosed spaces:3
Enclosed spaces where prevention, assistance and support services,
including temporary lodging services, are offered to persons in
distress or persons in need of assistance;
Facilities maintained by a health and social services institution and
premises where services are provided by an intermediate resource;
Facilities operated by a childcare centre or day care centre;
Enclosed spaces where community or recreational activities intended
for minors are held.4
1
CQLR, c. L-6.2.
2
An Act to Bolster Tobacco Control, Bill n°44 (assented to on November 26, 2015), 1st sess.,
41st legis., ss. 6 and 76.
3
Except if the activities referred to are held in a dwelling.
4
5
Take the advantage
Tobacco Control Act, see note 1, ss. 2 and 2.2.
Except if the activities referred to are held in a dwelling.
NEED TO KNOW
November 2016
Labour and Employment
Tourist accommodation establishments and the buildings of
outfitting operations;
YOU CAN CONTACT THE MEMBERS OF THE LABOUR AND EMPLOYMENT
GROUP WITH ANY QUESTIONS ­CONCERNING THIS NEWSLETTER.
Enclosed spaces where meals for consumption on the premises are
ordinarily offered to the public in return for remuneration;
PIERRE-L. BARIBEAU
Establishments operating under a public house, tavern or bar permit;
DAVE BOUCHARD
Bingo halls;
Workplaces;
PIERRE BEAUDOIN
VALÉRIE BELLE-ISLE, CRHA
JEAN BOULET
ÉLODIE BRUNET, CRHA
BRITTANY CARSON
GENEVIÈVE CHAMBERLAND
Premises used for detention;
NICOLAS COURCY
All other enclosed spaces to which the public has admittance.6
NORMAN A. DIONNE
MICHEL DESROSIERS
JOSÉE DUMOULIN
Notes
CHARLOTTE FORTIN
The effect of this broadening is a significant expansion in the scope of
the smoking prohibition within a nine-meter radius of any door leading
to an enclosed place enumerated by the Act. The fact that the prohibition
will apply within a nine-meter radius of any door, openable window and
air vent leading to a workplace is in itself a significant change not only
for smokers, but for all of Quebec’s employers.
DANIELLE GAUTHIER
It is worth recalling that the Act also contains provisions regarding the
operators of the spaces listed above:
NADINE LANDRY
SIMON GAGNÉ
MICHEL GÉLINAS
RHONDA GRINTUCH
MARIE-JOSÉE HÉTU
MARIE-HÉLÈNE JOLICOEUR
NICOLAS JOUBERT
PAMÉLA KELLY-NADEAU
JOSIANE L’HEUREUX
CLAUDE LAROSE
MYRIAM LAVALLÉE
The obligation to post notices visible to the people using the place or
business, indicating the areas where smoking is prohibited; 7
GUY LAVOIE, CRIA Prohibition from tolerating smoking in an area where it is prohibited.8
CATHERINE MAHEU
Let us not forget that, in November 2015, the legislator reinforced the
Act by increasing the liability of the administrators and executives of
companies subject to respect it, increasing the amounts of the fines
they are subject to and making it easier for the prosecution to prove
the violations.9
In addition to being vigilant, companies should ensure that a policy
regarding the use of tobacco products10 is in place and should also
inform employees, clients, visitors and suppliers of the content of their
tobacco control policy.
ÉLODIE BRUNET
514 878-5422
[email protected]
GUY LEMAY, CRIA
CARL LESSARD
ZEÏNEB MELLOULI
VÉRONIQUE MORIN, CRIA
FRANÇOIS PARENT
CATHERINE PARISEAULT
JEREMY PERRON
SYLVAIN POIRIER
MARIE-HÉLÈNE RIVERIN
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6
Bill n°44, see note 2, s. 6.
7
S. 10 of the Act.
8
S. 11 of the Act.
9
In this regard, please refer to our Need to know newsletter entitled “Tobacco Control and
E-cigarettes: New Challenges for Businesses“ (March 2016), online under “Publications”.
10
Such a policy should also seek to control the use of marijuana, as well as the use of any
substance that can be smoked.
© A ll right s re se rve d 2 0 16
LAVERY, DE BILLY, L.L.P.
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