Smoke-Free Ontario Amendment Act, 2014 Gélinas, France — Bill 38 (41st Parliament, 1st Session)

Bill 38, 41-1

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Bill 38, Smoke-Free Ontario Amendment Act, 2014

Gélinas, France

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[41] Bill 38 Original (PDF)

Bill 38 2014

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) 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repealed and the following substituted: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6.1 (2) of the Act is repealed and the following substituted: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14 (2), (3), (4) and (5) of the Act are repealed and the following substituted: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

Provisions

Contravened

Column

Number

of Earlier Convictions

Column

Maximum

Fine - Individual

Amount

in dollars

Column

Maximum

Fine - Corporation

Amount

in dollars

(1), 3 (2), 3.1, 3.2

or more

8,000

20,000

40,000

200,000

20,000

40,000

100,000

300,000

(6), 4 (1), 6, 10, 14 (16), 16 (4),

(6), 18 (1), 18 (4), 18 (5)

or more

2,000

5,000

10,000

50,000

5,000

10,000

25,000

75,000

6.1

or more

4,000

10,000

20,000

100,000

200,000

600,000

600,000

600,000

(1), 9 (2)

or more

1,000

5,000

(3), 9 (6)

or more

1,000

5,000

100,000

300,000

(4) any

4,000

10,000

(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.

Date Bill stage Activity Committee

November 18, 2014

First Reading

Carried

Debates and Progress

First Reading

November 18, 2014

Committee

Second Reading

Committee

Third Reading

Royal Assent

Acts affected - Bill 38

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 38, 41-1
Type	bill
Volume / chapter	p41 s1 bill 38 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	d08c2565dbadaf4ca6a0a689006042c4a7c5b814

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