Smoke-Free Ontario Act, 2017

Interpretation

1 (1) In this Act, “cannabis” has the same meaning as in subsection 2 (1) of the Cannabis Act (Canada); (“cannabis”) “commercial”, with respect to a product or substance regulated under this Act, means something done or prepared for the primary purpose of generating profits from its sale or use, directly or indirectly; (“commercial”) “electronic cigarette” means a vaporizer or inhalant-type device, whether called an electronic cigarette or any other name, that contains a power source and heating element designed to heat a substance and produce a vapour intended to be inhaled by the user of the device directly through the mouth, whether or not the vapour contains nicotine; (“cigarette électronique”) “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, occupa…

2 This Act applies to, (a) tobacco in any processed or unprocessed form that may be smoked, inhaled or chewed, including snuff, but not to products intended for use in nicotine replacement therapy; (b) cannabis; (c) vapour products; and (d) prescribed products and substances. 2017, c. 26, Sched. 3, s. 2; 2018, c. 12, Sched. 4, s. 2. Section Amendments with date in force (d/m/y) 2018, c. 12, Sched. 4, s. 2 - 17/10/2018

Sale, Supply, Promotion

3 (1) No person shall sell or supply any of the following to a person who is less than 19 years old: 1. A tobacco product. 2. A vapour product. 3. A prescribed product or substance. Apparent age (2) No person shall sell or supply any of the following 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: 1. A tobacco product. 2. A vapour product. 3. A prescribed product or substance. Defence (3) It is a defence to a charge under subsection (1) or (2) that the defendant believed the person receiving the product to be at least 19 years old because the person produced a prescribed form of identification showing that the person was at least 19 years old and there was no apparent reason to doubt the authenticity of the document or that it was issued to the person produci…

4 (1) No person shall, in any place where tobacco products or tobacco product accessories are sold or offered for sale, display or permit the display of any of the following products in any manner that would permit a consumer to view or handle the product before purchasing it: 1. A tobacco product. 2. A tobacco product accessory that is associated with a brand of tobacco product. 2018, c. 12, Sched. 4, s. 3. Promotion (2) No person shall promote tobacco products or tobacco product accessories, (a) in any place where tobacco products or tobacco product accessories are sold or offered for sale; or (b) in any manner, if the promotion is visible from outside a place in which tobacco products or tobacco product accessories are sold or offered for sale. 2018, c. 12, Sched. 4, s. 3. Exceptions (3) Despite subsection (2), if the regulations so provide, a person may post one or more signs providi…

4.1 (1) No person shall, in any place where vapour products are sold or offered for sale, display or permit the display of vapour products in any manner that would permit a consumer to view or handle the product before purchasing it, except in accordance with the regulations, if any. 2018, c. 12, Sched. 4, s. 3. Promotion (2) No person shall promote vapour products, except in accordance with the regulations, if any, (a) in any place where vapour products are sold or offered for sale; or (b) in any manner, if the promotion is visible from outside a place in which vapour products are sold or offered for sale. 2018, c. 12, Sched. 4, s. 3. Section Amendments with date in force (d/m/y) 2018, c. 12, Sched. 4, s. 3 - 17/10/2018

4.2 (1) No person shall, in any place where a prescribed product or substance is sold or offered for sale, display or permit the display of a prescribed product or substance in any manner that would permit a consumer to view or handle the product before purchasing it, except in accordance with the regulations, if any. 2018, c. 12, Sched. 4, s. 3. Promotion (2) No person shall promote a prescribed product or substance, except in accordance with the regulations, if any, (a) in any place where a prescribed product or substance is sold or offered for sale; or (b) in any manner, if the promotion is visible from outside a place in which a prescribed product or substance is sold or offered for sale. 2018, c. 12, Sched. 4, s. 3. Section Amendments with date in force (d/m/y) 2018, c. 12, Sched. 4, s. 3 - 17/10/2018

5 (1) No person shall promote, by any means, tobacco products, vapour products or a prescribed product or substance or their sale at any place of entertainment. 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.

6 (1) No person shall sell or offer to sell tobacco products, vapour products or a prescribed product or substance in the following places: 1. A hospital as defined in the Public Hospitals Act. 2. A psychiatric facility as defined in the Mental Health Act. 3. A long-term care home within the meaning of the Fixing Long-Term Care Act, 2021. 4. A pharmacy as defined in the Drug and Pharmacies Regulation Act. 5. An establishment where goods or services are sold or offered for sale to the public, if, i. a pharmacy as defined in the Drug and Pharmacies Regulation Act is located within the establishment, or ii. customers of such a pharmacy can pass into the establishment directly or by the use of a corridor or area used exclusively to connect the pharmacy with the establishment. 6. The campuses of a post-secondary institution. 7. A school within the meaning of the Education Act. 8. A building o…

7 No person shall, in any place, sell or offer to sell tobacco products, vapour products or a prescribed product or substance at retail unless the prescribed signs are posted at the place in the prescribed manner.

8 No person shall sell or offer to sell a tobacco product, a vapour product or a prescribed product or substance at retail or for subsequent sale at retail, or distribute or offer to distribute a tobacco product, a vapour product or a prescribed product or substance for that purpose, unless it is packaged in accordance with the regulations.

9 No person shall sell or offer to sell any of the following at retail or for subsequent sale at retail or distribute or offer to distribute any of the following for the purpose of sale or subsequent sale at retail: 1. A flavoured tobacco product, other than a flavoured tobacco product that has been prescribed as being exempt from this paragraph. 2. A vapour product that has been prescribed as a flavoured vapour product for the purposes of this paragraph. 3. A prescribed product or substance that has been prescribed as a flavoured product or substance for the purposes of this paragraph.

10 (1) No owner or occupier of a place shall have a vending machine for selling or dispensing tobacco products, vapour products or a prescribed product or substance in any part of the place. Exceptions (2) Subsection (1) does not apply with respect to a vending machine, (a) that does not contain anything mentioned in subsection (1) and that, (i) is in a place to which the public does not have access, or (ii) is inoperable; or (b) that contains something mentioned in subsection (1) but that is only operable by a retailer or an employee of a retailer.

Reports From Wholesalers and Distributors

11 A person who, in Ontario, sells or distributes tobacco products, vapour products or a prescribed product or substance for subsequent sale at retail shall submit reports to the Minister in accordance with the regulations.

Prohibitions re Smoking, Use, Etc.

12 (1) Subject to any exceptions that may be provided for in the regulations, no person shall do any of the following in a place mentioned in subsection (2): 1. Smoke or hold lighted tobacco. 2. Smoke or hold lighted cannabis. 3. Use an electronic cigarette. 4. Consume a prescribed product or substance, in a prescribed manner. 2017, c. 26, Sched. 3, s. 12 (1); 2018, c. 12, Sched. 4, s. 4. Prohibited places (2) The following are the places for the purposes of subsection (1): 1. An enclosed public place. 2. An enclosed workplace. 3. A school within the meaning of the Education Act. 4. A building or the grounds surrounding the building of a private school within the meaning of the Education Act, 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. 5. Any indoor common are…

13 (1) Subsection 12 (1) does not apply to a person who smokes or holds lighted tobacco or cannabis or who uses an electronic cigarette in an indoor room in a residence that also serves as an enclosed workplace if the following conditions are met, and the obligations under sections 14 and 15 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 room: 1. The residence is, i. a long-term care home within the meaning of the Fixing Long-Term Care Act, 2021, ii. a residential facility that is operated as a retirement home and that provides care, in addition to accommodation, to the residents of the home, iii. a supportive housing residence funded or administered through the Ministry of Health and Long-Term Care or the Ministry of Children, Community and Social Services, iv. a psychiatric faci…

14 (1) Every employer shall, with respect to an enclosed workplace or other place or area mentioned in subsection 12 (2) over which the employer exercises control, (a) ensure compliance with subsection 12 (1); (b) give notice to each employee in the enclosed workplace or other place or area of the prohibitions under subsection 12 (1) in accordance with the regulations, if any; (c) post any prescribed signs respecting the prohibitions under subsection 12 (1) throughout the enclosed workplace, place or area, 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 12 (1) does not remain in the enclosed workplace or place or area; and (f) ensure compliance with any oth…

15 Every proprietor of an enclosed public place or other place or area mentioned in subsection 12 (2) shall, (a) ensure compliance with subsection 12 (1) with respect to the enclosed public place, place or area; (b) give notice to each person in the enclosed public place, place or area of the prohibitions under subsection 12 (1) in accordance with the regulations, if any; (c) post any prescribed signs respecting the prohibitions under subsection 12 (1) 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 12 (1) does not remain in the enclosed public place, place or area; and (f) ensure compliance with any oth…

16 (1) Every home health-care worker has the right to request a person not to do any of the following in the home health-care worker’s presence while they are providing health care services: 1. Smoke or hold lighted tobacco. 2. Smoke or hold lighted cannabis. 3. Use an electronic cigarette. 4. Consume a prescribed product or substance, in a prescribed manner. 2017, c. 26, Sched. 3, s. 16 (1); 2018, c. 12, Sched. 4, s. 6. Right to leave (2) Where a person refuses to comply with a request referred to in subsection (1), the home health-care worker has the right to leave without providing any further services, unless to do so would present an immediate serious danger to the health of any person. Restriction (3) A home health-care worker who has exercised the right to leave shall comply with any procedures provided for in the regulations. Definition (4) In this section, “home health-care work…

17 (1) Subject to the regulations, no person shall do any of the following in a motor vehicle: 1. Smoke tobacco or have lighted tobacco while another person who is less than 16 years old is present in the vehicle. 2. Use an electronic cigarette or have an activated electronic cigarette while another person who is less than 16 years old is present in the vehicle. 3. Repealed: 2018, c. 12, Sched. 4, s. 7. 4. Consume a prescribed product or substance, in a prescribed manner, or have a prescribed product or substance. 2017, c. 26, Sched. 3, s. 17 (1); 2018, c. 12, Sched. 4, s. 7. Proof of age (2) In a prosecution under this section, a court may find evidence that the person enforcing this section honestly and reasonably believed another person to be less than 16 years old to be sufficient proof of the other person’s age. Enforcement (3) Despite section 20, this section shall be enforced by p…

17.1 (1) No person shall consume cannabis in any manner in a vehicle or boat while, (a) the person is driving or has care or control of the vehicle or boat, regardless of whether the vehicle or boat is in motion; or (b) the person is a passenger in a vehicle or boat that is being driven by another person or that is under the care or control of another person, regardless of whether the vehicle or boat is in motion. 2018, c. 12, Sched. 4, s. 8. Enforcement (2) Despite section 20, this section shall be enforced by police officers or by any other person or class of persons designated in writing by the Minister to enforce this section. 2018, c. 12, Sched. 4, s. 8. Definitions (3) In this section, “boat” includes any ship or boat or any other description of a vessel used or designed to be used in the navigation of water; (“bateau”) “vehicle” means, subject to the regulations, (a) a motor vehic…

Conflict with Other Legislation

18 Where there is a conflict between a provision of this Act and a provision of another Act, a regulation or a municipal by-law that deals with a matter to which this Act applies, the provision that is more restrictive of the matter to which this Act applies prevails, subject to section 19.

Traditional Use of Tobacco by Indigenous Persons

19 (1) The purpose of this section is to acknowledge the traditional use of tobacco that forms part of Indigenous culture and spirituality. 2017, c. 26, Sched. 3, s. 19 (1). Non-application of s. 3 (2) Section 3 does not prohibit a person from giving tobacco to an Indigenous person who is or appears to be less than 19 years of age or 25 years of age, as the case may be, if the gift is made for traditional Indigenous cultural or spiritual purposes. 2017, c. 26, Sched. 3, s. 19 (2). Non-application of smoking prohibitions (3) No provision of this Act or any other Act, regulation or municipal by-law that prohibits smoking in a place or area, (a) prohibits an Indigenous person from smoking tobacco or holding lighted tobacco there, if the activity is carried out for traditional Indigenous cultural or spiritual purposes; or (b) prohibits a non-Indigenous person from smoking tobacco or holding …

Enforcement

20 (1) The Minister may appoint inspectors for the purposes of this Act. Inspection (2) Subject to subsection (4), for the purpose of determining whether this Act is being complied with, an inspector may, without a warrant or notice, and at any time, enter and inspect, (a) any place where a prohibition under section 5, 6 or 12 applies; (b) the establishments of the manufacturers, wholesalers, distributors and retailers of anything to which this Act applies; and (c) 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. …

21 (1) Subject to subsection (2), a person who contravenes a provision of this Act set out in Table 1 or 2 to this section is guilty of an offence and on conviction is liable to a fine determined in accordance with subsection (3). Continuing offence, signs (2) A person who is convicted of contravening section 7 or clause 14 (1) (c) or 15 (c) or subsection 23 (1) or (5) is liable to the fine determined in accordance with subsection (3) for each day or part of a day on which the offence occurs or continues. Determining maximum fine (3) The fine, or daily fine, as the case may be, shall not exceed an amount determined as follows: 1. Establish the number of times the defendant has been convicted of the same offence during the five years preceding the current conviction. 2. If, i. the defendant is an individual and the offence is with respect to tobacco or tobacco products, the amount is set …

Automatic Prohibition, Tobacco Sales Offences

22 (1) For the purpose of this section, the following are tobacco sales offences: 1. Contravening, with respect to tobacco products, subsection 3 (1) or (2), section 7 or 8 or subsection 10 (1), or subsection (4) of this section. 2. Contravening section 8 or 29 of the Tobacco Tax Act. Notice (2) On becoming aware that all of the following conditions have been satisfied, the Minister shall send a notice of the prohibition imposed by subsection (4) to the person who owns or occupies the place and to all wholesalers and distributors of tobacco in Ontario: 1. An owner of the business that operates or operated in the place has been convicted of a tobacco sales offence committed in the place. 2. During the five years preceding the conviction referred to in paragraph 1, the same owner of the business that operates or operated in the place, or a different owner of a business that operates or ope…

23 (1) The owner or occupier of a place that is subject to a prohibition imposed under section 22 shall ensure that signs are posted at the place in accordance with the regulations. Posting by inspector (2) If signs are not posted as required, an inspector may enter the premises without a warrant and post signs in accordance with the regulations. Application of s. 20 (3) Subsections 20 (2), (4), (5) and (6) apply, with necessary modifications, to an inspector acting under subsection (2). Obstruction (4) No person shall hinder, obstruct or interfere with an inspector acting under subsection (2), or attempt to hinder, obstruct or interfere with an inspector acting under subsection (2). Signs not to be removed (5) No person shall remove a sign posted under this section while the prohibition remains in force.

Regulations

24 (1) The Lieutenant Governor in Council may make regulations, (a) defining or clarifying the meaning of any word or expression used in this Act but not otherwise defined in this Act, for the purposes of this Act or any provision of this Act; (b) prescribing and governing for the purposes of this Act or any provision of this Act anything that is referred to in this Act as being prescribed, as being provided for or designated in the regulations or as being done in compliance with or in accordance with the regulations, whether or not the thing being prescribed is otherwise dealt with in this Act; (c) respecting the packaging of tobacco products, vapour products and prescribed products and substances, including warnings that must be included on packages; (d) governing the application of section 17, including, (i) providing for exceptions and conditions, (ii) providing for additional vehicl…

Binding the Crown

25 This Act binds the Crown.

26-29 Omitted (amends, repeals or revokes other legislation).

30 Omitted (provides for coming into force of provisions of this Act).

31 Omitted (enacts short title of this Act). ______________