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The Non-Smokers Health Protection and Vapour Products Amendment Act (Prohibiting Cannabis Consumption in Outdoor Public Places)

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S.M. 2018, c. 18

Bill 25, 3 rd Session, 41st Legislature

The Non-Smokers Health Protection and Vapour Products Amendment Act (Prohibiting Cannabis Consumption in Outdoor Public Places)

Explanatory Note

This note is a reader's aid and is not part of the law.

This Act amends The Non-Smokers Health Protection and Vapour Products Act to prohibit the smoking or vaping of cannabis in outdoor public places and other places specified by regulation. Prohibitions relating to cannabis apply to areas under federal jurisdiction.

The Non-Smokers Health Protection and Vapour Products Act is renamedto reflect the broader regulation of smoking and vaping. Consequential amendments are made to three Acts because of the title change.

(Assented to June 4, 2018)

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. N92 amended

1           The Non-Smokers Health Protection and Vapour Products Act is amended by this Act.

2           The title is replaced with "THE SMOKING AND VAPOUR PRODUCTS CONTROL ACT".

3           Subsection 1(1) is amended

(a) by replacing the definition "cannabis" with the following:

"cannabis" means cannabis as defined in the Cannabis Act (Canada); (« cannabis »)

(b) by adding the following definition:

"outdoor public place" means an outdoor place to which members of the public have access, including, but not limited to,

(a) a sidewalk, street, highway or outdoor parking lot,

(b) a park, playground or beach,

(c) an outdoor pool, splash pad or water park,

(d) a playing field or other outdoor sports venue,

(e) an outdoor entertainment venue,

(f) the grounds of an educational institution or facility, and

(g) an outdoor patio or deck that is associated with a restaurant or other enclosed public place; (« endroit public extérieur »)

4           Subsection 2(2) is amended by adding "set out in subsection (1) or (1.1)" before "where smoking".

5           The following is added after section 5.1:

No smoking or vaping cannabis in outdoor public places

5.2         Except as permitted by regulation, no person shall smoke cannabis or use an e-cigarette to vapourize an e-substance containing cannabis at an outdoor public place or another place prescribed by regulation.

6           Subsection 6.1(1) is amended by adding "other than an outdoor public place," after "by this Act,".

7           Section 6.2 is amended by adding "who is subject to section 6.1" after "A proprietor".

8(1)        Subsection 8(1) is amended in the part before clause (a) by striking out "section 2 or 5" and substituting "section 2, 5 or 5.2".

8(2)        Subsection 8(2) is amended in the section heading and in the section by adding "or section 5.2" after "subsection 2(1) or (1.1)".

9           The following is added after clause 9(1)(d):

(d.1) for the purpose of section 5.2,

(i) specifying the places, times or circumstances when a person may smoke cannabis or use an e-cigarette to vapourize an e-substance containing cannabis at an outdoor public place or another prescribed place, and

(ii) prescribing places or classes of places where a person is prohibited from smoking cannabis or using an e-cigarette to vapourize an e-substance containing cannabis;

10(1)       Section 9.4 is amended by renumbering it as subsection 9.4(1), by striking out "This Act" and substituting "Except as provided in subsection (2), this Act".

10(2)       Section 9.4 is further amended by adding the following as subsection 9.4(2):

Exceptions

9.4(2)      The prohibitions in this Act respecting smoking cannabis and using an e-cigarette to vapourize an e-substance containing cannabis apply in the places, premises and lands set out in subsection (1).

11          Section 10 is amended by striking out "N92" and substituting "S150".

Consequential amendment, C.C.S.M. c. T2

12          Clause 10(2)(a) of The Tax Administration and Miscellaneous Taxes Act is amended by striking out "The Non-Smokers Health Protection and Vapour Products Act" and substituting "The Smoking and Vapour Products Control Act".

Consequential amendments, C.C.S.M. c. T80

13          Subsection 4(2.1) of The Tobacco Tax Act is amended

(a) in the section heading, by striking out "Non-Smokers Health Protection and Vapour Products Act" and substituting "Smoking and Vapour Products Control Act"; and

(b) in the subsection, by striking out "The Non-Smokers Health Protection and Vapour Products Act" and substituting "The Smoking and Vapour Products Control Act".

Consequential amendment, C.C.S.M. c. W210

14           Clause 18(1)(c.1) of The Workplace Safety and Health Act is amended by striking out "The Non-Smokers Health Protection and Vapour Products Act" and substituting "The Smoking and Vapour Products Control Act".

Coming into force

15          This Act comes into force on a day to be fixed by proclamation.