The appellant, a pub owner, challenged a municipal by-law requiring employers to adopt and implement a non-smoking policy in their workplaces.
He argued the Municipal Act did not authorize the municipality to compel him to adopt a written policy.
The application judge dismissed the challenge.
On appeal, the Court of Appeal held that while the Act does not expressly authorize the requirement, the express power to prohibit smoking in workplaces carries with it the implied power to require employers to adopt, implement, and post a non-smoking policy.
The appeal was dismissed.
