Tobacco Control Statute Law Amendment Act, 2005 Smitherman, Hon. George Minister of Health and Long-Term Care — Bill 164 (38th Parliament, 1st Session)

Bill 164, 38-1

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Bill 164, Tobacco Control Statute Law Amendment Act, 2005

Smitherman, Hon. George Minister of Health and Long-Term Care

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[38] Bill 164 Royal Assent (PDF)

Bill 164 2005

An Act to rename

and amend the

Tobacco Control Act, 1994,

repeal the Smoking in the

Workplace Act and make

complementary amendments

to other Acts

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

1. The

short title of the Tobacco Control Act, 1994 is repealed and the following substituted:

Smoke-Free Ontario Act

2. The following provisions of the Act are amended by striking out "Minister of Health" and substituting "Minister":

Section 8.

2. Subsections 14 (1) and (11).

3. Subsection 17 (2).

4. Clause 19 (1) (f).

(1) Section 1 of the Act is amended by adding the following

definitions:

"employee" means a person who performs any work for or supplies any services to an employer, or a person who receives any instruction or training in the activity, business, work, trade, occupation or profession of an employer;

("employé")

"employer" includes an owner, operator, proprietor, manager, superintendent, overseer, receiver or trustee of an activity, business, work, trade, occupation, profession, project or undertaking who has control or direction of, or is directly or

indirectly responsible for, the employment of a person in it; ("employeur")

"enclosed public place" means,

(

a) the inside of any place, building or structure or vehicle or conveyance or a part of any of them,

(

i) that is covered by a roof, and

(ii) to which the public is ordinarily invited or permitted access, either expressly or by implication, whether or not a fee is charged for entry, or

(

b) a prescribed place; ("lieu public clos")

"enclosed workplace" means,

(

a) the inside of any place, building or structure or vehicle or conveyance or a part of any of them,

(

i) that is covered by a roof,

(ii) that employees work in or frequent during the course of their employment whether or not they are acting in the course of their employment at the time, and

(iii) that is not primarily a private dwelling, or

(

b) a prescribed place; ("lieu de travail clos")

"Minister" means the Minister of Health and Long-Term Care, unless otherwise specified; ("ministre")

(2) Section 1 of the Act is amended by adding the following subsection:

Private dwelling

(2) For greater certainty, and without restricting the generality of the expression, the following are primarily private dwellings for the purposes of the definition of "enclosed workplace" in subsection (1):

1. Private self-contained living quarters in any multi-unit building or facility.

2. Any other prescribed place.

4. (1) Subsection 3 (2) of the Act is repealed and the following substituted:

Apparent age

(2) No person shall sell or supply tobacco to a person who appears to be less than 25 years old unless he or she has required the person to provide identification and is satisfied that the person is at least 19 years old.

(2) Subsections 3 (4) and (5) of the Act are repealed and the following substituted:

Vicarious liability

(4) The owner of a business where tobacco is sold shall be deemed to be liable for any contravention of subsection (1) or (2) on the premises where the contravention took place, unless the owner exercised due diligence to prevent

such a contravention.

(1) The Act is amended by adding the following section:

Display

3.1

(1) No person shall,

(

a) display or permit the display of tobacco products in any place where tobacco products are sold or offered for sale by means of a countertop display; or

(

b) display or permit the display of tobacco products in any place where tobacco products are sold or offered for sale in any manner that permits the purchaser to handle the tobacco product before purchasing it.

Same, cigarettes

(2) No person shall display or permit the display of cigarettes in any place where cigarettes are sold or offered for sale unless the cigarettes are displayed in the following manner:

1. Only individual cigarette packages are displayed.

Promotion

(3) No person shall, in any place where tobacco products are sold or offered for sale, promote the sale of tobacco products through product association, product enhancement or any type of promotional material, including, but not

limited to,

(

a) decorative panels and backdrops associated with particular brands of tobacco products;

(

b) backlit or illuminated panels;

(

c) promotional lighting;

(

d) three-dimensional exhibits; or

(

e) any other device, instrument or enhancement.

Regulations

(4) The Lieutenant Governor in Council may make regulations governing what constitutes promotional material for the purposes of this section.

Interpretation

(5) In this section, "tobacco product" includes the package in which tobacco is sold.

(2) Subsection 3.1 (2) of the Act, as enacted by subsection (1), is repealed and the following substituted:

Display

(2) No person shall display or permit the display of tobacco products in any place where tobacco products are sold or offered for sale in any manner that will permit a consumer to view any tobacco product before purchasing the

tobacco product.

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

Places of entertainment

3.2

(1) No person shall employ or authorize anyone to promote tobacco or the sale of tobacco at any place of entertainment that the person owns, operates or occupies.

Definition

(2) In this section,

"place of entertainment" means a place to which the public is ordinarily invited or permitted access, either expressly or by implication, whether or not a fee is charged for entry, and which is primarily devoted to eating, drinking or any form

of amusement.

(1) Paragraphs 5 and 6 of subsection 4 (2) of the Act are repealed and the following substituted:

5. An approved charitable home for the aged under the Charitable Institutions Act .

(2) Subsection 4 (3) of the Act is repealed.

8. Subsection 7 (3) of the Act is repealed.

Section 9 of the Act, as amended by the Statutes of Ontario, 2002,

chapter 8,

Schedule P,

section 6, is repealed and the following substituted:

Prohibition

(1) No person shall smoke tobacco or hold lighted tobacco in any enclosed public place or enclosed workplace.

Other prohibitions

(2) No person shall smoke or hold lighted tobacco in the following places or areas:

1. A school as defined in the Education Act .

2. A building or the grounds surrounding the building of a private school, where the private school is the only occupant of the premises, or the grounds annexed to a private school, where the private school is not the only occupant of the

premises.

3. Any common area in a condominium, apartment building or university or college residence, including, without being limited to, elevators, hallways, parking garages, party or entertainment rooms, laundry facilities, lobbies and exercise

areas.

4. A day nursery within the meaning of the Day Nurseries Act .

5. A place where private-home day care is provided within the meaning of the Day Nurseries Act , whether or not children are present.

6. The reserved seating area of a sports arena or entertainment venue.

7. A prescribed place or area.

Employer obligations

(3) Every employer shall, with respect to an enclosed workplace or a place or area mentioned in subsection (2) over which the employer exercises control,

(

a) ensure compliance with this section;

(

b) give notice to each employee in an enclosed workplace or place or area that smoking is prohibited in the enclosed workplace, place or area in a manner that complies with the regulations, if any;

(

c) post any prescribed signs prohibiting smoking throughout the enclosed workplace, place or area over which the employer has control, including washrooms, in the prescribed manner;

(

d) ensure that no ashtrays or similar equipment remain in the enclosed workplace or place or area, other than a vehicle in which the manufacturer has installed an ashtray;

(

e) ensure that a person who refuses to comply with subsection (1) or (2) does not remain in the enclosed workplace or place or area; and

(

f) ensure compliance with any other prescribed obligations.

Prohibition

(4) No employer or person acting on behalf of an employer shall take any of the following actions against an employee because the employee has acted in accordance with or has sought the enforcement of this Act:

1. Dismissing or threatening to dismiss the employee.

2. Disciplining or suspending the employee, or threatening to do so.

3. Imposing a penalty upon the employee.

4. Intimidating or coercing the employee.

Complaint

(5) The Lieutenant Governor in Council may make regulations specifying provisions of another Act or any regulations that apply, with necessary modifications, where an employee complains that subsection (4) has not been complied

with.

Proprietor obligations

(6) Every proprietor of an enclosed public place or a place or area mentioned in subsection (2) shall,

(

a) ensure compliance with this

section with respect to the enclosed public place, place or area;

(

b) give notice to each person in the enclosed public place, place or area that smoking is prohibited in the enclosed public place, place or area in accordance with the regulations, if any;

(

c) post any prescribed signs prohibiting smoking throughout the enclosed public place, place or area, including washrooms, in the prescribed manner;

(

d) ensure that no ashtrays or similar equipment remain in the enclosed public place, place or area, other than a vehicle in which the manufacturer has installed an ashtray;

(

e) ensure that a person who refuses to comply with subsection (1) or (2) does not remain in the enclosed public place, place or area; and

(

f) ensure compliance with any other prescribed obligations.

Exception, residential care facility

(7) Subsection (1) does not apply to a person who smokes or holds lighted tobacco in an indoor room in a residence that also serves as an enclosed workplace if the conditions set out below are met, and the obligations under

subsections (3) and (6) do not apply to a proprietor or employer with respect to such a room if the proprietor or employer complies with any prescribed requirements respecting the maintenance of the room:

1. The residence is,

i. a nursing home as defined in the Nursing Homes Act,

ii. an approved charitable home for the aged under the Charitable Institutions Act ,

iii. a home as defined in the Homes for the Aged and Rest Homes Act ,

iv. a residential facility that is operated as a retirement home and that provides care, in addition to accommodation, to the residents of the home, or

v. a supportive housing residence funded or administered through the Ministry of Health and Long-Term Care or the Ministry of Community and Social Services.

2. The room has been designated as a controlled smoking area.

3. A resident who desires to use the room must be able, in the opinion of the proprietor or employer, to smoke safely without assistance from an employee. An employee who does not desire to enter the room shall not be required to do so.

4. Smoking in the room is limited to residents of that facility.

5. The room is an enclosed space that,

i. is fitted with proper ventilation in compliance with the regulations,

ii. is identified as a controlled smoking area by means of prescribed signs, displayed in the prescribed manner, and

iii. meets any other prescribed requirements.

Psychiatric facility

(8) Subsection (1) does not apply to a person who smokes or holds lighted tobacco in an indoor room in a psychiatric facility that also serves as an enclosed workplace if the conditions set out below are m

Document details

Collection	Ontario — Bills
Citation	Bill 164, 38-1
Type	bill
Volume / chapter	p38 s1 bill 164 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	8a851db6a723bec3d73424bdad51b0a5b356e993

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