Canadian HR Reporter Weekly

2 Canadian HR Reporter, a Thomson Reuters business 2018 CANADIAN HR REPORTER WEEKLY Expanded prohibitions regarding electronic cigarettes and medical cannabis in the workplace will require ac- tion from Ontario employers as of July 1. e updated Smoke-Free Ontario Act, 2017, repeals the existing Electronic Cigarettes Act, 2015, and Smoke-Free Ontario Act and replaces them with a single legislative framework to regulate the sale, supply, use, display and promotion of tobacco and vapour products, as well as the smoking and vaping of medical cannabis. Enacted in December as part of omnibus Bill 174, Cannabis, Smoke-Free Ontario and Road Safety Statute Law Amendment Act, 2017, the refreshed legislation serves as the provincial framework anticipating the federal government's ruling on recreational cannabis later this year, according to Sophie Arseneault, employment lawyer at Fasken in Ottawa. e provincial updates will affect employers in several ways, she said. "Any employer who has a smoke-free or scent-free policy, any policies that may address an environment where you address cigarette use, or even alcohol and drug use, it would be a good time to look at this before July 1." More than tobacco When the updated act takes effect in Ontario, smoking tobacco, medical cannabis or using electronic ciga- rettes will be prohibited in several locations, such as enclosed public places, workplaces or any designated areas over which an employer exercises control, ac- cording to Arseneault. Meanwhile, the use of recreational cannabis will be confined to private premises within Ontario. Employers will be required to comply with the legislation by posting signage respecting the prohibitions, and removing any individuals who refuse to comply with the legislation. e act also provides protection for home health-care workers from second-hand smoke or vapour — they will have the right to leave their employer's premise, unless doing so would present immediate serious danger to the health of any person, even if the patient is legally entitled to use the substances, said Arseneault. Further changes will ensure anyone operating a motor vehicle is prohibited from smoking medical cannabis, while electronic cigarettes will not be allowed to be consumed in a vehicle where a passenger younger than 16 years old is present. Essentially, the rules are being updated to include medical cannabis and electronic cigarettes, said Maureen Quinlan, employment lawyer at Hicks Morley in Toronto. "Now, officially, we will be prevented from using electronic cigarettes or vaping in the workplace in enclosed spaces." Updates required While employer and proprietor obligations under the Smoke-Free Ontario Act essentially remain the same, updates will be necessary to ensure prohibitions now include electronic cigarettes and medical cannabis. Mandatory signage making employees and patrons aware of the prohibitions is a key element of the updated legislation, said Quinlan. "It's very important to have the new signs posted in the workplace on July 1 and following, because there are penalties under the act if you don't meet those signage requirements." Workplace vaping, medical cannabis addressed in Ontario's legislation Updated Smoke-Free Ontario Act takes effect July 1 BY MARCEL VANDER WIER Sign up for the Canadian HR Newswire today for free and enjoy great content from the publishers of Canadian HR Reporter. HR News at Your Fingertips THE LATEST NEWS THE BEST COMMENTARY DELIVERED WEEKLY FOR READING ON ANY DEVICE Visit www.hrreporter.com/ canadian-hr-newswire

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