On the same date, the new Smoke Free Ontario Act, 2017 (the “SFA, 2017”) was also proclaimed into force.
The legislation which previously set the stage in Ontario would limit cannabis consumption to private residences. Now, under the SFA, 2017, the scope for consumption has been significantly widened.
Ontarians may now, under the SFA, 2017, smoke and/or vape (i.e. use an electronic cigarette or inhalant-type device) cannabis in any location where smoking tobacco is permitted.
This will, in effect, mean that in Ontario will allow cannabis consumption in many outdoor public places, including sidewalks and parks.
The new SFA, 2017, dictates that smoking or holding lighted cannabis or using an electronic cigarette (vaporizer) is prohibited in:
An enclosed public place;
An enclosed workplace;
A school within the meaning of the Education Act1 ;
A building or the grounds surrounding the building of a private school within the meaning of the Education Act2 , where the private school is the only occupant of the premises, or the grounds annexed to a private school, where the private school is not the only occupant of the premises;
Any indoor common area in a condominium, apartment building or university or college residence, including, without being limited to, elevators, hallways, parking garages, party or entertainment rooms, laundry facilities, lobbies and exercise areas;
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1Under the Education Act, “school” is defined as: (a) the body of elementary school pupils or secondary school pupils that is organized as a unit for educational purposes under the jurisdiction of the appropriate board, or (b) the body of pupils enrolled in any of the elementary or secondary school courses of study in an educational institution operated by the Government of Ontario, and includes the pupils who are enrolled in extended day programs in the unit or institution, the teachers, designated early childhood educators and other staff members associated with the unit or institution, and the lands and premises used in connection with the unit or institution.
2Under the Education Act, “private school” is defined as: an institution at which instruction is provided at any time between the hours of 9 a.m. and 4 p.m. on any school day for five or more pupils who are of or over compulsory school age in any of the subjects of the elementary or secondary school courses of study and that is not a school as defined in this section.
3Under the Child Care and Early Years Act, 2014, “child care centre” means a premises operated by a person licensed under that Act to operate a child care centre at the premises;
4Under the Child Care and Early Years Act, 2014, “home child care” means child care that is provided: A. by one child care provider for no more than six children at any one time or, if a lesser number is prescribed in accordance with subsection (6), no more than the prescribed number of children at any one time, or B. if the regulations so provide, by two child care providers for no more than twice the number of children that applies for the purposes of sub-subparagraph A or, if a lesser number is prescribed, no more than the prescribed number of children. ii. There is an agreement between a home child care agency and the child care provider that provides for the agency’s oversight of the provision of care. iii. The home child care agency has been advised of all of the children at the premises. iv. The group of children does not include, A. in the circumstances described in sub-subparagraph i A, more than two children who are younger than two years old, B. in the circumstances described in sub-subparagraph i B, more than four children who are younger than two years old or, if a lesser number is prescribed, more than the prescribed number, or C. if the director authorizes under section 27 the provision of child care for more children who are younger than two years old than the number that applies for the purposes of sub-subparagraph A or B, more than the number specified by the director.
5Under the Child Care and Early Years Act, 2014, “early years programs and services” means programs and services for children or parents that are specified or meet the description set out in the regulations, which, (a) involve or relate to the learning, development, health and well-being of children; (b) do not provide child care and are not extended day programs; and (c) are funded wholly or partly by the Ministry.