Electronic Cigarettes Act, 2015, S.O. 2015, c. 7, Sched. 3

• Jurisdiction: Ontario

Electronic Cigarettes Act, 2015

S.o. 2015, chapter 7
Schedule 3

Historical version for the period December 12, 2017 to October 16, 2018.

Note: This Act is repealed on a day to be named by proclamation of the Lieutenant Governor. (See: 2017, c. 26, Sched. 3, s. 29)

Last amendment: 2017, c. 26, Sched. 3, s. 29.

CONTENTS

Definitions

1 (1) In this Act,

“commercial”, with respect to electronic cigarettes, means something done or prepared for the primary purpose of generating profits from the sale or use of electronic cigarettes, directly or indirectly; (“commercial”)

“electronic cigarette” means any of the following:

1. A vaporizer or inhalant-type device, whether called an electronic cigarette or any other name, that contains a power source and heating element designed to heat a substance and produce a vapour intended to be inhaled by the user of the device directly through the mouth, whether or not the vapour contains nicotine.

2. A component of a device described in paragraph 1.

3. Any other prescribed device or product; (“cigarette électronique”)

“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”)

“promote”, with respect to electronic cigarettes, means to use any commercial act or practice or to use any commercial communication, through any media or other means, that is intended to or is likely to,

(a) encourage the purchase or use of an electronic cigarette or a brand of an electronic cigarette, or

(b) create an awareness of or association with an electronic cigarette, a brand of electronic cigarette or a manufacturer or seller of an electronic cigarette; (“promouvoir”)

“regulations” means the regulations made under this Act; (“règlements”)

“use”, with respect to electronic cigarettes, includes any of the following:

1. Inhaling vapour from an electronic cigarette.

2. Exhaling vapour from an electronic cigarette.

3. Holding an activated electronic cigarette. (“utiliser”)

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.

Selling or supplying to persons under 19

2 (1) No person shall sell or supply an electronic cigarette to a person who is less than 19 years old.

Apparent age

(2) No person shall sell or supply an electronic cigarette 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.

Defence

(3) It is a defence to a charge under subsection (1) or (2) that the defendant believed the person receiving the electronic cigarette 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.

Improper documentation

(4) No person shall present as evidence of his or her age identification that was not lawfully issued to him or her.

Note: Sections 3 to 5 come into force on a day to be named by proclamation of the Lieutenant Governor.

Display, etc.

3 (1) No person shall, in any place where electronic cigarettes are sold or offered for sale, display or permit the display of electronic cigarettes in any manner that would permit a consumer to view or handle an electronic cigarette before purchasing it.

Promotion

(2) No person shall promote electronic cigarettes,

(a) in any place where electronic cigarettes or tobacco products are sold or offered for sale; or

(b) in any manner, if the promotion is visible from outside a place in which electronic cigarettes or tobacco products are sold or offered for sale.

Exceptions

(3) Despite subsection (2), if the regulations so provide, a person may post signs providing information about electronic cigarettes and their price, but only if the signs meet the prescribed conditions.

Same

(4) Despite subsection (2), if the regulations so provide, a person may make available a document providing information about electronic cigarettes and their price, but only if the document meets the prescribed conditions.

Places of entertainment

4 (1) No person shall employ or authorize anyone to promote electronic cigarettes or the sale of electronic cigarettes at any place of entertainment that the person owns, operates or occupies.

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.

Sale in prohibited places

5 (1) Subject to subsection (2), no person shall sell or offer to sell electronic cigarettes in the following places:

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

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

Note: On a day to be named by proclamation of the Lieutenant Governor, paragraph 2 of subsection 5 (1) of the Act is repealed and the following substituted: (See: 2017, c. 25, Sched. 9, s. 93)

2. A community health facility within the meaning of the Oversight of Health Facilities and Devices Act, 2017 that was formerly licensed under the Private Hospitals Act.

3. A psychiatric facility as defined in the Mental Health Act.

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

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

6. 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.

7. A prescribed place or a place that belongs to a prescribed class.

Exemptions

(2) The Lieutenant Governor in Council may make regulations providing for places or classes of places described in subsection (1) where a person may sell electronic cigarettes or classes of electronic cigarettes, subject to any prescribed conditions.

Establishment

(3) For the purposes of paragraph 6 of subsection (1), the reference to an establishment includes an area used by persons to enter or exit the establishment if goods or services are sold or offered for sale in the area by the owner or operator of the establishment.

Section Amendments with date in force (d/m/y)

2017, c. 25, Sched. 9, s. 93- not in force

Signs in retail stores

6 No person shall, in any place, sell or offer to sell electronic cigarettes at retail unless the prescribed signs are posted at the place in the prescribed manner.

Note: Sections 7 and 8 come into force on a day to be named by proclamation of the Lieutenant Governor.

Packaging

7 No person shall sell or offer to sell electronic cigarettes at retail or for subsequent sale at retail or distribute or offer to distribute electronic cigarettes for that purpose unless the electronic cigarettes are packaged in accordance with the regulations.

Flavoured electronic cigarettes

8 No person shall sell or offer to sell a flavoured electronic cigarette that has been prescribed as prohibited at retail or for subsequent sale at retail or distribute or offer to distribute it for that purpose.

Vending machines: general prohibition

9 (1) No person shall permit a vending machine for selling or dispensing electronic cigarettes to be in a place that the person owns or occupies.

...