New Brunswick | New Brunswick

Cannabis Control Act

Bill 16, the Cannabis Control Act, was introduced on 9 November, 2017 and received royal assent on 16 March 2018. It will come into force upon proclamation, but not before the federal Cannabis Act (Bill C-45) receives Royal Assent.

The purpose of the bill, among other things, is to protect the health and safety of residents of the Province, including those of vulnerable populations, and to enhance public awareness of the adverse health effects of cannabis by restricting access to cannabis and limiting inducements to consume cannabis.

Despite any other provision of this Act or the regulations, no person shall smoke cannabis or medical use cannabis in a place where smoking is prohibited under the Smoke-free Places Act. Note that the definition of smoke includes vaping and use of a waterpipe.

No person who is 19 years of age or older shall consume cannabis unless the person is in lawful possession of the cannabis and

(a) is in a private dwelling and has obtained the consent of the occupant;
(b) is on vacant land and has obtained the consent of the owner or occupant, or
(c) is in a place prescribed by regulation and in the circumstances prescribed by regulation, if any.

For greater certainty, no person who is 19 years of age or older shall consume cannabis in a place to which the public has access as of right or by express or implied invitation, or any other place prescribed by regulation.

No person shall consume cannabis or medical use cannabis in or on a vehicle whether it is in motion or not, that is:
(i) on a highway as defined in the Motor Vehicle Act,
(ii) on a roadway, an all-terrain vehicle managed trail or a motorized snow vehicle managed trail as those terms are defined in the Off-Road Vehicle Act, or
In a place prescribed by regulation and in the circumstances prescribed by regulation, if any.

The Lieutenant-Governor in Council may make regulations prescribing places where consumption of cannabis is prohibited for the purposes of subsection 17(2);

Note that with the exception of use in a vehicle, this Act does not apply to an activity in respect of medical use cannabis.

Products Included

Cannabis, Electronic Smoking Devices, Waterpipes

Definitions

“Cannabis” means cannabis as defined in the Cannabis Act (Canada);

“Cannabis accessory” means cannabis accessory as defined in the Cannabis Act (Canada);

“Cannabis plant” means cannabis plant as defined in the Cannabis Act (Canada);

“Smoke” means smoke as defined in the Smoke-free Places Act, which means:

  • to smoke, hold or otherwise have control over an ignited tobacco product or another ignited substance that is intended to be smoked, or
  • 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.

Places Smoking Prohibited

Beaches
Cemetaries
Child daycare and pre-school grounds
Construction Sites
Doorways, air intakes, operable windows
E-cigarettes (indoors)
E-cigarettes (outdoors)
Enclosed public places
Enclosed workplaces
Golf Courses
Hospital Grounds
Markets
Municipal Property
Outdoor Events
Parks
Patios - Restaurants and Bars
Playgrounds, which may include Splash Pads and Wading Pools
Post-secondary Education Campuses
Private Vehicles with Children Present
School Bus Stops
School property
Sidewalks
Sports and Recreational Fields and Facilities
Streets
Student Dormitories
Trails
Transit Shelters/Stops
Vehicles
Vehicles with Foster Care Children
Waterpipes (indoors)
Waterpipes (outdoors)
Zoos

Policy Analysis

Unless permitted by regulation, smoking and vaping cannabis (including in a waterpipe) is prohibited everywhere except private dwellings and private vacant lands. There is a concern about increased exposure to second-hand smoke in multi-unit housing unless outdoor designated smoking areas are created by regulation.

Also note that only that part of a private residence in which a home business is operated is considered an indoor workplace under the Smoke-Free Places Act. This includes home-based children’s daycare. There is also no legislated protection for healthcare workers who provide services in private homes.

Enforcement

The Minister may appoint or designate inspectors for the purpose of this Act.

Date Passed: March 16, 2018

Date in Force:

Date Last Amended:

Leading Edge:

Level of Government: Provincial/Territorial

Smoke-free Ontario Act Status:

Bylaw Under Development? No

Supporting Information

Please find contact information related to this bylaw, and links to supporting materials.

Bill 16, Cannabis Control Act

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