Non-smokers’ Health Act (R.S.C., 1985, c. 15 (4th Supp.))

Marginal note:Proceedings against Crown

8 Notwithstanding any other Act of Parliament, proceedings in respect of an offence under this Act may be brought against an employer that is an agent of Her Majesty in the employer’s own name, or against a person acting on behalf of such an employer, in the same manner as if that employer were a person not an agent of Her Majesty, and a fine imposed against the employer in such proceedings may be paid out of any funds held by the employer.

Marginal note:Provincial Crown corporations

8.1 The Governor in Council may by regulation direct that this Act applies in respect of any employment, or any class or classes of employment, on or in connection with a work or undertaking set out in the regulation that is, or is part of, a corporation that is an agent of Her Majesty in right of a province and whose activities are regulated, in whole or in part, pursuant to the Nuclear Safety and Control Act.

Marginal note:Exclusion from application

• 8.2 (1) The Governor in Council may by regulation exclude, in whole or in part, from the application of any or all of the provisions of this Act any employment, or any class or classes of employment, on or in connection with a work or undertaking set out in the regulation whose activities are regulated, in whole or in part, pursuant to the Nuclear Safety and Control Act.

• Marginal note:Regulations

  (2) On the recommendation of the Minister of Labour, the Governor in Council may make regulations respecting smoking in a workplace at which is carried on employment that is subject to a regulation made under subsection (1).

• Marginal note:Incorporation of provincial law

  (3) A regulation made under subsection (2) incorporating by reference, in whole or in part, an Act of the legislature of a province or an instrument made under such an Act may incorporate the Act or instrument as amended to a certain date or from time to time.

• Marginal note:Application of regulation

  (4) A regulation made under subsection (2) may apply

  • (a) generally, with respect to all employment that is subject to a regulation made pursuant to subsection (1); or

  • (b) to any class or classes of employment that are subject to a regulation made pursuant to subsection (1).

• Marginal note:Administration and enforcement

  (5) A regulation made under subsection (2) incorporating an Act or instrument shall, after consultation by the Minister of Labour with the appropriate provincial minister, be administered and enforced by the person or authority that is responsible for the administration and enforcement of the Act or instrument.

• Marginal note:Offence and penalty

  (6) Every person who contravenes a regulation made under subsection (2) by contravening a provision of an Act of the legislature of a province that, or an instrument made under such an Act that, is incorporated by the regulation is guilty of an offence against this Act and liable to the same punishment as is imposed by or under an Act of that legislature for the contravention of that provision.

• Marginal note:Procedure

  (7) The prosecution of an offence in respect of a contravention described in subsection (6) shall be commenced by the attorney general of the province in which the offence was committed.

Marginal note:Designation of inspectors

• 9 (1) The Minister of Labour may designate any person to be an inspector for the purposes of sections 10 and 14.

• Marginal note:Provincial inspectors

  (2) The Minister of Labour may, with the approval of the Governor in Council, enter into an agreement with the government of a province or an agency thereof stipulating terms and conditions under which a person employed by that government or agency may act as an inspector for the purposes of this Act, and a person so employed and so referred to in the agreement shall be deemed to be designated an inspector under this section at the time fixed by or under the agreement.

• Marginal note:Certificates

  (3) The Minister of Labour shall provide an inspector with a certificate of the inspector’s authority and, on entering any work space referred to in section 10, the inspector shall, on demand by the person in charge of that place, produce the certificate for examination by that person.

Marginal note:Inspection of premises

• 10 (1) For the purpose of verifying compliance with this Act, an inspector may at any reasonable time enter and inspect any work space under the control of an employer.

• Marginal note:Assistance to inspectors

  (2) The person in charge of a work space entered by an inspector pursuant to subsection (1) and every person found in that place shall give the inspector all reasonable assistance to enable the inspector to carry out the inspector’s duties and shall furnish the inspector with any information that the inspector has reasonable grounds to believe is required to carry out the inspection.

• Marginal note:Obstruction

  (3) No person shall wilfully obstruct an inspector in the performance of the inspector’s duties under this section.

Marginal note:Offence and punishment

• 11 (1) Every employer who contravenes section 3 or subsection 4(2) or 5(4) is guilty of an offence and is liable on summary conviction

  • (a) for a first offence, to a fine not exceeding one thousand dollars; and

  • (b) for a subsequent offence, to a fine not exceeding ten thousand dollars.

• Marginal note:Idem

  (2) Every person who contravenes subsection 4(1) or 5(3) is guilty of an offence and is liable on summary conviction

  • (a) for a first offence, to a fine not exceeding fifty dollars; and

  • (b) for a subsequent offence, to a fine not exceeding one hundred dollars.

• Marginal note:Idem

  (3) Every person who contravenes section 10 is guilty of an offence and is liable on summary conviction to a fine not exceeding one thousand dollars.

Marginal note:Offence outside Canada

12 Proceedings in respect of an offence under this Act alleged to have been committed outside Canada may be brought in a court of competent jurisdiction for any judicial division in Canada in which the accused person is found, as if the offence had been committed in that judicial division.

Marginal note:Service on corporations, etc.

13 Service of a summons under the Criminal Code or a ticket under this Act on an employer that is not an individual may be effected by delivery of the summons or ticket to the president, secretary or other executive officer of the employer, to the person appearing to have the control or management of any establishment of the employer, or to the employee or agent by whose act or omission the employer is alleged to have committed the offence.

Marginal note:Proceedings commenced by ticket

• 14 (1) An inspector or peace officer who has reasonable grounds to believe that an offence has been committed under this Act may serve a ticket in the form prescribed by the regulations, completed and signed by the inspector or peace officer, by causing the ticket to be delivered to the person believed to have committed the offence, if an individual, or to a person referred to in section 13 in any other case.

• Marginal note:Laying of information

  (2) Either before or after service of a ticket, an information under oath shall be laid before a justice in respect of the offence alleged in the ticket.

• Marginal note:Voluntary guilty plea

  (3) A person on whom a ticket is served or, where service is effected in accordance with section 13, a person acting on behalf of the employer so served may, within fifteen days after it is served, complete and sign the plea of guilty set out in the ticket and deliver or mail the plea, together with the fine fixed by the regulations and specified in the ticket, to the court specified in the ticket.

• Marginal note:Conviction

  (4) Acceptance by the court of a payment made under subsection (3) constitutes a plea of guilty, whether or not the plea is signed or the signature is proved, and endorsement of the payment on the ticket constitutes the conviction of the person for the offence.

• Marginal note:Proof of service

  (5) Service of a ticket may be proved by the oral evidence given under oath of the person who served it or by the affidavit of that person made before a justice or other person authorized to administer oaths or take affidavits.

• Marginal note:Default conviction

  (6) Where no plea is entered in respect of an offence that is alleged in a ticket and service of the ticket is proved before a justice, the justice shall examine the information laid pursuant to subsection (2) and, if it is complete and regular on its face, shall enter a conviction in the accused’s absence and impose a fine in the amount prescribed by the regulations and specified in the ticket.

• Marginal note:Expressions used in Criminal Code

  (7) In this section, the expressions “justice” and “peace officer” have the same meaning as in the Criminal Code.

Hazardous Products Act

15 [Amendments]

Commencement

Marginal note:Coming into force

Footnote ^*16 This Act shall come into force on the day that is six months after the day on which An Act to amend the Non-smokers’ Health Act is assented to.

• Return to footnote ^*[Note: Act in force December 29, 1989, see 1989, c. 7.]