Smoking and Vapour Products Control Regulation

Smoking and Vapour Products Control Regulation, M.R. 174/2004 The Smoking and Vapour Products Control Act , C.C.S.M. c. S150 Regulation 174/2004 Registered September 27, 2004 bilingual version (HTML) Table of Contents Section DEFINITIONS 1 Definition in this regulation 2 "Mine" defined 2.1 "Vapour product shop" — additional criteria 3 Separate ventilation system 3.1 Major activity OUTDOOR EATING OR DRINKING AREAS 4 Criteria re "enclosed" and "indoor" GROUP LIVING FACILITIES 5 Common areas of work camps 5.1 No cannabis use in certain group living facilities SIGNAGE 6 Location and number of signs 7 Form and content of signs 8 Text sign 9 Graphic sign EXISTING MUNICIPAL BY-LAWS 10 Compliance with existing municipal by-law DISPLAY, ADVERTISING AND PROMOTION — TOBACCO 10.1 Exemption re in-store advertising and promotion 10.2 Signs listing products and prices — tobacco DISPLAY, ADVERTISING AND PROMOTION — VAPOUR PRODUCTS 10.3 Exemption re in-store advertising and promotion — vapour products 10.4 Signs listing products and prices — vapour products SMOKING AND VAPING CANNABIS IN OUTDOOR PUBLIC PLACES 10.5 Medical cannabis consumption in outdoor public places 10.6 Proof of medical cannabis user status 10.7 Consumption area for residents of multiple unit residential buildings 10.8 Definitions COMING INTO FORCE 11 Coming into force Schedule A Graphic sign B Exemption re in-store advertising and promotion — tobacco C Model form of sign — tobacco D Model form of sign — vapour products DEFINITIONS Definition in this regulation 1 In this regulation, "Act" means The Smoking and Vapour Products Control Act . M.R. 112/2017 ; 133/2018 "Mine" defined 2 For the purpose of the definition "indoor workplace" in section 1 of the Act, "mine" means (a) a mine shaft; (b) any area of a mine that is within 50 m of a work site in the mine at which one or more persons are present; and (c) any area designated as a safe room, refuge station or lunchroom in a mine. "Vapour product shop" — additional criteria 2.1 The following are the additional criteria for the purpose of the definition "vapour product shop" in subsection 1(1) of the Act: (a) at least 85% of the floor space of the premises is devoted to the sale of vapour products; (b) no food, beverages or other items or products, other than vapour products, are sold or otherwise supplied at the premises, other than the following: (i) clothing and other promotional items that display only the business name and logo of the vapour product shop, (ii) cases, batteries, battery chargers, mouthpieces, wire, coils, toolkits or other items or products intended for use only in relation to vapour products, (iii) non-alcoholic beverages. M.R. 112/2017 Separate ventilation system 3(1) For the purpose of sections 3, 3.1, 3.2 and 4 of the Act, "separate ventilation system" means a ventilation system that vents air from the room or tobacconist shop in which smoking is permitted in such a manner that it does not mix with air in any area where smoking is prohibited, and if the system (a) exists on the day this regulation comes into force, a letter or other document bearing the seal of a professional engineer skilled in the field of work concerned confirms that it meets the requirements of this subsection; or (b) is constructed after the day this regulation comes into force, specifications or drawings relating to its construction and bearing the seal of a professional engineer skilled in the field of work concerned confirm that it meets the requirements of this subsection. 3(2) In subsection (1), "professional engineer" means a "professional engineer" as defined in The Engineering and Geoscientific Professions Act . M.R. 112/2017 Major activity 3.1 For the purpose of section 7.1 of the Act, "for which the sale of tobacco or tobacco-related products is the major activity" means that at least 50% of the floor space of the place or premises is devoted to the sale of tobacco or tobacco-related products. M.R. 103/2005 OUTDOOR EATING OR DRINKING AREAS Criteria re "enclosed" and "indoor" 4(1) For the purpose of subsection 1(2) of the Act, an outdoor eating or drinking area described in that subsection is an enclosed public place or an indoor workplace if (a) more than 25% of its total floor area is covered from above by a roof, canopy or other physical barrier that is capable of excluding rain; and (b) more than 50% of its perimeter is more than 50% enclosed. 4(2) In clause (1)⁠(b), "enclosed" means obstructed by a physical barrier, including (a) a wall; (b) a window or door, whether or not it is open; (c) panelling; (d) fabric or an awning; (e) dense vegetation; (f) fencing or lattice; or (g) any other physical barrier that impedes airflow; but not including screening. 4(3) Despite clause (2)⁠(f), fencing or lattice that does not impede airflow is not considered to be a physical barrier for the purpose of subsection (2). 4(4) In determining whether an area's perimeter, or a portion of it, is more than 50% enclosed, its vertical dimension is considered to be the greater of (a) the distance between the serving floor and the roof or other cover described in clause (1)⁠(a); and (b) 2.15 m. 4(5) A retractable roof, sliding wall, shutters, canvas, plastic sheeting or other potential barrier, not including screening, that is capable of enclosing or partially enclosing an outdoor eating or drinking area is considered to be a physical barrier at all times to the maximum of its potential coverage. GROUP LIVING FACILITIES Common areas of work camps 5(1) For the purpose of clause (f) of the definition "group living facility" in section 1 of the Act, the following place is a group living facility: an accommodation facility in which workers reside together at a construction, industrial or other work camp, if the facility is provided by the employer as a residence to be used only by the workers. 5(2) Despite subsection (1), a separate room in a facility described in that subsection that is used primarily as sleeping accommodation by only one person is not a group living facility. No cannabis use in certain group living facilities 5.1(1) Subject to subsection (2), a person must not (a) smoke cannabis; or (b) use an e-cigarette to vapourize an e-substance containing cannabis; anywhere in a group living facility. 5.1(2) An in-patient or resident may use an e-cigarette to vaporize an e-substance containing cannabis in a properly designated room in a palliative care unit of a hospital, or a hospice used as a residence by persons in the late stages of a life-threatening illness. M.R. 33/2018 SIGNAGE Location and number of signs 6(1) For the purpose of subsection 6.1(1) of the Act, a proprietor must post and continuously display signs (a) at each entrance to the place, area or vehicle; and (b) inside the place, area or vehicle, in such numbers and locations as the proprietor reasonably considers adequate to ensure that the public and employees are aware of the prohibition. 6(2) Subsection (1) does not apply to a vehicle that is used in the course of employment, other than a public vehicle. 6(3) Clause (1)⁠(a) does not apply to a public vehicle. Form and content of signs 7 For the purpose of subsection 6.1(1) of the Act, a sign must be a text sign as described in section 8, or a graphic sign as described in section 9. Text sign 8 A text sign must (a) contain the text "no smoking" in capital or lower case letters, either alone or together with other words that do not detract from the sign's purpose of indicating the prohibition; (b) set out the required text in a style and size that is clearly legible, with each letter of the text being at least 28 mm in height; (c) consist of at least two contrasting colours that make its text clearly legible in whatever lighting is used in the place, area or vehicle; and (d) despite clause (c), if the required text is to be applied directly to a surface or mounted on a clear panel, set out the text in a colour that contrasts with the background so that the text is clearly legible in whatever lighting is used in the place, area or vehicle. Graphic sign 9 A graphic sign must consist of the graphic symbol set out in Schedule A, and must (a) depict the circle and interdictory stroke in red on a white background; and (b) be of a size that makes it clearly discernible to the persons to whom it is directed, with the outside diameter of the circle being at least 100 mm. M.R. 103/2005 EXISTING MUNICIPAL BY-LAWS Compliance with existing municipal by-law 10(1) In this section, "existing municipal by-law" means a municipal by-law that limits or bans smoking and that is in force on the day this regulation comes into force. 10(2) A person who, while in a municipality, complies with the signage requirements of an existing municipal by-law that remains in force in the municipality is deemed to have met the requirements of sections 6 to 9 of this regulation. DISPLAY, ADVERTISING AND PROMOTION — TOBACCO Exemption re in-store advertising and promotion 10.1 The prohibitions set out in clause 7.3(1)⁠(a) of the Act relating to the advertising or promotion of tobacco or a tobacco-related product do not apply in relation to the places and premises listed in Schedule B. M.R. 103/2005 Signs listing products and prices — tobacco 10.2(1) For the purpose of subsection 7.3(2) of the Act, signage listing tobacco or tobacco-related products offered for sale, and their prices, must meet the following requirements: (a) a maximum of one sign per till; (b) a maximum of three signs in the place or premises; (c) the text of the sign must not be visible from outside the place or premises; (d) the maximum size of the sign is 968 cm 2 (150 in 2 ); (e) the sign must be white, except for its text, which must be black; (f) the maximum height of a letter in the sign's text is 18 mm; (g) the text size and style must be consistent in all parts of the sign, and the text must not contain italics, bold type or underlining; (h) the text of the sign must not identify or reflect a brand of tobacco or tobacco-related product, or of any element of such a brand. Model form of sign 10.2(2) In addition to the requirements of subsection (1), the text of a sign must not contain any words, phrases or figures other than those set out in the model form of sign in Schedule C, an abbreviation of any one of them or an equivalent in another language. Sign may differ from model 10.2(3) For greater certainty, a sign need not be identical in form to the model form of sign set out in Schedule C, and it need not contain all the words, phrases and figures set out in the model. M.R. 103/2005 ; 112/2017 DISPLAY, ADVERTISING AND PROMOTION — VAPOUR PRODUCTS Exemption re in-store advertising and promotion — vapour products 10.3 The prohibitions set out in subsection 7.3.1(2) and clause 7.3.1(3)⁠(a) of the Act relating to the display, advertising and promotion of vapour products do not apply in relation to a vapour product shop, provided that (a) children are not permitted access to the shop; and (b) any display, advertising or promotion of vapour products is not visible from outside the shop. M.R. 112/2017 Signs listing products and prices — vapour products 10.4(1) For the purpose of subsection 7.3.1(4) of the Act, signage listing vapour products offered for sale, and their prices, must meet the following requirements: (a) a maximum of one sign per till; (b) a maximum of three signs in the place or premises; (c) the text of the sign must not be visible from outside the place or premises; (d) the maximum size of the sign is 968 cm 2 (150 in 2 ); (e) the sign must be white, except for its text, which must be black; (f) the maximum height of a letter in the sign's text is 18 mm; (g) the text size and style must be consistent in all parts of the sign, and the text must not contain italics, bold type or underlining; (h) the text of the sign must not identify or reflect a brand of a vapour product, or any element of such a brand. Model form of sign 10.4(2) In addition to the requirements of subsection (1), the text of a sign must not contain any words, phrases or figures other than those set out in the model form of sign in Schedule D, an abbreviation of any one of them or an equivalent in another language. Sign may differ from model 10.4(3) For greater certainty, a sign need not be identical in form to the model form of sign set out in Schedule D, and it need not contain all the words, phrases and figures set out in the model. M.R. 112/2017 SMOKING AND VAPING CANNABIS IN OUTDOOR PUBLIC PLACES Medical cannabis consumption in outdoor public places 10.5(1) Subject to subsection (2), a medical cannabis user may smoke cannabis or use an e-cigarette to vapourize an e-substance containing cannabis at an outdoor public place. 10.5(2) A medical cannabis user must not smoke cannabis or use an e-cigarette to vapourize an e-substance containing cannabis (a) within 8 m of a building to which members of the public have access; (b) on an outdoor patio or deck that is associated with a restaurant or other enclosed public place, or within 8 m of such an outdoor patio or deck; (c) on the property of an educational institution or facility, except in an area designated under subsection (3); (d) at a stadium or outdoor entertainment venue, or within 8 m of a stadium or outdoor entertainment venue; (e) on an outdoor sports venue, or within 8 m an outdoor sports venue; (f) in a wading pool, splash pad or water park, or within 8 m of a wading pool, splash pad or water park; (g) in a playground, or within 8 m of a playground; (h) on a public beach; (i) in an outdoor structure with a roof or other cover to which members of the public have access, or within 8 m of such a structure. 10.5(3) A post-secondary educational institution or facility may designate an outdoor area on the property of the institution or facility, which must be at least 8 m from any building, where medical cannabis users may smoke cannabis or use an e-cigarette to vapourize an e-substance containing cannabis. M.R. 133/2018 Proof of medical cannabis user status 10.6 A medical cannabis user who is smoking cannabis or using an e-cigarette to vapourize an e-substance containing cannabis at an outdoor public place as permitted under section 10.5 must produce documentation that confirms that they are authorized to consume cannabis for medical purposes, when requested to do so by an inspector. M.R. 133/2018 Consumption area for residents of multiple unit residential buildings 10.7 The owner of a multiple unit residential building may designate an outdoor area on the property on which the building is located, which must be at least 8 m from the building and any swimming pool located on the property, where residents of the building may smoke cannabis or use an e-cigarette to vapourize an e-substance containing cannabis. M.R. 133/2018 Definitions 10.8 The following definitions apply in sections 10.5 to 10.7. "medical cannabis user" means a person who is authorized to consume cannabis for medical purposes in accordance with the requirements of the applicable federal law. (« consommateur de cannabis à des fins médicales ») "outdoor entertainment venue" means an outdoor area or unenclosed facility where a concert, festival, theatric performance or similar production takes place. (« site de divertissement extérieur ») "outdoor sports venue" means a place where outdoor sports or athletic activities are conducted, such as a sports field, baseball diamond, tennis court, basketball court, hockey rink, swimming pool, golf course, running track or skateboard park. (« site sportif extérieur ») "stadium" means a building, structure or facility where spectators watch outdoor sports. (« stade ) M.R. 133/2018 COMING INTO FORCE Coming into force 11 This regulation comes into force on October 1, 2004. SCHEDULE A (section 9) Graphic symbol 1 For the purpose of section 9 of this regulation, the graphic symbol is as follows: M.R. 103/2005 SCHEDULE B (section 10.1) Exemption re in-store advertising and promotion — tobacco 1 The prohibitions set out in clause 7.3(1)⁠(a) of the Act do not apply in relation to the following places and premises, for which the sale of tobacco or tobacco-related products is the major activity: (a) Thomas Hinds Tobacconist Ltd., 185 Carlton Street, Winnipeg, Manitoba; (b) Shefield & Sons — Tobacconists Inc., K7-333 St. Mary Avenue, Winnipeg, Manitoba. M.R. 103/2005 ; 112/2017 SCHEDULE C (subsection 10.2(2)) Model form of sign — tobacco 1 For the purpose of subsection 10.2(2), the following is the model form of sign: * insert price wherever "$(x)" occurs M.R. 103/2005 ; 112/2017 SCHEDULE D (Subsection 10.4(2)) Model form of sign — vapour products 1 For the purpose of subsection 10.4(2), the following is the model form of sign: * insert price wherever "$(x)" occurs M.R. 112/2017