Smoke-Free Ontario Amendment Act (Prohibiting Flavoured Tobacco, New Tobacco Products and Smokeless Tobacco), 2013 Gélinas, France — Bill 130 (40th Parliament, 2nd Session)

Bill 130, 40-2

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Bill 130, Smoke-Free Ontario Amendment Act (Prohibiting Flavoured Tobacco, New Tobacco Products and Smokeless Tobacco), 2013

Gélinas, France

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[40] Bill 130 Original (PDF)

Bill 130 2013

Act to amend the Smoke-Free Ontario Act to prohibit certain tobacco products

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:

"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")

(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repealed and the following substituted: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

2,000

100,000

5,000

300,000

10,000

300,000

3 or more

50,000

300,000

and substituting the following:

6.1, 6.2

2,000

100,000

5,000

300,000

10,000

300,000

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

2,000

100,000

5,000

300,000

10,000

300,000

3 or more

50,000

300,000

and substituting the following:

6.1, 6.2, 6.3

2,000

100,000

5,000

300,000

10,000

300,000

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

(1) Subject

to subsections (2) and (3), this Act comes into force on the day it receives

Royal Assent.

Same

(2) Subsections 2 (2) and 6 (2) come into

force one year after the day this Act receives Royal Assent.

Same

(3) Section 4 and subsections 5 (2) and

(4) come into force five years after the day this Act receives Royal Assent.

Short

title

8. The

short title of this Act is the Smoke-Free Ontario

Amendment Act (Prohibiting Flavoured Tobacco, New Tobacco Products and

Smokeless Tobacco), 2013 .

EXPLANATORY

NOTE

The

Bill 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.

The

sections of the Bill come into force on various dates.

Date Bill stage Activity Committee

November 18, 2013

First Reading

Carried

Debates and Progress

First Reading

November 18, 2013

Committee

Second Reading

Committee

Third Reading

Royal Assent

Acts affected - Bill 130

Most Ontario public acts are available electronically; to view copies of the Acts to be amended by this bill visit e-laws

Smoke-Free Ontario Act

Legislative Assembly of Ontario

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Document details

Collection	Ontario — Bills
Citation	Bill 130, 40-2
Type	bill
Volume / chapter	p40 s2 bill 130 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	5e0b969e245c1820273a734545d8b2b7810b2ce1

Source file is stored in the law ingest library (html).