1(1)The following definitions apply in this Act.
“electronic cigarette” means a vaporizer or inhalant-type device, whether called an electronic cigarette or any other name, that contains a power source and heating element designed to heat a substance and produce a vapour intended to be inhaled directly through the mouth by the user of the device, whether or not the vapour contains nicotine.(cigarette électronique)
“employee” includes any person who is receiving instruction or training, or who is serving an apprenticeship.(employé)
“employer” includes any person who has control over or direction of, or who is directly or indirectly responsible for, a person’s activities as an employee.(employeur)
“enclosed public place” means all or any part of a building or other enclosed place, other than a group living facility, to which members of the public have access as of right or by express or implied invitation, and includes
(endroit public fermé)
(a)
the common areas of multiunit residential building,
(b)
an outdoor bus or taxi shelter,
(c)
an outdoor eating or drinking area referred to in subsection (2),
(c.1)
a place that is more than 70% enclosed by a wall or a roof or a combination of the two, and
(d)
any other place prescribed by regulation.
“group living facility” means
(établissement où les gens vivent en groupe)
(a)
a facility for the long-term care of veterans,
(b)
a nursing home as defined in the
Nursing Homes Act,
(c)
a psychiatric facility as defined in the
Mental Health Act,
(d)
a residential facility in which care services approved by the Minister of Social Development under the
Family Services Act are provided for adults,
(e)
a transition house approved by the Minister of Social Development under the
Family Services Act, and
(f)
any other place prescribed by regulation.
“indoor workplace” means an enclosed place, other than a vehicle, in which employees perform the duties of their employment and includes an adjacent corridor, lobby, stairwell, elevator, escalator, eating area, washroom, restroom or other enclosed area frequented by employees during the course of their employment, but does not include a private residence unless it meets the requirements of subsection (3).(lieu de travail intérieur)
“inspector” means an inspector designated or appointed under this Act.(inspecteur)
“licensed premises” means an enclosed place in respect of which a licence or permit issued under the Liquor Control Act applies and to which members of the public have access.(établissement titulaire d’une licence)
“manager” means
(gérant)
(a)
with respect to a place or area, the person who controls, governs or directs the activities carried on in the place or area, and includes the owner of the place or area and a person who is actually in charge of the place or area, and
(b)
with respect to a vehicle or ferry, the registered owner of the vehicle or ferry, or the operator of the vehicle or ferry at any particular time.
“Minister” means the Minister of Health.(ministre)
“outdoor public place” means an outdoor place to which members of the public have access as of right or by express or implied invitation.(endroit public extérieur)
“playground equipment” includes, but is not limited to, slides, swings, climbing structures, splash pads, wading pools and sandboxes.(matériel pour terrains de jeux)
“public vehicle” means a motor vehicle or ferry that is used or made available for public transit or is used to transport members of the public, but only during any period that the vehicle is available for hire, including any break period.(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 a licensed premises or a portion of a licensed premises.(restaurant)
“smoke” means
(fumer)
(a)
to smoke, hold or otherwise have control over an ignited tobacco product or another ignited substance that is intended to be smoked, or
(b)
to inhale or exhale vapour from, or to hold or otherwise have control over,
(i)
an activated electronic cigarette,
(ii)
an activated water pipe, or
(iii)
another activated device containing a substance that is intended to be inhaled or exhaled.
“sports area” includes, but is not limited to, beaches, sports fields, sports courts, skateboard parks, skating rinks, swimming pools and spectator stands, but does not include golf courses.(aire d’activités sportives)
“tobacco product” means a product manufactured from tobacco and intended to be smoked.(produits du tabac)
“wall” or “roof” means a barrier of any size that is capable of excluding rain, including a moveable barrier, whether in use or not, and a window or door, whether open or closed.(mur)(toit)
“water pipe” means a pipe or inhalant-type device, whether called a water pipe or any other name, that contains a water reservoir designed to heat a substance and produce a vapour intended to be inhaled directly through the mouth by the user of the device, whether or not the vapour contains nicotine or a tobacco product.(pipe à eau)