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Bill 85, Smoke-Free Ontario Amendment Act (Vaping is not for Kids), 2022

Gélinas, France

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Acts affected

Original

Bill 85 Original (PDF)

EXPLANATORY

NOTE

The

Bill makes various amendments to the Smoke-Free Ontario

Act, 2017 . Here are some highlights:

1. The

Act is amended to prohibit the promotion of vapour products.

2. The

Act is amended to provide that no person shall sell or supply a tobacco product,

vapour product or prescribed product or substance to a person who is less than

21 years old.

3. Currently,

the Act prohibits the sale at retail or the sale for the purposes of sale at

retail of vapour products prescribed as a flavoured vapour product. The Act is

amended to provide that this restriction applies with respect to flavoured

vapour products generally, unless the flavour or flavouring agent contained in

the vapour product is a tobacco flavour or tobacco flavouring agent. The Act is

also amended to provide that this prohibition applies to vapour products that

contain more than specified amounts of nicotine.

4. The

Act is amended to provide that vapour products can only be sold in specialty

vape stores or designated stores in remote or rural communities, as well as to

provide that no person may operate a specialty vape store or sell vapour

products at a designated store in a remote or rural community without the

approval of the board of health of the area in which the store is to be

located. Corresponding offences are added to the Act.

5. The

Act is amended to provide that the Minister may direct that tax revenue

generated from the sale of vapour products at specialty vape stores and at designated

stores in remote and rural communities be used for the purpose of educating the

public about the health risks associated with vaping, provided that the Legislature

has appropriated funds for this purpose.

6. The

Act, as amended, would require Ontario Health to prepare an annual report to

the Minister respecting youth vaping that sets out information and

recommendations to assist the Minister in developing policies to reduce youth

vaping.

Bill 85 2022

Act to amend the Smoke-Free Ontario Act, 2017 with respect to activities

related to vapour 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, 2017 is amended by adding the following definition:

“board

of health” has the same meaning as in the Health

Protection and Promotion Act ; (“conseil de santé”)

(2) The

definition of “e-substance” in subsection 1 (1) of the Act is repealed.

(3) The

definition of “vapour product” in subsection 1 (1) of the Act is repealed and

the following substituted:

“vapour

product” means a device that produces emissions in the form of an aerosol that

are intended to be inhaled and any part, product or substance that is intended

to be used with such a device and includes the package in which the product is

sold. (“produit de vapotage”)

(1) Section 3 of the Act is amended by striking out “19” wherever it

appears and substituting in each case “21”.

(2) The

French version of subsection 3 (1) of the Act is amended by striking out “de 19

ans” and substituting “de moins de 21 ans” in the portion before paragraph 1.

Subsection 4.1 (2) of the Act is repealed and the following substituted:

Promotion

(2) No

person shall promote vapour products in any manner.

Paragraph 2 of

section 9 of the Act is repealed and the following substituted:

2. A

vapour 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, unless the flavour or flavouring agent is a

tobacco flavour or tobacco flavouring agent.

2.1 A

vapour product containing nicotine that,

i. in

the case of a vapour pod or a liquid, contains more than 20 milligrams of

nicotine per millilitre, and

ii. in

the case of all other vapour products, contains more than the prescribed amount

of nicotine.

The Act is amended by adding the following sections:

Vapour

Products

Meaning

of specialty vape store

10.1

(1) A retail

establishment is a specialty vape store for the purposes of

section 10.2 if it

meets all of the following requirements:

1. At

least 85 per cent of the establishment’s total sales for the previous 12 months

must be from vapour products or, if the retail establishment has been in

operation for less than 12 months, at least 85 per cent of the establishment’s

total inventory purchases for the time it has been in existence consist of

vapour products or at least 85 per cent of the total sales for the time it has

been in existence consist of vapour products.

2. The

remainder of the establishment’s total sales or inventory purchases during the

applicable period in paragraph 1 must be from or consist of other items

reasonably associated with a vapour product or branded with the name of the

specialty vape store or a brand of vapour product.

3. Any

requirements established by the board of health for the place where the retail

establishment is located.

4. Any

prescribed requirements.

Publication

(2) A

board of health that establishes any requirements for the purposes of paragraph

3 of subsection (1) shall publish the requirements on its website.

Part

III of the Legislation Act, 2006

(3) Part

III (Regulations) of the Legislation Act, 2006 does

not apply to any requirements established by the board of health.

Rules

respecting retail sale of vapour products

10.2

(1) No

person shall sell or offer to sell vapour products at retail other than in a

specialty vape store or a designated store in a remote or rural community.

Approval

of local board of health, speciality vape stores

(2) No

person shall operate a specialty vape store in a location without first

obtaining the approval of the board of health for the place where the store is to

be located.

Approval

of local board of health, designated stores in remote and rural communities

(3) No

person shall sell or offer to sell vapour products at retail in a designated store

in a remote or rural community without first obtaining the approval of the

board of health for the place where the store is to be located.

Criteria

for approval

(4) In

determining whether to approve the operation of a specialty vape store or the sale

or offer for sale of vapour products at retail at a designated store in a

remote or rural community, the board of health shall consider the impact of the

store on public health, in addition to the store’s proximity to a school within

the meaning of the Education Act or any of the

other places listed in subsection 6 (1) and any prescribed considerations.

Conditions

(5) A

board of health may impose conditions on any approval to operate a specialty vape

store or a designated store in a remote or rural community.

Standard

condition: persons under 21 years of age

(6) Every

approval issued under this

section is subject to the following conditions:

1. Persons

who are less than 21 years old are not permitted inside of the specialty vape

store.

2. Persons

who appear to be less than 25 years old are not permitted inside of the

specialty vape store unless the person has provided satisfactory identification

lawfully issued to him or her indicating that the person is at least 21 years

old.

Revocation

(7) A

board of health may, after providing the notice required by the regulations,

revoke an approval to operate a specialty vape store or a designated store in a

remote or rural community if,

(

a) any

conditions on the approval have been contravened; or

(

b) any

other provision of this Act respecting vapour products has been contravened.

Same,

speciality vape stores

(8) If

the approval of a specialty vape store is revoked, the operator of the store

shall cease operating it on or before the day on which the revocation is

effective.

Same,

designated stores in remote and rural communities

(9) If

the approval of a designated store in a remote or rural community is revoked,

the operator of the store shall cease storing and selling vapour products at

that location on or before the day on which the revocation is effective.

Regulations

(10) The

regulations may,

(

a) prescribe

procedures for obtaining a board of health’s approval to operate a specialty

vape store or to sell or offer to sell vapour products at retail at a

designated store in a remote or rural community and the revocation of such an

approval by the board of health;

(

b) provide

for inspections of a specialty vape store or a designated store in a remote or

rural community by an agent of a board of health; and

(

c) provide

for reviews of decisions of the board of health, including procedures for such

reviews.

Transition

(11) Subsection

(2) does not apply to a specialty vape store that is operating on the day

section 5 of the Smoke-Free Ontario Amendment Act (Vaping

is not for Kids), 2022 comes into force for a period of 12 months

beginning on that day.

Use

of revenue

10.3

(1) The

Minister may direct that tax revenue generated from the sale of vapour products

at specialty vape stores and at designated stores in remote and rural

communities be used for the purpose of educating the public about the health

risks associated with vaping.

Appropriation

required

(2) Subsection

(1) only applies to the extent that the Legislature has appropriated funds for

the purposes of that subsection.

Annual

report on vapour products

10.4 Ontario Health shall

prepare an annual report to the Minister respecting youth vaping setting out

any information or recommendations that may assist the Minister in developing

policies to reduce youth vaping.

Section 12 of the Act is amended by adding the following subsection:

Sampling

of vapour products

(3) Despite

paragraph 1 of subsection (2) and if prescribed by regulation, sampling may be

permitted in a specialty vape store, but only a maximum of two persons may

sample a vapour product at any given time.

Subsection 19 (2) of the Act is amended by striking out “19” and substituting

“21”.

(1) Section 21 of the Act is amended by adding the following

subsection:

Continuing

offence, specialty vape stores and designated stores in remote and rural

communities

(5.1) A

person who contravenes subsection 10.2 (2) or (3) is guilty of an offence and

on conviction is liable, for each day or part of a day on which the offence

occurs or continues, to a fine of not more than $5,000.

(2) Tables

1 and 2 to

section 21 of the Act are each amended by adding “10.2 (1)” before

“14 (1) (c)” wherever it appears in Column

Section 24 of the Act is amended by adding the following subsection:

Restriction

on exemptions

(3) Despite

clause (1) (g), the regulations may not provide for an exemption from this Act

that would permit any of the activities referred to in

section 9 as they relate

to vapour products referred to in paragraph 2 or 2.1 of that section.

Commencement

This Act comes into force 120 days after it receives Royal Assent.

Short

title

The

short title of this Act is the Smoke-Free

Ontario Amendment Act (Vaping is not for Kids), 2022 .

Date Bill stage Event Outcome Committee

February 23, 2022

First Reading

Vote

Carried

Debates and Progress

First Reading

February 23, 2022

Committee

Second Reading

Committee

Third Reading

Royal Assent

Acts affected - Bill 85

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, 2017

Legislative Assembly of Ontario

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