The Smoking and Vapour Products Control Act

The Smoking and Vapour Products Control Act, C.C.S.M. c. S150 (Assented to March 15, 1990) bilingual version (HTML) Table of Contents Section 1 Definitions 2 No smoking or e-cigarettes in enclosed places 3 Exception for group living facilities 3.1 Exception for hotel rooms 3.2 Transitional 4 Exception for tobacconist shops 4.1 Exception for vapour product shops 5 Drifting smoke or vapour 5.1 Exception for traditional Aboriginal practices 5.2 No smoking or vaping cannabis in outdoor public places 6 Municipality may pass by-law 6.1 Proprietor to post signs 6.2 Ashtrays 6.3 Supplying tobacco or vapour products in specified places prohibited 6.4 Vending machines prohibited 6.5 Repealed 7 Supplying tobacco to child prohibited 7.0.1 Supplying vapour product to child prohibited 7.1 Regulations re display and advertising of tobacco products 7.2 Tobacco not to be displayed 7.3 Tobacco not to be advertised or promoted 7.3.1 Regulations re display and advertising of vapour products 7.4 Inspectors 7.5 Inspection authority 7.6 Person may report suspected violation 8 General offence and penalty 8.1 Directors and officers of corporations 9 Regulations 9.1 Advisory committee to be established 9.2 Protection from liability 9.3 Act binds the Crown 9.4 Repealed 10 Reference in C.C.S.M. 11 Commencement of Act HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: Definitions 1(1) In this Act, "cannabis" means cannabis as defined in the Cannabis Act (Canada); (« cannabis ») "e-cigarette" means either of the following: (a) a product or device, whether or not it resembles a cigarette, containing a power source and heating element designed to vapourize an e-substance for inhalation or release into the air, (b) a product or device prescribed by regulation similar in nature or use to a product or device described in clause (a); (« cigarette électronique ») "e-substance" means a solid, liquid or gas that, on being heated, produces a vapour for use in an e-cigarette; (« substance servant à vapoter ») "employee" includes (a) any person who is employed by an employer to perform a service, including a volunteer, (b) any person who is engaged by another person to perform a service, whether under a contract of employment or not, and (c) any person who is receiving instruction or training, or serving an apprenticeship; (« employé ») "employer" includes any person who as the owner, manager or supervisor of an activity, business, work, trade, occupation or profession, has control over or direction of, or is directly or indirectly responsible for, a person's activities as an employee; (« employeur ») "enclosed public place" means any part of an enclosed place to which members of the public have access, including, but not limited to, (a) any part of (i) an office building, (ii) a retail store or other commercial establishment, or (iii) the common areas of a residential building or shopping mall, (b) a health care facility, (c) a day care centre or nursery, (d) an educational institution or facility, (e) a restaurant, (f) an elevator, (g) a licensed premises, (h) an enclosed place, other than a private residence, in which a private function is being held, (i) a private club to which a member or invited person has access, (j) a bus shelter, pedestrian tunnel or enclosed pedestrian walkway, and (k) any other place or class of places prescribed by regulation; (« endroit public fermé ») "group living facility" means (a) a personal care home as defined in The Health Services Insurance Act , (b) an addictions unit of a hospital, 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, (c) a residential care facility as defined in The Social Services Administration Act , a residential addictions treatment facility or a facility as defined in The Mental Health Act , (d) a residential shelter or a halfway house, (e) a group home or a treatment centre as defined in The Child and Family Services Act , and (f) any other place or class of places prescribed by regulation; (« habitation collective ») "health care facility" means a place where a person may receive medical examination, treatment or care, and includes a hospital, clinic and medical practitioner's office, but does not include a group living facility; (« établissement de santé ») "indoor workplace" means an enclosed area of a building, structure, mine or other premises in which an employee engages in work, including any eating area, washroom, corridor, lounge, reception area, lobby, elevator, escalator, stairway, amenity area, storage area, closet, laundry room and parking garage used by employees, and any other enclosed area frequented by employees during the course of their employment, but does not include a private residence; (« lieu de travail intérieur ») "licensed premises" means licensed premises as defined in The Liquor, Gaming and Cannabis Control Act ; (« locaux visés par une licence ») "minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act; (« ministre ») "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 ») "pharmacy" means a facility used for any aspect of the practice of pharmacy, and includes a satellite facility and every other facility, wherever located, used in the practice; (« pharmacie ») "private function" means an event at which attendance is limited to persons specifically invited or permitted to attend by the host, whether or not an admission fee is charged and regardless of the purpose of the event; (« activité privée ») "proprietor" , in relation to a place, area or vehicle, means an owner, employer or other person in charge who controls or directs the activities carried on in the place, area or vehicle, and includes a person present who is in charge at any particular time; (« propriétaire ») "public vehicle" means a motor vehicle used for the public transportation of persons or property, and includes a bus, taxi or limousine; (« véhicule public ») "restaurant" includes any part of a coffee shop, cafeteria, sandwich stand, food court or other eating establishment that is located in an enclosed public place and is open to members of the public, whether or not it is licensed premises or a portion of licensed premises; (« restaurant ») "shopping mall" means a complex of commercial establishments designed for the sale of goods or services or both to members of the public; (« centre commercial ») "smoking" means (a) smoking a cigarette, cigar, pipe or other device used for smoking tobacco or cannabis, or (b) having control of a lighted cigarette, cigar, pipe or other device used for smoking tobacco or cannabis; (« fumer ») "supply" means to sell, give, buy for, lend or otherwise provide a thing to a person, with or without consideration; (« fournir ») "tobacco" means tobacco in any form in which it is used or consumed, and includes cigarettes, cigars, snuff and raw leaf tobacco, but does not include any food, drug or device that contains nicotine and to which the Food and Drugs Act (Canada) applies; (« tabac ») "tobacconist shop" means premises where the predominant trade or business carried on is the manufacture, blending, sale or distribution of tobacco or tobacco-related products, and where the sale or distribution of other products is merely incidental; (« débit de tabac ») "tobacco-related product" means a cigarette paper, cigarette tube, cigarette filter, cigarette maker or pipe, or any thing used in association with tobacco and prescribed in the regulations; (« produit connexe au tabac ») "use" , in relation to an e-cigarette, means (a) to vapourize an e-substance for inhalation or release into the air by means of an e-cigarette, or (b) to have control of an e-cigarette in which an e-substance is being vapourized; (« vapoter ») "vapour product" means any of the following: (a) an e-cigarette, (b) an e-substance, (c) a cartridge for or a component of an e-cigarette; (« produit servant à vapoter ») "vapour product shop" means, subject to any additional criteria specified in the regulations, premises where the predominant trade or business carried on is the sale or distribution of vapour products, and where the sale or distribution of other products is merely incidental. (« débit de produits servant à vapoter ») 1(1.1) [Not proclaimed, but repealed on March 31, 2025 by C.C.S.M. c. S207, s. 34.10 ] Exception for outdoor eating or drinking areas 1(2) An outdoor eating or drinking area that is part of, or operated in conjunction with, (a) a restaurant; (b) a licensed premises; (c) a private club to which a member or invited person has access; or (d) an enclosed place, other than a private residence, in which a private function is being held; is an enclosed public place or indoor workplace under this Act only if it meets criteria established by regulation. S.M. 1994, c. 24, s. 3 ; S.M. 2002, c. 37, s. 2 ; S.M. 2004, c. 17, s. 2 ; S.M. 2012, c. 19, s. 2 ; S.M. 2013, c. 51, Sch. B, s. 198 ; S.M. 2015, c. 36, s. 3 ; S.M. 2017, c. 22, s. 19 ; S.M. 2018, c. 9, s. 50 ; S.M. 2018, c. 18, s. 3 ; C.C.S.M. c. S207, s. 34.10 ; S.M. 2025, c. 11, s. 8 . No smoking in enclosed places 2(1) Except as permitted in section 3, 3.1, 4 or 5.1, no person shall smoke in (a) an enclosed public place; (b) an indoor workplace; (c) a group living facility; (d) a public vehicle; or (e) a vehicle used in the course of employment, while carrying two or more employees. No e-cigarette use in enclosed places 2(1.1) Except as permitted in section 3, 3.1 or 4.1, no person shall use an e-cigarette in (a) an enclosed public place; (b) an indoor workplace; (c) a group living facility; (d) a public vehicle; or (e) a vehicle used in the course of employment, while carrying two or more employees. Proprietor to ensure no smoking or e-cigarette use 2(2) The proprietor of a place, area or vehicle set out in subsection (1) or (1.1) where smoking or using an e-cigarette is prohibited under this Act must ensure that no person smokes or uses an e-cigarette in that place, area or vehicle. S.M. 1994, c. 24, s. 4 ; S.M. 2004, c. 17, s. 3 ; S.M. 2015, c. 36, s. 4 ; S.M. 2018, c. 18, s. 4 . Exception for group living facilities 3(1) The proprietor or board of a group living facility, other than a facility operated exclusively for children, may, subject to subsection (2), designate a separate room in the facility as (a) a smoking room; (b) an e-cigarette use room; or (c) a combined smoking and e-cigarette use room. Conditions for designation 3(2) A room may be designated under subsection (1) only if each of the following conditions is met: (a) the room is not frequented by in-patients or residents who neither smoke nor use e-cigarettes; (b) the room is fully enclosed by floor-to-ceiling walls, a ceiling and doors that separate it physically from any adjacent area in which smoking or e-cigarette use is prohibited by this Act; (c) in the case of a room designated under clause (1)⁠(a) or (c), the room has a separate ventilation system. In-patient or resident may smoke or use an e-cigarette 3(3) Except when prohibited by regulation, an in-patient or resident of a group living facility may (a) smoke in a room designated under clause (1)⁠(a) or (c); or (b) use an e-cigarette in a room designated under clause (1)⁠(b) or (c). S.M. 1994, c. 24, s. 5 ; S.M. 1995, c. 33, s. 20 ; S.M. 2004, c. 17, s. 3 ; S.M. 2015, c. 36, s. 5 ; S.M. 2017, c. 22, s. 20 . Exception for hotel rooms 3.1(1) The proprietor of a hotel, motel, inn or bed-and-breakfast facility may, subject to subsection (2), designate a guest room in the facility as (a) a smoking room; (b) an e-cigarette use room; or (c) a combined smoking and e-cigarette use room. Conditions for designation 3.1(2) A guest room may be designated under subsection (1) only if each of the following conditions is met: (a) the room is designed primarily as sleeping accommodation; (b) the room is fully enclosed by floor-to-ceiling walls, a ceiling and doors that separate it physically from any adjacent area in which smoking or e-cigarette use is prohibited by this Act; (c) in the case of a room designated under clause (1)⁠(a) or (c), the room has a separate ventilation system. Guests may smoke or use an e-cigarette 3.1(3) A registered guest, and his or her invited guests, may (a) smoke in a room designated under clause (1)⁠(a) or (c); or (b) use an e-cigarette in a room designated under clause (1)⁠(b) or (c). S.M. 2015, c. 36, s. 5 . Transitional 3.2 Despite clauses 3(2)⁠(c) and 3.1(2)⁠(c), a separate ventilation system is not required if the room was constructed or last substantially renovated on or before October 1, 2004. S.M. 2015, c. 36, s. 5 . Exception for tobacconist shops 4 The proprietor of a tobacconist shop and his or her employees and customers may smoke tobacco in a tobacconist shop to test or sample a product if the shop (a) is fully enclosed by floor-to-ceiling walls, a ceiling and doors that separate it physically from any adjacent area in which smoking is prohibited by this Act; and (b) has a separate ventilation system if the shop is first opened for business after this section comes into force. S.M. 1994, c. 24, s. 6 ; S.M. 2004, c. 17, s. 3 ; S.M. 2017, c. 22, s. 21 . Exception for vapour product shops 4.1 The proprietor of a vapour product shop and his or her employees and customers may use e-cigarettes in a vapour product shop to test or sample a product for the purpose of sale of the product for use elsewhere, but only if the shop is fully enclosed by floor-to-ceiling walls, a ceiling and doors that separate it physically from any adjacent area in which the use of e-cigarettes is prohibited. S.M. 2015, c. 36, s. 6 . Drifting smoke or vapour 5 The proprietor of a place where smoking or e-cigarette use is permitted under this Act or the regulations must take reasonable steps to minimize the drifting of smoke or vapour, as the case may be, into areas of the premises where smoking or e-cigarette use is prohibited. S.M. 1994, c. 24, s. 7 ; S.M. 2004, c. 17, s. 3 ; S.M. 2015, c. 36, s. 7 . Exception for traditional Aboriginal practices 5.1 Nothing in this Act prohibits (a) an Aboriginal person from using tobacco; (b) a non-Aboriginal person from using tobacco with an Aboriginal person; or (c) a person from supplying or offering to supply tobacco or a tobacco-related product to a person described in clause (a) or (b); if the activity is carried out for a traditional Aboriginal spiritual or cultural practice or ceremony. S.M. 2004, c. 17, s. 3 ; S.M. 2012, c. 19, s. 3 . 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. S.M. 2018, c. 18, s. 5 . Municipality may pass by-law 6(1) Notwithstanding the provisions of this Act, a municipal council may pass a by-law to limit or ban smoking or e-cigarette use in any enclosed public place in the municipality. By-law conflict 6(2) Where there is a conflict between a provision of this Act or a regulation made thereunder and a provision of a by-law made by The City of Winnipeg or another municipality under subsection (1) or another Act of the Legislature, the provision of this Act or the regulation governs; but the provision of the by-law governs where it is more severe or restrictive, or more extensive in its application, than the provision of this Act or the regulation. S.M. 2015, c. 36, s. 8 . Proprietor to post signs 6.1(1) In every place, area or vehicle in which smoking is prohibited by this Act, other than an outdoor public place, the proprietor shall post, and keep continuously displayed, signs indicating that smoking is prohibited, in accordance with the regulations. Removing sign prohibited 6.1(2) No person other than the proprietor or a person acting on his or her instructions shall remove, alter, conceal, deface or destroy a sign posted in accordance with subsection (1). S.M. 2004, c. 17, s. 4 ; S.M. 2018, c. 18, s. 6 . Ashtrays 6.2 A proprietor who is subject to section 6.1 shall ensure that no ashtray or similar receptacle is placed or allowed to remain in any place or area in which smoking is prohibited under this Act. S.M. 2004, c. 17, s. 4 ; S.M. 2018, c. 18, s. 7 . Supplying tobacco or vapour products in specified places prohibited 6.3 No person shall supply or offer to supply vapour products, tobacco or a tobacco-related product in any of the following places or premises: (a) a health care facility; (b) a pharmacy; (c) an establishment where goods or services are sold or offered for sale to the public if (i) a pharmacy is located within the establishment, or (ii) customers of a pharmacy can enter into the establishment directly or by the use of a corridor or area used exclusively to connect the pharmacy with the establishment; (d) a place or premises or a class of places or premises prescribed by regulation. S.M. 2012, c. 19, s. 4 ; S.M. 2015, c. 36, s. 9 . Vending machines prohibited 6.4 No person shall cause or permit a vending machine for selling or dispensing vapour products, tobacco or a tobacco-related product to be in a place or premises that the person owns or occupies. S.M. 2012, c. 19, s. 4 ; S.M. 2015, c. 36, s. 10 . 6.5 [Not proclaimed, but repealed on March 31, 2025] C.C.S.M. c. S207, s. 34.10 Supplying tobacco to child prohibited 7(1) No person shall supply or offer to supply tobacco or a tobacco-related product to a child. Exceptions to prohibition 7(2) Subsection (1) does not apply to (a) a parent or guardian of a child who supplies tobacco or a tobacco-related product to the child in a place other than a public place or a place to which the public ordinarily has access; or (b) a person who gives tobacco or a tobacco-related product to a child if the gift is intended solely for use in traditional Aboriginal spiritual or cultural practices or ceremonies. Defense of accused 7(3) In a prosecution or proceeding for a contravention of subsection (1), the accused has a defense if he or she can prove on a balance of probabilities that, before supplying or offering to supply the tobacco or tobacco-related product to the child, the accused attempted to verify that the child was at least 18 years of age by asking for and being shown documentation prescribed in the regulations for the purpose of verifying age, and reasonably believed that the documentation was authentic and that the person was at least 18 years of age. Inference as conclusive evidence 7(4) In a prosecution or proceeding for a contravention of subsection (1), where a container or package gives rise to a reasonable inference that the contents of the container or package are tobacco or a tobacco-related product, in the absence of evidence to the contrary, the contents shall be conclusively deemed to be tobacco or a tobacco-related product. S.M. 1994, c. 24, s. 8 ; S.M. 2002, c. 37, s. 3 . Supplying vapour product to child prohibited 7.0.1(1) No person shall supply or offer to supply a vapour product to a child. Defence of accused 7.0.1(2) In a prosecution or proceeding for a contravention of subsection (1), the accused has a defence if he or she can prove on a balance of probabilities that, before supplying or offering to supply the vapour product to the child, the accused attempted to verify that the child was at least 18 years of age by asking for and being shown documentation prescribed in the regulations for the purpose of verifying age, and reasonably believed that the documentation was authentic and that the person was at least 18 years of age. Inference as conclusive evidence 7.0.1(3) In a prosecution or proceeding for a contravention of subsection (1), where a container or package gives rise to a reasonable inference that the contents of the container or package are a vapour product, in the absence of evidence to the contrary, the contents shall be conclusively deemed to be a vapour product. S.M. 2015, c. 36, s. 11 . Regulations re display and advertising — tobacco products 7.1 Section 7.2 and subsection 7.3(1) do not apply in relation to a place or premises for which the sale of tobacco or tobacco-related products is the major activity, if the place or premises is prescribed for the purpose of that section or subsection in the regulations. S.M. 2002, c. 37, s. 4 ; S.M. 2015, c. 36, s. 12 . Tobacco not to be displayed 7.2 No person shall display or permit to be displayed tobacco or a tobacco-related product such that it is visible to children in any place or premises in which tobacco or tobacco-related products are sold. S.M. 2002, c. 37, s. 4 . Tobacco not to be advertised or promoted 7.3(1) No person shall advertise or promote tobacco or a tobacco-related product (a) in any place or premises in which tobacco or tobacco-related products are sold; (b) in any place or premises to which children are permitted access; (c) on an outdoor sign of any type, including (i) a billboard or portable sign, or (ii) a sign on a bench, vehicle, building or other structure; or (d) inside a building or other structure or vehicle if the advertisement or promotion is visible from outside the building, structure or vehicle. Product and price lists allowed 7.3(2) Notwithstanding subsection (1), a place or premises described in clause (1)⁠(a) may have signage that lists the tobacco or tobacco-related products offered for sale and their prices, if the signage complies with the requirements specified in the regulations. 7.3(3) [Repealed] S.M. 2012, c. 19, s. 5 . S.M. 2002, c. 37, s. 4 ; S.M. 2012, c. 19, s. 5 . Regulations re display and advertising — vapour products 7.3.1(1) Subsections (2) and (3) do not apply in relation to a place or premises for which the sale of vapour products is the major activity, if the place or premises is prescribed for the purpose of those subsections in the regulations. Vapour products not to be displayed 7.3.1(2) No person shall display or permit to be displayed a vapour product such that it is visible to children in any place or premises in which vapour products are sold. Vapour products not to be advertised or promoted 7.3.1(3) No person shall advertise or promote a vapour product (a) in any place or premises in which vapour products are sold; (b) in any place or premises to which children are permitted access; (c) on an outdoor sign of any type, including (i) a billboard or portable sign, or (ii) a sign on a bench, vehicle, building or other structure; or (d) inside a building or other structure or vehicle if the advertisement or promotion is visible from outside the building, structure or vehicle. Product and price lists allowed 7.3.1(4) Notwithstanding subsection (3), a place or premises described in clause (3)⁠(a) may have signage that lists the vapour products offered for sale and their prices, if the signage complies with the requirements specified in the regulations. S.M. 2015, c. 36, s. 13 . Inspectors 7.4(1) The minister may designate any persons or the members of any class of persons as inspectors for the purposes of this Act. A police officer, police constable, constable or special constable, and a member of the Royal Canadian Mounted Police is also an inspector for the purposes of this Act. Identification cards 7.4(2) The minister may issue an identification card to an inspector. S.M. 2004, c. 17, s. 5 . Inspection authority 7.5(1) When reasonably required to administer or determine compliance with this Act or the regulations, an inspector may enter and inspect any premises, place, area or public vehicle at any reasonable time. Additional powers 7.5(2) In addition to the powers referred to in subsection (1), when reasonably required to administer or determine compliance with this Act or the regulations, an inspector may (a) make any inspection, investigation, examination, test, analysis or inquiry that he or she considers necessary; (b) require any substance or thing to be produced for inspection, examination, testing or analysis; (c) seize or take samples of any substance or thing; or (d) take photographs or videotapes of any premises, place, area or public vehicle, or of any substance or thing. Assistance to inspector 7.5(3) A proprietor must give an inspector any information that the inspector reasonably requires and all reasonable assistance to enable the inspector to carry out his or her duties. S.M. 2004, c. 17, s. 5 . Person may report suspected violation 7.6(1) Any person who reasonably believes that a violation of this Act or the regulations has occurred, or may occur, may report the circumstances leading to that belief to an inspector. Protection from liability 7.6(2) No action or other proceeding may be brought against a person for providing information in good faith under this section. Adverse employment action prohibited 7.6(3) No employer shall take adverse employment action against an employee because that person provided information in good faith under this section. Interference or harassment prohibited 7.6(4) No person shall interfere with or harass a person who provides information under this section. S.M. 2004, c. 17, s. 5 . General offence and penalty 8(1) A person who contravenes a provision of this Act other than section 2, 5 or 5.2, or a provision of the regulations, is guilty of an offence and is liable on summary conviction, (a) for a first offence, to a fine of not more than $3,000.; (b) for a second offence, to a fine or not more than $5,000.; (c) for a third or subsequent offence, to a fine of not more than $15,000. Offence and penalty: contravention of subsection 2(1) or (1.1) or section 5.2 8(2) An individual who contravenes subsection 2(1) or (1.1) or section 5.2 is guilty of an offence and is liable on summary conviction, (a) for a first offence, to a fine of not less than $100. and not more than $500.; (b) for a second offence, to a fine of not less than $200. and not more than $750.; and (c) for a third or subsequent offence, to a fine of not less than $300. and not more than $1000. Offence and penalty: contravention of subsection 2(2) or section 5 8(2.1) An individual or a corporation that contravenes subsection 2(2) or section 5 is guilty of an offence and is liable on summary conviction, (a) for a first offence, to a fine of not less than $500. and not more than $3,000.; (b) for a second offence, to a fine of not less than $750. and not more than $5,000.; and (c) for a third or subsequent offence, to a fine of not less than $1,000. and not more than $15,000. Limitation period 8(3) Any prosecution for an offence under this Act may be commenced within one year after the date the offence is committed and no later. S.M. 1994, c. 24, s. 9 ; S.M. 2002, c. 37, s. 5 ; S.M. 2004, c. 17, s. 6 ; S.M. 2015, c. 36, s. 14 ; S.M. 2018, c. 18, s. 8 . Directors and officers of corporations 8.1 If a corporation commits an offence under this Act or the regulations, a director or officer of the corporation who authorized, permitted or acquiesced in the commission of the offence is also guilty of the offence and is liable on summary conviction to a fine of not more than the amount that could be levied against the corporation. S.M. 2002, c. 37, s. 6 . Regulations 9(1) The Lieutenant Governor in Council may make regulations (a) exempting a class of enclosed public places from the application of this Act; (a.0.1) prescribing a product or device for the purpose of the definition "e-cigarette"; (a.0.2) specifying additional criteria for the purpose of the definition "vapour product shop"; (a.1) prescribing places or classes of places for the purpose of the definition "enclosed public place"; (a.2) prescribing places or classes of places for the purpose of the definition "group living facility"; (a.3) for the purpose of subsection 1(2), prescribing criteria for determining whether outdoor eating or drinking areas are enclosed public places or indoor workplaces under this Act; (a.4) prohibiting the smoking or use in an e-cigarette of a specified product in one or more classes of group living facilities; (b) [repealed] S.M. 2004, c. 17, s. 7 ; (c) respecting the form and content, the manner of posting and the location of signs required or permitted under this Act; (d) generally for carrying out the purposes and provisions of this Act; (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; (e) respecting the packaging and labelling of tobacco and tobacco products or vapour products, including the size of packages of tobacco and tobacco products or vapour products; (f) prescribing things that are used in association with tobacco as tobacco-related products; (f.1) for the purpose of clause 6.3(d), prescribing a place or premises, or a class of places or premises; (g) for the purpose of subsections 7(3) and 7.0.1(2), prescribing documentation that may be used to verify the age of a person; (h) for the purpose of section 7.2 or subsection 7.3(1), prescribing a place or premises, or a class of places or premises, in which tobacco or tobacco-related products may be displayed, advertised, or promoted; (h.1) for the purpose of subsections 7.3.1(2) and (3), prescribing a place or premises, or a class of places or premises, in which vapour products may be displayed, advertised or promoted; (i) defining any word or phrase used but not defined in this Act, including "separate ventilation system" and "substantially renovated" for the purpose of sections 3 and 4. Regulations may establish classes 9(1.1) A regulation under subsection (1) may be general or particular in its application and may provide differently for different classes of persons, things, places, areas or activities, and to the whole or any part of the province. Advisory committee to provide advice 9(2) Before making a recommendation to the Lieutenant Governor in Council respecting regulations under clause (1)⁠(c) relating to signage permitted under subsection 7.3(2), the minister shall seek the advice and recommendations of the advisory committee established under section 9.1. S.M. 1994, c. 24, s. 10 ; S.M. 2002, c. 37, s. 7 ; S.M. 2004, c. 17, s. 7 ; S.M. 2012, c. 19, s. 6 ; S.M. 2015, c. 36, s. 15 ; S.M. 2017, c. 22, s. 23 ; S.M. 2018, c. 18, s. 9 . Advisory committee to be established 9.1(1) The minister shall establish an advisory committee to provide to the minister, at his or her request, advice and recommendations on issues relating to the display, advertising and promotion of tobacco and tobacco-related products. Composition of advisory committee 9.1(2) At least 1/3 of the members of the advisory committee established under subsection (1) shall be persons who, in the opinion of the minister, are representative of tobacco retailers. S.M. 2002, c. 37, s. 8 . Protection from liability 9.2 No action or proceeding may be brought against the minister, an inspector or any other person acting under the authority of this Act or the regulations for anything done or not done, or for any neglect, (a) in the performance or intended performance of a duty under this Act or the regulations; or (b) in the exercise or intended exercise of a power under this Act or the regulations; unless the person was acting in bad faith. S.M. 2004, c. 17, s. 8 . Act binds the Crown 9.3 This Act binds the Crown. S.M. 2004, c. 17, s. 8 . 9.4 [Repealed] S.M. 2004, c. 17, s. 8 ; S.M. 2018, c. 18, s. 10 ; S.M. 2021, c. 49, s. 2 . Reference in C.C.S.M. 10 This Act may be referred to as chapter S150 of the Continuing Consolidation of the Statutes of Manitoba . S.M. 2005, c. 42, s. 37 ; S.M. 2018, c. 18, s. 11 . Commencement of Act 11 This Act comes into force on a day fixed by proclamation. NOTE: S.M. 1989-90, c. 41 came into force by proclamation on April 22, 1991.