[36] Bill 100 Original (PDF)
B100_E
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Bill 100 1998
An Act to amend the Tobacco Control Act, 1994
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. The Tobacco Control Act, 1994 is amended by adding the following section:
Purchase or possession
3.1 No person who is less than 19 years old shall purchase or be in possession of tobacco.
2. Section 15 of the Act, as amended by the Statutes of Ontario, 1997, chapter 10, section 26, is further amended by adding the following subsection:
Same
(1.1) A person who contravenes section 3.1 is guilty of an offence and, despite the Provincial Offences Act, on conviction is liable to a fine of $250.
3. The Table to section 15 of the Act, as amended by the Statutes of Ontario, 1997, chapter 10 section 26, is further amended by inserting "16 (4.2)" after "16 (4)" in Column 1.
4. (1) Paragraph 2 of subsection 16 (2) of the Act is repealed and the following substituted:
2. The person was convicted of another tobacco sales offence committed during the five years preceding the conviction mentioned in paragraph 1 in a place owned or occupied by the person.
(2) Subsection 16 (4) of the Act is amended by striking out the portion before clause (a) and substituting the following:
Sales, storage and deliveries
(4) During the applicable period, except if a person who is not related to the person convicted of the tobacco sales offences mentioned in subsection (2) has purchased at fair market value the place where the tobacco sales offences were committed,
. . . . .
(3) Section 16 of the Act is amended by adding the following subsections:
Interpretation
(4.1) For the purpose of subsection (4), a person is related to a second person if the first person is, with respect to the second person,
(a) any spouse, son or daughter of the person;
(b) any relative of the person or of the person's spouse, other than a relative referred to in clause (a), who has the same home as the person; or
(c) any body corporate of which the person and any of the persons referred to in clause (a) or (b) or the partner or employer of the person, or any combination, beneficially own, directly or indirectly, voting securities carrying more than 50 per cent of the voting rights attached to all voting securities of the body corporate for the time being outstanding.
Prohibitions for same offender
(4.2) During the applicable period,
(a) the person convicted of the tobacco sales offences mentioned in subsection (2) shall not sell or store tobacco in any place of business; and
(b) no wholesaler or distributor shall deliver tobacco to the person convicted of the tobacco sales offences mentioned in subsection (2) or have it delivered to the person.
(4) Subsection 16 (5) of the Act is repealed and the following substituted:
Applicable period
(5) For the purposes of subsections (4) and (4.2), the applicable period is,
(a) the six months that follow the date specified in the notice mentioned in subsection (2), if the person has been convicted of one other tobacco sales offence committed during the five years preceding the current conviction in a place owned or occupied by the person;
(b) the nine months that follow the date specified in the notice, if the person has been convicted of two other tobacco sales offences committed during the five-year period in a place owned or occupied by the person; and
(c) the 12 months that follow the date specified in the notice, if the person has been convicted of more than two other tobacco sales offences committed during the five-year period in a place owned or occupied by the person.
Commencement
5. This Act comes into force on the day it receives Royal Assent.
Short title
6. The short title of this Act is the Tobacco Control Amendment Act, 1998.
EXPLANATORY NOTE
The Bill amends the Tobacco Control Act, 1994 to create an offence for a person under 19 years of age to purchase or be in possession of tobacco.
At present, no person is allowed to sell or store tobacco in a place where a person has committed two tobacco sales offences. The Bill provides for an exception for a person who is not related to the person convicted of the offences. The Bill also prohibits the person convicted of the tobacco sales offences from selling or storing tobacco in any place of business.
Copyright © 1998
Office of the Legislative Assembly of Ontario
Toronto, Ontario, Canada.