Cannabis Posting Requirements for Employers

Maryanne, November 5, 2018

Bill 36, the Cannabis Law Statute Amendment Act, 2018 created the new Cannabis Licensing Act, 2018, and amended a number of provincial statutes by integrating the legalization of recreational cannabis in Canada. Bill 36 legalized the use of medical and recreational cannabis to locations where smoking tobacco is permitted under the Smoke-Free Ontario Act, 2017 (“SFOA”). While cannabis has been legalized in Canada as of October 17, 2018, there are still restrictions to where smoking or vaping cannabis, like tobacco, is not permitted as outlined in the SFOA. One such location is an enclosed workplace.

Section 14 of the SFOA sets out an employer’s obligations with respect to smoking or vaping cannabis, in addition to tobacco, in light of the new legislation. Specifically, section 14 (1)(c) requires employers to post signs respecting the prohibition of smoking or vaping tobacco or cannabis throughout the workplace in a conspicuous manner and in an unobstructed from view. The legislation instructs employers to post a sufficient number of signs at each entrance, exit and washroom so that employees and the public know that vaping or smoking tobacco or cannabis is not permitted in the workplace. With respect to the signs an employer must post, the legislation states that an employer must choose to post one of the two following options:

1. a 10 by 10 sign (at least 10 centimeters in height and at least 10 centimeters in width) that is entitled “Tobacco Sign for Employers” and is dated January 1, 2018 AND another 10 by 10 sign (at least 10 centimeters in height and at least 10 centimeters in width) that is entitled “Electronic Cigarette Sign for Employers” and is dated January 1, 2018; or

2. a 15 by 20 sign (at least 15 centimeters in height and at least 20 centimeters in width) that is entitled “Tobacco and Electronic Cigarette Sign for Employers” and is dated January 1, 2018.

The legislation sets out similar requirements for proprietors and others to post similar mandatory no-smoking and no-vaping signs. Proprietors must also post either a 10 by 10 sign (at least 10 centimeters in height and at least 10 centimeters in width) that is entitled “Tobacco Sign for Proprietors” and is dated January 1, 2018 AND another 10 by 10 sign (at least 10 centimeters in height and at least 10 centimeters in width) that is entitled “Electronic Cigarette Sign for Proprietors” and is dated January 1, 2018; or a 15 by 20 sign (at least 15 centimeter in height and at least 20 centimeters in width) that is entitled “Tobacco and Electronic Cigarette Sign for Proprietors” and is dated January 1, 2018. There are also specific posting requirements for hotel, motels and inns similar to the ones stated above for employers and proprietors.

All signs for employers, proprietors, hotels, motels and inns can be found on the Government of Ontario`s website or by clicking here.

For more information, please visit the Government of Ontario`s website below and contact our team if you need any assistance meeting these requirements or have additional questions.

https://www.ontario.ca/page/where-you-cant-smoke-or-vape-ontario

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