[41] Bill 38 Original (PDF)
Bill 38 2014
An Act to amend the Smoke-Free Ontario Act
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. (1) Section 3.1 of the Smoke-Free Ontario Act is amended by adding the following subsection:
Promotional items
(3.1) No person shall sell or offer to sell at retail any tobacco product together with a promotional item that is included with the sale of the tobacco product for nil or nominal additional consideration, or for additional consideration that does not exceed the production cost of the promotional item.
(2) Subsection 3.1 (5) of the Act is repealed and the following substituted:
Interpretation
(5) In this section,
"promotional item" means,
(a) an item that is reasonably associated with, or that evokes, a tobacco product of any kind, or a brand of tobacco product, due to the item's intended use or purpose or through the use of a brand name, trade-mark, trade name, distinguishing guise, logo, graphic arrangement, design or slogan that appears on the item, or
(b) another tobacco product; ("article promotionnel")
"tobacco product" includes the package in which tobacco is sold. ("produit du tabac")
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 Subsection 6.1 (2) of the Act is repealed and the following substituted: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.
Exception
(3) Subsection (2) does not apply with respect to any prescribed flavoured tobacco product.
3. (1) Subsections 14 (2), (3), (4) and (5) of the Act are repealed and the following substituted:
Inspection
(2) Subject to subsection (4), for the purpose of determining whether this Act is being complied with, an inspector may, without a warrant, and at any reasonable time, enter and inspect,
(a) any place designated under subsection 4 (2);
(b) any place where it is prohibited to smoke tobacco or hold lighted tobacco under section 9;
(c) the establishments of tobacco manufacturers, wholesalers, distributors and retailers; and
(d) any place where the inspector has reasonable grounds to believe that an activity regulated or prohibited under this Act is taking place.
Restricted appointments
(3) The Minister may, in an appointment, restrict the inspector's powers of entry and inspection to specified places or kinds of places.
Dwellings
(4) An inspector shall not enter into a place or part of a place that is a dwelling without the consent of the occupant.
(2) Subsection 14 (8) of the Act is amended by adding the following clause:
(d.1) remove a sample of a substance or any other thing that is relevant to the inspection or take a specimen that is relevant to the inspection;
4. The Table to section 15 of the Act is repealed and the following substituted:
Table
|
Column 1 Provisions Contravened |
Column 2 Number of Earlier Convictions |
Column 3 Maximum Fine - Individual Amount in dollars |
Column 4 Maximum Fine - Corporation Amount in dollars |
|
3 (1), 3 (2), 3.1, 3.2 |
0 1 2 3 or more |
8,000 20,000 40,000 200,000 |
20,000 40,000 100,000 300,000 |
|
3 (6), 4 (1), 6, 10, 14 (16), 16 (4), 17 (6), 18 (1), 18 (4), 18 (5) |
0 1 2 3 or more |
2,000 5,000 10,000 50,000 |
5,000 10,000 25,000 75,000 |
|
5, 6.1 |
0 1 2 3 or more |
4,000 10,000 20,000 100,000 |
200,000 600,000 600,000 600,000 |
|
9 (1), 9 (2) |
0 1 or more |
1,000 5,000 |
|
|
9 (3), 9 (6) |
0 1 or more |
1,000 5,000 |
100,000 300,000 |
|
9 (4) |
any |
4,000 |
10,000 |
|
13 (4) |
any |
4,000 |
10,000 |
5. (1) Subsection 17 (1) of the Act is repealed and the following substituted:
Seizure
(1) An inspector acting under section 14 may seize,
(a) tobacco that is being sold or offered for sale or that is being distributed or being offered for distribution contrary to subsection 5 (1);
(b) cigarettes that are being sold or offered for sale or that are being distributed or being offered for distribution contrary to subsection 5 (2);
(c) cigarillos that are being sold or offered for sale or that are being distributed or being offered for distribution contrary to subsection 5 (3);
(d) flavoured cigarillos that are being sold or offered for sale or that are being distributed or being offered for distribution contrary to subsection 6.1 (1);
(e) flavoured tobacco products that are being sold or offered for sale or that are being distributed or being offered for distribution contrary to subsection 6.1 (2); and
(f) tobacco that is being stored in a place contrary to subsection 16 (4).
(2) Subsection 17 (5) of the Act is repealed.
(3) Subsection 17 (6) of the Act is amended by striking out "subsection (2)" at the end and substituting "this section".
6. Subsection 18 (3) of the Act is amended by striking out "Subsections 14 (4), (5), (6) and (7) apply" at the beginning and substituting "Subsections 14 (2), (4), (6) and (7) apply".
7. (1) Clause 19 (1) (a.2.1) of the Act is repealed and the following substituted:
(a.2.1) defining "flavouring agent" for the purposes of this Act or any provision of this Act;
(a.2.2) clarifying the meaning of "nil or nominal additional consideration" or "production cost" for the purposes of subsection 3.1 (3.1);
(2) Clause 19 (1) (d.2) of the Act is repealed and the following substituted:
(d.2) prescribing flavoured tobacco products for the purposes of subsection 6.1 (3);
Commencement
8. This Act comes into force on the day that is six months after the day it receives Royal Assent.
Short title
9. The short title of this Act is the Smoke-Free Ontario Amendment Act, 2014.
EXPLANATORY NOTE
Assorted amendments are made to the Smoke-Free Ontario Act. Among them:
1. The sale of promotional items together with tobacco products is prohibited.
2. The sale of flavoured tobacco products is prohibited, subject to a power to prescribe exemptions.
3. The list of places that an inspector is specifically empowered to enter is broadened.
4. Adjustments are made to the penalty provisions.