Bill 11 2007

An Act to amend the Smoke-Free Ontario Act to protect children and youth from second-hand smoke in motor vehicles

Note: This Act amends the Smoke-Free Ontario Act.  For the legislative history of the Act, see the Table of Consolidated Public Statutes – Detailed Legislative History on www.eLaws.gov.on.ca.

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

   1.  The Smoke-Free Ontario Act is amended by adding the following section:

Protection for people under 16 years old in motor vehicles

   9.2  (1)  No person shall smoke tobacco or hold lighted tobacco in a motor vehicle while a person who is less than 16 years old is present in the vehicle.

Apparent age

   (2)  No person shall smoke tobacco or hold lighted tobacco in a motor vehicle while a person who appears to be less than 16 years old is present in the vehicle unless he or she has required the person to provide identification and is satisfied that the person is at least 16 years old.

Defence

   (3)  It is a defence to a charge under subsection (1) or (2) that the defendant believed the person present in the motor vehicle to be at least 16 years old because the person produced 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. 

Same

   (4)  It is a defence to a charge under subsection (2) that the person smoking tobacco or holding lighted tobacco in the motor vehicle had personal knowledge that the person in the motor vehicle was at least 16 years old.

Enforcement

   (5)  Despite section 14, this section shall be enforced by police officers or officers appointed for carrying out the provisions of the Highway Traffic Act.

Same

   (6)  A police officer or an officer appointed for carrying out the provisions of the Highway Traffic Act may request that a passenger in a motor vehicle who appears to be less than 16 years old identify himself or herself if the officer has reason to believe that an occupant of the motor vehicle is contravening this section.

Same

   (7)  A passenger who is requested to identify himself or herself under subsection (6) shall give the officer reasonable identification of himself or herself and, for such purposes, giving his or her correct name, age and address is reasonable identification.

Definition

   (8)  In this section,

"motor vehicle" means a motor vehicle as defined in the Highway Traffic Act other than a motorcycle or motor assisted bicycle.

   2.  Section 15 of the Act is amended by adding the following subsection:

Offence, smoking in motor vehicle

   (6.1)  A person who contravenes section 9.2 is guilty of an offence and on conviction is liable to a fine of not more than $200 for a first conviction and not more than a $1,000 for a second or subsequent conviction.

Commencement

   3.  This Act comes into force on the day it receives Royal Assent.

Short title

   4.  The short title of this Act is the Protecting Children and Youth from Second-Hand Smoke in Automobiles Act, 2007.

EXPLANATORY NOTE

The Bill amends the Smoke-Free Ontario Act to prohibit smoking in a motor vehicle when a person who is less than 16 years of age is present in the vehicle.