Health Statute Law Amendment Act (Healthy Decisions Made Easy), 2012 Gélinas, France — Bill 126 (40th Parliament, 1st Session)

Bill 126, 40-1

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Bill 126, Health Statute Law Amendment Act (Healthy Decisions Made Easy), 2012

Gélinas, France

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[40] Bill 126 Original (PDF)

Bill 126 2012

Act to enact the Skin Cancer Prevention Act, 2012 and to amend various statutes

with respect to health matters

Note:

This Act amends or repeals more than one Act. For the legislative history of

these Acts, see the Table of Consolidated Public Statutes – Detailed

Legislative History at www.e-Laws.gov.on.ca.

Her

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

Contents

of this Act

1. This

Act consists of this section, sections 2 and 3 and the Schedules to this Act.

Commencement

(1) Subject

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

Royal Assent.

Same

(2) The Schedules to this Act come into force as provided

in each Schedule.

Same

(3) If a

Schedule to this Act provides that any provisions

are to come into force on a day to be named by proclamation of the Lieutenant

Governor, a proclamation may apply to one or more of those provisions, and

proclamations may be issued at different times with respect to any of those

provisions.

Short

title

3. The

short title of this Act is the Health Statute Law

Amendment Act (Healthy Decisions Made Easy), 2012 .

SCHEDULE

Health Protection and Promotion Act

1. The

Health Protection and Promotion Act is amended by

adding the following section:

Food

service premise

16.1

(1) In

this section,

"food

service premise" means any food premise where food or drink items are sold or

served for immediate consumption or in a form that is for immediate consumption

either on the premise or elsewhere.

Application

(2) This

section applies to all persons who own or operate

a food service premise that is part of a chain of food service premises that

has a minimum of five locations in Ontario and a gross annual revenue of over

$5 million.

Same

(3) For the purposes of subsection (2), a person who owns

or operates a food service premise includes a franchisor and a person who owns

or operates the premise indirectly through a subsidiary.

Number

of calories to be displayed

(4) A person to whom this

section applies shall display

the number of calories per serving of all food and drink items, including all

varieties, flavours and sizes of such items that are sold or served for

immediate consumption or in a form that is for immediate consumption on the

premise or elsewhere, at the food service premise that the person owns or

operates.

Serving

size

(5) For the purposes of subsection (4), a serving is the

amount that is sold or served at the food service premise as one meal or

serving.

Rules

about display

(6) The number of calories of an item shall be displayed,

(

a) on

the same menu, display board or buffet cart on which food and drink items are

listed at the premise; or

(

b) on

a label or tag attached to the individual item.

Same

(7) If the number of calories of an item is displayed on a

menu, display board or buffet cart, it shall be displayed adjacent to the price

of the item and in the same typeface and font size that is used for the price.

Exception

(8) If the number of calories does not differ by more than

5 per cent among the varieties or flavours of a food or drink item that is sold

or served at a food service premise, the average number of calories of the

varieties or flavours of the item may be displayed for the whole group of

varieties or flavours rather than for each one separately.

Nutritional

information brochure

(9) A person to whom this

section applies shall, in

accordance with the regulations, make available at the food service premise

that the person owns or operates brochures that provide nutritional information

for all food and drink items, including all varieties, flavours and sizes of

such items that are sold or served for immediate consumption or in a form that

is for immediate consumption on the premise or elsewhere, at the food service

premise that the person owns or operates.

High

sodium content

(10) A person to whom this

section applies shall, in

accordance with subsection (11) and the regulations, indicate high and very

high sodium content of food and drink items sold or served for immediate

consumption or in a form that is for immediate consumption on the premise or

elsewhere, at the food service premise that the person owns or operates.

Same

(11) The high or very high sodium content of an item shall

be indicated,

(

a) on

the same menu, display board or buffet cart on which food and drink items are

listed at the premise; or

(

b) on

a label or tag attached to the individual item.

2. Subsection

96 (3) of the Act is amended by adding the following clauses:

(

f) prescribing

the form of a brochure and the information that the brochure must contain for

the purposes of subsection 16.1 (9);

(f.1) prescribing

the method for determining high and very high sodium content of food and drink and

the manner in which that content is to be indicated for the purposes of

subsections 16.1 (10) and (11);

3. Subsection

100 (3) of the Act is amended by adding "16.1" after "16".

Section

101 of the Act is amended by adding the following subsection:

Offence

under s. 16.1

(1.1) Despite subsection (1), every person who is guilty

of an offence under

section 16.1 is liable on conviction to,

(

a) for

a first offence, a fine of not more than $500 for every day or part of a

day on which the offence occurs or continues; and

(

b) for

a second or subsequent offence, a fine of not more than $5,000 for every day or

part of a day on which the offence occurs or continues.

Commencement

5. This

Schedule comes into force eight months after the day the Health

Statute Law Amendment Act (Healthy Decisions Made Easy), 2012 receives

Royal Assent.

SCHEDULE

Ombudsman act

1. The

Ombudsman Act is

amended by adding the following section:

Ombudsman may investigate

designated public bodies

14.1

(1) Anything

that the Ombudsman may do under this Act in respect of a governmental

organization, the Ombudsman may do in respect of,

(

a) a

home for special care within the meaning of the Homes for

Special Care Act ;

(

b) a

long-term care home within the meaning of the Long-Term

Care Homes Act, 2007 ;

(

c) a

community care access corporation within the meaning of the Community Care Access Corporations Act, 2001 ;

(

d) a

private hospital within the meaning of the Private

Hospitals Act ;

(

e) a

hospital within the meaning of the Public Hospitals Act ;

(

f) an

ambulance service within the meaning of the Ambulance Act ;

(

g) a

board of health within the meaning of the Health

Protection and Promotion Act ; and

(

h) a

retirement home within the meaning of the Retirement Homes

Act, 2010 in respect

of the provision of care services .

Reference

to a governmental organization

(2) If the Ombudsman does or proposes to do anything in

respect of a body listed in subsection (1), any reference in this Act to a

governmental organization shall be read as a reference to the body.

Commencement

2. This

Schedule comes into force on the day the Health Statute

Law Amendment Act (Healthy Decisions Made Easy), 2012 receives

Royal Assent.

SCHEDULE

Skin Cancer Prevention Act, 2012

Services

and treatments to minors prohibited

(1) No

person shall market or sell tanning services or ultraviolet light treatments to

an individual who is less than 18 years old.

Apparent

age

(2) No person shall market or sell tanning services or

ultraviolet light treatments to an individual who appears to be less than 25

years old unless,

(

a) the

individual has provided the person with identification of a type prescribed by

the regulations showing that the individual is not less than 18 years old; and

(

b) there

is no apparent reason to doubt the validity of the identification.

Exception

(3) Subsections (1) and (2) do not affect the right of a

member of the College of a health profession, as defined in the Regulated Health Professions Act, 1991 , to prescribe or

provide ultraviolet light treatments.

Registry

2. The

Minister responsible for the administration of this Act shall establish and

maintain a registry containing information prescribed by the regulations

relating to the commercial use of tanning and ultraviolet light equipment.

Training

3. Every

person who owns or operates an establishment at which tanning services or

ultraviolet light treatments are provided shall ensure that all persons

involved in the provision of the services or treatments at the establishment receive

training as prescribed by the regulations.

Signage

4. Every

person who owns or operates an establishment at which tanning services or

ultraviolet light treatments are provided shall, in accordance with the

regulations, post signs at the establishment respecting the health effects of

the services or treatments.

Offence

(1) A

person who contravenes subsection 1 (1) is guilty of an offence and on

conviction is liable, for each day on which the offence occurs, to a fine of

not more than $2,000.

Same

(2) A person who contravenes subsection 1 (2) or

section 3

or 4 is guilty of an offence and on conviction is liable, for each day on which

the offence occurs, to a fine of not more than $2,000.

Same

(3) A person who fails to provide the information required

by regulations made under clause 6 (

b) is guilty of an offence and on

conviction is liable, for each day on which the offence occurs, to a fine of

not more than $2,000.

Defence

(4) A person is not guilty of an offence under subsection

(1) if he or she reasonably believed that the individual who received the

services or treatments was at least 18 years old.

Same

(5) A person is presumed to have reasonably believed that

the individual who received the services or treatments was not less than 18 years

old if the individual provided the person with identification of a type

prescribed by the regulations showing that he or she was at least 18 years old

and there was no apparent reason to doubt the validity of the identification.

Regulations

6. The

Lieutenant Governor in Council may make regulations for the purposes of

carrying out the provisions of this Act, including but not limited to,

(

a) prescribing

information for the purposes of the registry established under

section 2;

(

b) requiring

persons who own or operate establishments at which tanning services or

ultraviolet light treatments are provided to supply information for the

purposes of the registry established under

section 2;

(

c) prescribing

the training to be provided under

section 3;

(

d) prescribing

the content, placement, size and format of the signs required to be posted by

section 4;

(

e) prescribing

types of identification for the purposes of subsections 1 (2) and 5 (5).

Commencement

7. This

Schedule comes into force on the day the Health Statute

Law Amendment Act (Healthy Decisions Made Easy), 2012 receives

Royal Assent.

Short

title

8. The

short title of the Act set out in this

Schedule is the Skin

Cancer Prevention Act, 2012 .

SCHEDULE

Smoke-Free Ontario Act

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

Document details

Collection	Ontario — Bills
Citation	Bill 126, 40-1
Type	bill
Volume / chapter	p40 s1 bill 126 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	e3f61f12f0e3f1d41bf89ec379dc09b81426f39b

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