Bill 124, Smoke-Free Ontario Amendment Act (Cigarillos), 2008

Bill 124 2008

An Act to amend the Smoke-Free Ontario Act with respect to cigarillos

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.e-Laws.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.  Subsection 1 (1) of the Smoke-Free Ontario Act is amended by adding the following definitions:

"cigarillo" includes any of the following products:

    1.  A tobacco product that is sold as a cigarillo.

    2.  A tobacco product that,

            i.  weighs less than 1.4 grams, or such other weight as may be prescribed,

           ii.  is in the form of a roll or a tube, and

          iii.  has a wrapper that contains natural or reconstituted leaf tobacco.

    3.  A tobacco product that,

            i.  has a cellulose, acetate or other type of filter,

           ii.  is in the form of a roll or a tube, and

          iii.  has a wrapper that contains natural or reconstituted leaf tobacco.

    4.  Any other tobacco product prescribed to be a cigarillo; ("cigarillo")

"flavoured cigarillo" includes a cigarillo 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; ("cigarillo aromatisé")

"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, but does not include a flavoured cigarillo; ("produit du tabac aromatisé")

   2.  Section 5 of the Act is amended by adding the following subsection:

Same, cigarillos

   (3)  No person shall sell or offer to sell cigarillos at retail or for subsequent sale at retail or distribute or offer to distribute them for that purpose unless the cigarillos are contained in packages of at least 20 cigarillos or such greater number as may be prescribed by regulation.

   3.  The Act is amended by adding the following section:

Flavoured Tobacco Products

Flavoured cigarillos

   6.1  (1)  No person shall sell or offer to sell a flavoured cigarillo, unless the flavoured cigarillo has been prescribed.

Flavoured tobacco products

   (2)  No person shall sell or offer to sell a flavoured tobacco product that has been prescribed as prohibited.

   4.  (1)  Subsection 15 (1) of the Act is amended by striking out "section 5 or 9" and substituting "section 5, 6.1 or 9".

   (2)  The Table to section 15 of the Act is amended by striking out "5" in Column 1 and substituting "5, 6.1".

   5.  Subsection 19 (1) of the Act is amended by adding the following clauses:

(a.0.1) prescribing a maximum weight for the purposes of paragraph 2 of the definition of "cigarillo" in subsection 1 (1);

(a.0.2) prescribing tobacco products for the purposes of paragraph 4 of the definition of "cigarillo" in subsection 1 (1);

.     .     .     .     .

(a.2.1) defining "flavouring agent" for the purposes of the definitions of "flavoured cigarillo" and "flavoured tobacco product" in subsection 1 (1);

.     .     .     .     .

(d.1) prescribing flavoured cigarillos for the purposes of subsection 6.1 (1);

(d.2) prescribing prohibited flavoured tobacco products for the purposes of subsection 6.1 (2);

Commencement

   6.  This Act comes into force on a day to be named by proclamation of the Lieutenant Governor.

Short title

   7.  The short title of this Act is the Smoke-Free Ontario Amendment Act (Cigarillos), 2008.

 

EXPLANATORY NOTE

This Explanatory Note was written as a reader's aid to Bill 124 and does not form part of the law.  Bill 124 has been enacted as Chapter 26 of the Statutes of Ontario, 2008.

The Bill amends the Smoke-Free Ontario Act to prohibit the sale of cigarillos in packages of less than 20 cigarillos and to prohibit the sale of flavoured cigarillos.

 

 

Bill 124 2008

An Act to amend the Smoke-Free Ontario Act with respect to cigarillos

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.e-Laws.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.  Subsection 1 (1) of the Smoke-Free Ontario Act is amended by adding the following definition:

"cigarillo" includes any of the following products weighing 4 grams or less, that is 120 millimetres or less in length:

    1.  A tobacco product that is sold as a cigarillo.

    2.  A tobacco product that is in the form of a roll or tube that is intended for smoking and that consists of a filler composed of pieces of natural or reconstituted leaf tobacco, and a wrapper of natural or reconstituted leaf tobacco; ("cigarillo")

   1.  Subsection 1 (1) of the Smoke-Free Ontario Act is amended by adding the following definitions:

"cigarillo" includes any of the following products:

    1.  A tobacco product that is sold as a cigarillo.

    2.  A tobacco product that,

            i.  weighs less than 1.4 grams, or such other weight as may be prescribed,

           ii.  is in the form of a roll or a tube, and

          iii.  has a wrapper that contains natural or reconstituted leaf tobacco.

    3.  A tobacco product that,

            i.  has a cellulose, acetate or other type of filter,

           ii.  is in the form of a roll or a tube, and

          iii.  has a wrapper that contains natural or reconstituted leaf tobacco.

    4.  Any other tobacco product prescribed to be a cigarillo; ("cigarillo")

"flavoured cigarillo" includes a cigarillo 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; ("cigarillo aromatisé")

"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, but does not include a flavoured cigarillo; ("produit du tabac aromatisé")

   2.  Section 5 of the Act is amended by adding the following subsection:

Same, cigarillos

   (3)  No person shall sell or offer to sell cigarillos at retail or for subsequent sale at retail or distribute or offer to distribute them for that purpose unless the cigarillos are contained in packages of at least 20 cigarillos or such greater number as may be prescribed by regulation.

   3.  The Act is amended by adding the following section:

Flavouring Agents

Flavouring agents

   6.1  No person shall sell or offer to sell a tobacco product that includes a flavouring agent, unless the flavouring agent has been prescribed by regulation.

   3.  The Act is amended by adding the following section:

Flavoured Tobacco Products

Flavoured cigarillos

   6.1  (1)  No person shall sell or offer to sell a flavoured cigarillo, unless the flavoured cigarillo has been prescribed.

Flavoured tobacco products

   (2)  No person shall sell or offer to sell a flavoured tobacco product that has been prescribed as prohibited.

   3.1  (1)  Subsection 15 (1) of the Act is amended by striking out "section 5 or 9" and substituting "section 5, 6.1 or 9".

   (2)  The Table to section 15 of the Act is amended by striking out "5" in Column 1 and substituting "5, 6.1".

   4.  Subsection 19 (1) of the Act is amended by adding the following clause:

(d.1)  prescribing flavouring agents for the purposes of section 6.1;

   4.  Subsection 19 (1) of the Act is amended by adding the following clauses:

(a.0.1) prescribing a maximum weight for the purposes of paragraph 2 of the definition of "cigarillo" in subsection 1 (1);

(a.0.2) prescribing tobacco products for the purposes of paragraph 4 of the definition of "cigarillo" in subsection 1 (1);

.     .     .     .     .

(a.2.1) defining "flavouring agent" for the purposes of the definitions of "flavoured cigarillo" and "flavoured tobacco product" in subsection 1 (1);

.     .     .     .     .

(d.1) prescribing flavoured cigarillos for the purposes of subsection 6.1 (1);

(d.2) prescribing prohibited flavoured tobacco products for the purposes of subsection 6.1 (2);

Commencement

   5.  This Act comes into force on January 1, 2009.

Commencement

   5.  This Act comes into force on a day to be named by proclamation of the Lieutenant Governor.

Short title

   6.  The short title of this Act is the Smoke-Free Ontario Amendment Act (Cigarillos), 2008.

 

This reprint of the Bill is marked to indicate the changes that were made in Committee.

The changes are indicated by underlines for new text and a strikethrough for deleted text.

 

______________

 

 

 

EXPLANATORY NOTE

The Bill amends the Smoke-Free Ontario Act to prohibit the sale of cigarillos in packages of less than 20 cigarillos and to prohibit the sale of tobacco products that include flavouring agents flavoured cigarillos.

Bill 124 2008

An Act to amend the Smoke-Free Ontario Act with respect to cigarillos

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.e-Laws.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.  Subsection 1 (1) of the Smoke-Free Ontario Act is amended by adding the following definition:

"cigarillo" includes any of the following products weighing 4 grams or less, that is 120 millimetres or less in length:

    1.  A tobacco product that is sold as a cigarillo.

    2.  A tobacco product that is in the form of a roll or tube that is intended for smoking and that consists of a filler composed of pieces of natural or reconstituted leaf tobacco, and a wrapper of natural or reconstituted leaf tobacco; ("cigarillo")

   2.  Section 5 of the Act is amended by adding the following subsection:

Same, cigarillos

   (3)  No person shall sell or offer to sell cigarillos at retail or for subsequent sale at retail or distribute or offer to distribute them for that purpose unless the cigarillos are contained in packages of at least 20 cigarillos or such greater number as may be prescribed by regulation.

   3.  The Act is amended by adding the following section:

Flavouring Agents

Flavouring agents

   6.1  No person shall sell or offer to sell a tobacco product that includes a flavouring agent, unless the flavouring agent has been prescribed by regulation.

   4.  Subsection 19 (1) of the Act is amended by adding the following clause:

(d.1)  prescribing flavouring agents for the purposes of section 6.1;

Commencement

   5.  This Act comes into force on January 1, 2009.

Short title

   6.  The short title of this Act is the Smoke-Free Ontario Amendment Act (Cigarillos), 2008.

 

EXPLANATORY NOTE

The Bill amends the Smoke-Free Ontario Act to prohibit the sale of cigarillos in packages of less than 20 cigarillos and to prohibit the sale of tobacco products that include flavouring agents.