Bill 126, Health Statute Law Amendment Act (Healthy Decisions Made Easy), 2012

Versions

Bill 126 2012

An Act to enact the Skin Cancer Prevention Act, 2012 and to amend various statutes with respect to health matters

Note: This Act amends or repeals more than one Act. For the legislative history of these Acts, see the Table of Consolidated Public Statutes – Detailed Legislative History at 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:

Contents of this Act

1. This Act consists of this section, sections 2 and 3 and the Schedules to this Act.

Commencement

2. (1) Subject to subsections (2) and (3), this Act comes into force on the day it receives Royal Assent.

Same

(2) The Schedules to this Act come into force as provided in each Schedule.

Same

(3) If a Schedule to this Act provides that any provisions are to come into force on a day to be named by proclamation of the Lieutenant Governor, a proclamation may apply to one or more of those provisions, and proclamations may be issued at different times with respect to any of those provisions.

Short title

3. The short title of this Act is the Health Statute Law Amendment Act (Healthy Decisions Made Easy), 2012.

SCHEDULE 1
Health Protection and Promotion Act

1. The Health Protection and Promotion Act is amended by adding the following section:

Food service premise

16.1 (1) In this section,

"food service premise" means any food premise where food or drink items are sold or served for immediate consumption or in a form that is for immediate consumption either on the premise or elsewhere.

Application

(2) This section applies to all persons who own or operate a food service premise that is part of a chain of food service premises that has a minimum of five locations in Ontario and a gross annual revenue of over $5 million.

Same

(3) For the purposes of subsection (2), a person who owns or operates a food service premise includes a franchisor and a person who owns or operates the premise indirectly through a subsidiary.

Number of calories to be displayed

(4) A person to whom this section applies shall display the number of calories per serving of all food and drink items, including all varieties, flavours and sizes of such items that are sold or served for immediate consumption or in a form that is for immediate consumption on the premise or elsewhere, at the food service premise that the person owns or operates.

Serving size

(5) For the purposes of subsection (4), a serving is the amount that is sold or served at the food service premise as one meal or serving.

Rules about display

(6) The number of calories of an item shall be displayed,

(a) on the same menu, display board or buffet cart on which food and drink items are listed at the premise; or

(b) on a label or tag attached to the individual item.

Same

(7) If the number of calories of an item is displayed on a menu, display board or buffet cart, it shall be displayed adjacent to the price of the item and in the same typeface and font size that is used for the price.

Exception

(8) If the number of calories does not differ by more than 5 per cent among the varieties or flavours of a food or drink item that is sold or served at a food service premise, the average number of calories of the varieties or flavours of the item may be displayed for the whole group of varieties or flavours rather than for each one separately.

Nutritional information brochure

(9) A person to whom this section applies shall, in accordance with the regulations, make available at the food service premise that the person owns or operates brochures that provide nutritional information for all food and drink items, including all varieties, flavours and sizes of such items that are sold or served for immediate consumption or in a form that is for immediate consumption on the premise or elsewhere, at the food service premise that the person owns or operates.

High sodium content

(10) A person to whom this section applies shall, in accordance with subsection (11) and the regulations, indicate high and very high sodium content of food and drink items sold or served for immediate consumption or in a form that is for immediate consumption on the premise or elsewhere, at the food service premise that the person owns or operates.

Same

(11) The high or very high sodium content of an item shall be indicated,

(a) on the same menu, display board or buffet cart on which food and drink items are listed at the premise; or

(b) on a label or tag attached to the individual item.

2. Subsection 96 (3) of the Act is amended by adding the following clauses:

(f) prescribing the form of a brochure and the information that the brochure must contain for the purposes of subsection 16.1 (9);

(f.1) prescribing the method for determining high and very high sodium content of food and drink and the manner in which that content is to be indicated for the purposes of subsections 16.1 (10) and (11);

3. Subsection 100 (3) of the Act is amended by adding "16.1" after "16".

4. Section 101 of the Act is amended by adding the following subsection:

Offence under s. 16.1

(1.1) Despite subsection (1), every person who is guilty of an offence under section 16.1 is liable on conviction to,

(a) for a first offence, a fine of not more than $500 for every day or part of a day on which the offence occurs or continues; and

(b) for a second or subsequent offence, a fine of not more than $5,000 for every day or part of a day on which the offence occurs or continues.

Commencement

5. This Schedule comes into force eight months after the day the Health Statute Law Amendment Act (Healthy Decisions Made Easy), 2012 receives Royal Assent.

SCHEDULE 2
Ombudsman act

1. The Ombudsman Act is amended by adding the following section:

Ombudsman may investigate designated public bodies

14.1 (1) Anything that the Ombudsman may do under this Act in respect of a governmental organization, the Ombudsman may do in respect of,

(a) a home for special care within the meaning of the Homes for Special Care Act;

(b) a long-term care home within the meaning of the Long-Term Care Homes Act, 2007;

(d) a private hospital within the meaning of the Private Hospitals Act;

(e) a hospital within the meaning of the Public Hospitals Act;

(f) an ambulance service within the meaning of the Ambulance Act;

(g) a board of health within the meaning of the Health Protection and Promotion Act; and

(h) a retirement home within the meaning of the Retirement Homes Act, 2010 in respect of the provision of care services.

Reference to a governmental organization

(2) If the Ombudsman does or proposes to do anything in respect of a body listed in subsection (1), any reference in this Act to a governmental organization shall be read as a reference to the body.

Commencement

2. This Schedule comes into force on the day the Health Statute Law Amendment Act (Healthy Decisions Made Easy), 2012 receives Royal Assent.

SCHEDULE 3
Skin Cancer Prevention Act, 2012

Services and treatments to minors prohibited

1. (1) No person shall market or sell tanning services or ultraviolet light treatments to an individual who is less than 18 years old.

Apparent age

(2) No person shall market or sell tanning services or ultraviolet light treatments to an individual who appears to be less than 25 years old unless,

(a) the individual has provided the person with identification of a type prescribed by the regulations showing that the individual is not less than 18 years old; and

(b) there is no apparent reason to doubt the validity of the identification.

Exception

(3) Subsections (1) and (2) do not affect the right of a member of the College of a health profession, as defined in the Regulated Health Professions Act, 1991, to prescribe or provide ultraviolet light treatments.

Registry

2. The Minister responsible for the administration of this Act shall establish and maintain a registry containing information prescribed by the regulations relating to the commercial use of tanning and ultraviolet light equipment.

Training

3. Every person who owns or operates an establishment at which tanning services or ultraviolet light treatments are provided shall ensure that all persons involved in the provision of the services or treatments at the establishment receive training as prescribed by the regulations.

Signage

4. Every person who owns or operates an establishment at which tanning services or ultraviolet light treatments are provided shall, in accordance with the regulations, post signs at the establishment respecting the health effects of the services or treatments.

Offence

5. (1) A person who contravenes subsection 1 (1) is guilty of an offence and on conviction is liable, for each day on which the offence occurs, to a fine of not more than $2,000.

Same

(2) A person who contravenes subsection 1 (2) or section 3 or 4 is guilty of an offence and on conviction is liable, for each day on which the offence occurs, to a fine of not more than $2,000.

Same

(3) A person who fails to provide the information required by regulations made under clause 6 (b) is guilty of an offence and on conviction is liable, for each day on which the offence occurs, to a fine of not more than $2,000.

Defence

(4) A person is not guilty of an offence under subsection (1) if he or she reasonably believed that the individual who received the services or treatments was at least 18 years old.

Same

(5) A person is presumed to have reasonably believed that the individual who received the services or treatments was not less than 18 years old if the individual provided the person with identification of a type prescribed by the regulations showing that he or she was at least 18 years old and there was no apparent reason to doubt the validity of the identification.

Regulations

6. The Lieutenant Governor in Council may make regulations for the purposes of carrying out the provisions of this Act, including but not limited to,

(a) prescribing information for the purposes of the registry established under section 2;

(b) requiring persons who own or operate establishments at which tanning services or ultraviolet light treatments are provided to supply information for the purposes of the registry established under section 2;

(d) prescribing the content, placement, size and format of the signs required to be posted by section 4;

(e) prescribing types of identification for the purposes of subsections 1 (2) and 5 (5).

Commencement

7. This Schedule comes into force on the day the Health Statute Law Amendment Act (Healthy Decisions Made Easy), 2012 receives Royal Assent.

Short title

8. The short title of the Act set out in this Schedule is the Skin Cancer Prevention Act, 2012.

SCHEDULE 4
Smoke-Free Ontario Act

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

"new tobacco product" means a tobacco product that has never been lawfully sold or distributed in Ontario, but does not include a new brand of a tobacco product; ("nouveau produit du tabac")

"smokeless tobacco product" means a tobacco product that is inhaled or chewed, including snuff. ("produit du tabac sans fumée")

2. (1) Subsection 6.1 (1) of the Act is amended by striking out "unless the flavoured cigarillo has been prescribed" at the end and substituting "unless the flavoured cigarillo is mentioned in subsection (3)".

(2) Subsection 6.1 (2) of the Act is repealed and the following substituted:

Flavoured tobacco products

(2) No person shall sell or offer to sell a flavoured tobacco product at retail or for subsequent sale at retail or distribute or offer to distribute it for that purpose, unless the flavoured tobacco product is mentioned in subsection (3).

(3) Section 6.1 of the Act is amended by adding the following subsection:

Exemption

(3) Menthol flavoured cigarillos or tobacco products that contain only the following flavouring agents are not subject to the prohibitions imposed by subsections (1) and (2):

1. Menthol (CAS 89-78-1).

2. l-menthol (CAS 2216-51-5).

3. l-menthone (CAS 14073-97-3).

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

New Tobacco Products

Prohibition

6.2 No person shall sell or offer to sell a new tobacco product at retail or for subsequent sale at retail or distribute or offer to distribute it for that purpose.

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

Smokeless Tobacco Products

Prohibition

6.3 Despite any other provision of this Act, no person shall sell or offer to sell a smokeless tobacco product at retail or for subsequent sale at retail or distribute or offer to distribute it for that purpose.

5. (1) Subsection 15 (1) of the Act is amended by striking out "section 5, 6.1 or 9" and substituting "section 5, 6.1, 6.2 or 9".

(2) Subsection 15 (1) of the Act, as amended by subsection (1), is amended by striking out "section 5, 6.1, 6.2 or 9" and substituting "section 5, 6.1, 6.2, 6.3 or 9".

(3) The Table to section 15 of the Act is amended by striking out,

5, 6.1	0	2,000	100,000
	1	5,000	300,000
	2	10,000	300,000
	3 or more	50,000	300,000

and substituting the following:

5, 6.1, 6.2	0	2,000	100,000
	1	5,000	300,000
	2	10,000	300,000
	3 or more	50,000	300,000

(4) The Table to section 15 of the Act, as amended by subsection (3), is amended by striking out,

5, 6.1, 6.2	0	2,000	100,000
	1	5,000	300,000
	2	10,000	300,000
	3 or more	50,000	300,000

and substituting the following:

5, 6.1, 6.2, 6.3	0	2,000	100,000
	1	5,000	300,000
	2	10,000	300,000
	3 or more	50,000	300,000

6. (1) Clause 19 (1) (d.1) of the Act is repealed.

(2) Clause 19 (1) (d.2) of the Act is repealed.

Commencement

7. (1) Subject to subsection (2), this Schedule comes into force on the day the Health Statute Law Amendment Act (Healthy Decisions Made Easy), 2012 receives Royal Assent.

Same

(2) Subsection 2 (2), section 4, and subsections 5 (2) and (4) and 6 (2) come into force one year after the day the Health Statute Law Amendment Act (Healthy Decisions Made Easy), 2012 receives Royal Assent.

EXPLANATORY NOTE

SCHEDULE 1
Health Protection and Promotion Act

The Schedule amends the Health Protection and Promotion Act to require all persons who own or operate a food service premise that is part of a chain of food service premises with a minimum of five locations in Ontario and a gross annual revenue of over $5 million to do the following:

1. Display the number of calories contained in the food and drink items that are sold or served for immediate consumption or in a form that is for immediate consumption either on the premise or elsewhere, at the food service premise.

2. Make available brochures that provide nutritional information for the food and drink items sold or served for immediate consumption or in a form that is for immediate consumption either on the premise or elsewhere, at the food service premise.

3. Indicate high and very high sodium content of food and drink items sold or served for immediate consumption or in a form that is for immediate consumption either on the premise or elsewhere, at the food service premise.

The amendment makes it an offence to contravene these requirements and imposes fines for a first, second and subsequent offence.

SCHEDULE 2
Ombudsman act

The Schedule amends the Ombudsman Act to give power to the Ombudsman to do anything it may do with respect to a governmental organization under the Ombudsman Act to a home for special care, long-term care home, community care access corporation, hospital, ambulance service and board of health. The amendment also gives the Ombudsman power in respect of care services provided at retirement homes.

SCHEDULE 3
Skin Cancer Prevention Act, 2012

The Schedule enacts the Skin Cancer Prevention Act, 2012.

The Act prohibits marketing and selling tanning services and ultraviolet light treatments to persons under the age of 18. The Act also requires the establishment and maintenance of a registry relating to the use of tanning and ultraviolet light equipment. Persons who own or operate an establishment at which tanning services or ultraviolet light treatments are provided are required to ensure that persons involved in providing the services or treatments receive training, and that signage respecting the health effects of the services or treatments are posted at the establishments where the services or treatments are provided. The Act also makes it an offence to contravene certain provisions of the Act.

SCHEDULE 4
Smoke-Free Ontario Act

The Schedule amends the Smoke-Free Ontario Act.

Subsection 6.1 (1) of the Act currently provides that no person shall sell or distribute a flavoured cigarillo unless the cigarillo is prescribed by the regulations. This subsection is amended to provide that only menthol flavoured cigarillos are exempt from the prohibition.

Subsection 6.1 (2) of the Act currently provides that if a flavoured tobacco product is prescribed by the regulations, no person shall sell or distribute the product. This provision is re-enacted to provide that no person shall sell or distribute flavoured tobacco products other than menthol flavoured tobacco products.

Sections 6.2 and 6.3 of the Act are added to prohibit the sale and distribution of new tobacco products and smokeless tobacco products. Section 15 of the Act is amended to provide that it is an offence to contravene sections 6.2 and 6.3. The amended provisions permit maximum fines up to $50,000 for an individual and up to $300,000 for a corporation if the individual or corporation sells new tobacco products or smokeless tobacco products in contravention of the Act.