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Smoke-Free Ontario Act

S.O. 1994, CHAPTER 10

Consolidation Period: From June 4, 2007 to the e-Laws currency date.

Last amendment: 2007, c. 10, Sched. J, s. 4.

SKIP TABLE OF CONTENTS

CONTENTS

Definitions

1.  (1)  In this Act,

“employee” means a person who performs any work for or supplies any services to an employer, or a person who receives any instruction or training in the activity, business, work, trade, occupation or profession of an employer; (“employé”)

“employer” includes an owner, operator, proprietor, manager, superintendent, overseer, receiver or trustee of an activity, business, work, trade, occupation, profession, project or undertaking who has control or direction of, or is directly or indirectly responsible for, the employment of a person in it; (“employeur”)

“enclosed public place” means,

(a) the inside of any place, building or structure or vehicle or conveyance or a part of any of them,

(i) that is covered by a roof, and

(ii) to which the public is ordinarily invited or permitted access, either expressly or by implication, whether or not a fee is charged for entry, or

(b) a prescribed place; (“lieu public clos”)

“enclosed workplace” means,

(a) the inside of any place, building or structure or vehicle or conveyance or a part of any of them,

(i) that is covered by a roof,

(ii) that employees work in or frequent during the course of their employment whether or not they are acting in the course of their employment at the time, and

(iii) that is not primarily a private dwelling, or

(b) a prescribed place; (“lieu de travail clos”)

“Minister” means the Minister of Health and Long-Term Care, unless otherwise specified; (“ministre”)

“prescribed” means prescribed by the regulations; (“prescrit”)

“regulations” means the regulations made under this Act. (“règlements”) 1994, c. 10, s. 1; 2005, c. 18, s. 3 (1).

Private dwelling

(2)  For greater certainty, and without restricting the generality of the expression, the following are primarily private dwellings for the purposes of the definition of “enclosed workplace” in subsection (1):

1. Private self-contained living quarters in any multi-unit building or facility.

2. Any other prescribed place. 2005, c. 18, s. 3 (2).

Application

2.  This Act applies to tobacco in any processed or unprocessed form that may be smoked, inhaled or chewed, including snuff, but does not apply to products intended for use in nicotine replacement therapy. 1994, c. 10, s. 2.

Provision of Tobacco to Persons under 19

Selling or supplying to persons under 19

3.  (1)  No person shall sell or supply tobacco to a person who is less than 19 years old. 1994, c. 10, s. 3 (1).

Apparent age

(2)  No person shall sell or supply tobacco to a person who appears to be less than 25 years old unless he or she has required the person to provide identification and is satisfied that the person is at least 19 years old. 2005, c. 18, s. 4 (1).

Defence

(3)  It is a defence to a charge under subsection (1) or (2) that the defendant believed the person receiving the tobacco to be at least 19 years old because the person produced a prescribed form of identification showing his or her age and there was no apparent reason to doubt the authenticity of the document or that it was issued to the person producing it. 1994, c. 10, s. 3 (3).

Vicarious liability

(4)  The owner of a business where tobacco is sold shall be deemed to be liable for any contravention of subsection (1) or (2) on the premises where the contravention took place, unless the owner exercised due diligence to prevent such a contravention. 2005, c. 18, s. 4 (2).

(5)  Repealed: 2005, c. 18, s. 4 (2).

Improper documentation

(6)  No person shall present as evidence of his or her age identification that was not lawfully issued to him or her. 1994, c. 10, s. 3 (6).

Display and Promotion

Display

3.1  (1)  No person shall,

(a) display or permit the display of tobacco products in any place where tobacco products are sold or offered for sale by means of a countertop display; or

(b) display or permit the display of tobacco products in any place where tobacco products are sold or offered for sale in any manner that permits the purchaser to handle the tobacco product before purchasing it. 2005, c. 18, s. 5 (1).

Same, cigarettes

(2)  No person shall display or permit the display of cigarettes in any place where cigarettes are sold or offered for sale unless the cigarettes are displayed in the following manner:

1. Only individual cigarette packages are displayed. 2005, c. 18, s. 5 (1).

Note: Effective May 31, 2008, subsection (2) is repealed by the Statutes of Ontario, 2005, chapter 18, subsection 5 (2) and the following substituted:

Display

(2)  No person shall display or permit the display of tobacco products in any place where tobacco products are sold or offered for sale in any manner that will permit a consumer to view any tobacco product before purchasing the tobacco product. 2005, c. 18, s. 5 (2).

See: 2005, c. 18, ss. 5 (2), 19 (3).

Promotion

(3)  No person shall, in any place where tobacco products are sold or offered for sale, promote the sale of tobacco products through product association, product enhancement or any type of promotional material, including, but not limited to,

(a) decorative panels and backdrops associated with particular brands of tobacco products;

(b) backlit or illuminated panels;

(c) promotional lighting;

(d) three-dimensional exhibits; or

(e) any other device, instrument or enhancement. 2005, c. 18, s. 5 (1).

Regulations

(4)  The Lieutenant Governor in Council may make regulations governing what constitutes promotional material for the purposes of this section. 2005, c. 18, s. 5 (1).

Interpretation

(5)  In this section, “tobacco product” includes the package in which tobacco is sold. 2005, c. 18, s. 5 (1).

Places of entertainment

3.2  (1)  No person shall employ or authorize anyone to promote tobacco or the sale of tobacco at any place of entertainment that the person owns, operates or occupies. 2005, c. 18, s. 6.

Definition

(2)  In this section,

“place of entertainment” means a place to which the public is ordinarily invited or permitted access, either expressly or by implication, whether or not a fee is charged for entry, and which is primarily devoted to eating, drinking or any form of amusement. 2005, c. 18, s. 6.

Prohibition of Sale in Designated Places

Sale in designated places

4.  (1)  No person shall sell tobacco in a designated place. 1994, c. 10, s. 4 (1).

Designated places

(2)  The following are designated places:

1. A hospital as defined in the Public Hospitals Act.

2. A private hospital as defined in the Private Hospitals Act.

3. A psychiatric facility as defined in the Mental Health Act, except, in the case of a facility that is designated under the Mental Hospitals Act, a part of the facility where the sale of tobacco is authorized by the regulations.

4. A nursing home as defined in the Nursing Homes Act.

Note: On a day to be named by proclamation of the Lieutenant Governor, paragraph 4 is repealed by the Statutes of Ontario, 2007, chapter 8, subsection 227 (1) and the following substituted:

4. A long-term care home within the meaning of the Long-Term Care Homes Act, 2007.

See: 2007, c. 8, ss. 227 (1), 232 (2).

5. An approved charitable home for the aged under the Charitable Institutions Act.

Note: On a day to be named by proclamation of the Lieutenant Governor, paragraph 5 is repealed by the Statutes of Ontario, 2007, chapter 8, subsection 227 (1). See: 2007, c. 8, ss. 227 (1), 232 (2).

6. Repealed: 2005, c. 18, s. 7 (1).

7. A home as defined in the Homes for the Aged and Rest Homes Act.

Note: On a day to be named by proclamation of the Lieutenant Governor, paragraph 7 is repealed by the Statutes of Ontario, 2007, chapter 8, subsection 227 (1). See: 2007, c. 8, ss. 227 (1), 232 (2).

8. A pharmacy as defined in the Drug and Pharmacies Regulation Act.

9. An establishment where goods or services are sold or offered for sale to the public, if,

i. a pharmacy as defined in the Drug and Pharmacies Regulation Act is located within the establishment, or

ii. customers of such a pharmacy can pass into the establishment directly or by the use of a corridor or area used exclusively to connect the pharmacy with the establishment.

10. A place that belongs to a prescribed class. 1994, c. 10, s. 4 (2); 2005, c. 18, s. 7 (1).

(3)  Repealed: 2005, c. 18, s. 7 (2).

Packaging, Health Warnings and Signs

Packaging requirements

5.  (1)  No person shall sell or offer to sell tobacco at retail or for subsequent sale at retail or distribute or offer to distribute it for that purpose unless,

(a) the tobacco is packaged in accordance with the regulations; and

(b) the package bears or contains a health warning and other information in accordance with the regulations. 1994, c. 10, s. 5 (1).

Same, cigarettes

(2)  No person shall sell or offer to sell cigarettes at retail or for subsequent sale at retail or distribute or offer to distribute them for that purpose unless the cigarettes are contained in packages of at least 20 cigarettes or such greater number as may be prescribed by regulation. 1994, c. 10, s. 5 (2).

Signs

6.  No person shall, in any place, sell or offer to sell tobacco at retail unless signs bearing health warnings and other information and referring to the prohibitions imposed by section 3 are posted at the place in accordance with the regulations. 1994, c. 10, s. 6.

Vending Machines

Vending machines: general prohibition

7.  (1)  No person shall permit a vending machine for selling or dispensing tobacco to be in a place that the person owns or occupies. 1994, c. 10, s. 7 (1).

Exceptions

(2)  Subsection (1) does not apply with respect to a vending machine that contains no tobacco and,

(a) is in a place to which the public does not have access; or

(b) is inoperable. 1994, c. 10, s. 7 (2).

(3)  Repealed: 2005, c. 18, s. 8.

Reports from Wholesalers and Distributors

Reports

8.  A person who, in Ontario, sells or distributes tobacco for subsequent sale at retail shall submit reports to the Minister in accordance with the regulations. 1994, c. 10, s. 8; 2005, c. 18, s. 2.

Controls Relating to Smoking Tobacco

Prohibition

9.  (1)  No person shall smoke tobacco or hold lighted tobacco in any enclosed public place or enclosed workplace. 2005, c. 18, s. 9.

Other prohibitions

(2)  No person shall smoke or hold lighted tobacco in the following places or areas:

1. A school as defined in the Education Act.

2. A building or the grounds surrounding the building of a private school, where the private school is the only occupant of the premises, or the grounds annexed to a private