Smoke-Free Ontario Act, 2017, S.O. 2017, c. 26, Sched. 3

JurisdictionOntario

Smoke-Free Ontario Act, 2017

S.o. 2017, chapter 26
Schedule 3

Consolidation Period: From April 11, 2022 to the e-Laws currency date.

Last amendment: 2021, c. 39, Sched. 2, s. 26.

CONTENTS

Interpretation

Definitions

1 (1) In this Act,

“cannabis” has the same meaning as in subsection 2 (1) of the Cannabis Act (Canada); (“cannabis”)

“commercial”, with respect to a product or substance regulated under this Act, means something done or prepared for the primary purpose of generating profits from its sale or use, directly or indirectly; (“commercial”)

“electronic cigarette” means 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; (“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”)

“e-substance” means a substance that is manufactured or sold to be used in an electronic cigarette; (“substance servant à vapoter”)

“flavoured tobacco product” includes a tobacco product that is represented as being flavoured, that contains a flavouring agent or that is presented by its packaging, by advertisement or otherwise as being flavoured; (“produit du tabac aromatisé”)

“Minister” means the Minister of Health and Long-Term Care or such other member of the Executive Council as may be assigned the administration of this Act under the Executive Council Act; (“ministre”)

“personal health information” has the same meaning as in the Personal Health Information Protection Act, 2004; (“renseignements personnels sur la santé”)

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

“promote”, with respect to a product or substance regulated under this Act, 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 its purchase or use or the purchase or use of a particular brand, or

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

“proprietor” means the owner, operator or person in charge; (“propriétaire”)

“record” means any collection of information however recorded, whether in printed form, on film, by electronic means or otherwise and includes any data that is recorded or stored on any medium in or by a computer system or similar device, as well as drawings, specifications or floor plans for an enclosed workplace; (“document”)

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

“tobacco product” means any product that contains tobacco, and includes the package in which tobacco is sold; (“produit du tabac”)

“tobacco product accessory” means a product that may be used in the consumption of a tobacco product, including a humidor, pipe, cigarette holder, cigar clip, lighter and matches; (“accessoire pour produits du tabac”)

“vapour product” means an electronic cigarette, an e-substance, or any component of an electronic cigarette and includes the package in which the electronic cigarette, e-substance or component is sold. (“produit de vapotage”) 2017, c. 26, Sched. 3, s. 1 (1); 2018, c. 12, Sched. 4, s. 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.

“Use”, electronic cigarettes

(3) In this Act,

“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.

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

2018, c. 12, Sched. 4, s. 1 - 17/10/2018

Application

2 This Act applies to,

(a) tobacco in any processed or unprocessed form that may be smoked, inhaled or chewed, including snuff, but not to products intended for use in nicotine replacement therapy;

(b) cannabis;

(c) vapour products; and

(d) prescribed products and substances. 2017, c. 26, Sched. 3, s. 2; 2018, c. 12, Sched. 4, s. 2.

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

2018, c. 12, Sched. 4, s. 2 - 17/10/2018

Sale, Supply, Promotion

Persons under 19

3 (1) No person shall sell or supply any of the following to a person who is less than 19 years old:

1. A tobacco product.

2. A vapour product.

3. A prescribed product or substance.

Apparent age

(2) No person shall sell or supply any of the following 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:

1. A tobacco product.

2. A vapour product.

3. A prescribed product or substance.

Defence

(3) It is a defence to a charge under subsection (1) or (2) that the defendant believed the person receiving the product to be at least 19 years old because the person produced a prescribed form of identification showing that the person was at least 19 years old 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.

Display, etc. of tobacco products

4 (1) No person shall, in any place where tobacco products or tobacco product accessories are sold or offered for sale, display or permit the display of any of the following products in any manner that would permit a consumer to view or handle the product before purchasing it:

1. A tobacco product.

2. A tobacco product accessory that is associated with a brand of tobacco product. 2018, c. 12, Sched. 4, s. 3.

Promotion

(2) No person shall promote tobacco products or tobacco product accessories,

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

(b) in any manner, if the promotion is visible from outside a place in which tobacco products or tobacco product accessories are sold or offered for sale. 2018, c. 12, Sched. 4, s. 3.

Exceptions

(3) Despite subsection (2), if the regulations so provide, a person may post one or more signs providing information about tobacco products or tobacco product accessories and their price, but only if the sign or signs meet the prescribed conditions. 2018, c. 12, Sched. 4, s. 3.

Same

(4) Despite subsection (2), if the regulations so provide, a person may make available one or more documents providing information about tobacco products or tobacco product accessories and their price, but only if the document or documents meet the prescribed conditions. 2018, c. 12, Sched. 4, s. 3.

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

2018, c. 12, Sched. 4, s. 3 - 17/10/2018

Display, etc., of vapour products

4.1 (1) No person shall, in any place where vapour products are sold or offered for sale, display or permit the display of vapour products in any manner that would permit a consumer to view or handle the product before purchasing it, except in accordance with the regulations, if any. 2018, c. 12, Sched. 4, s. 3.

Promotion

(2) No person shall promote vapour products, except in accordance with the regulations, if any,

(a) in any place where vapour products are sold or offered for sale; or

(b) in any manner, if the promotion is visible from outside a place in which vapour products are sold or offered for sale. 2018, c. 12, Sched. 4, s. 3.

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

2018, c. 12, Sched. 4, s. 3 - 17/10/2018

Display, etc., of prescribed products and substances

4.2 (1) No person shall, in any place where a prescribed product or substance is sold or offered for sale, display or permit the display of a prescribed product or substance in any manner that would permit a consumer to view or handle the product before purchasing it, except in accordance with the regulations, if any. 2018, c. 12, Sched. 4, s. 3.

Promotion

(2) No person shall promote a prescribed product or substance, except in accordance with the regulations, if any,

(a) in any place where a prescribed product or substance is sold or offered for sale; or

(b) in any manner, if the promotion is visible from outside a place in which a prescribed product or substance is sold or offered for sale...

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