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OntarioDid not become law (session ended)40th Parliament, 2nd Session

Bill 130 explained in plain English

Smoke-Free Ontario Amendment Act (Prohibiting Flavoured Tobacco, New Tobacco Products and Smokeless Tobacco), 2013

Ontario legislature bill summary, status, timeline, sponsor, votes, and official sources.

At a glance

Jurisdiction
Ontario Legislature
Legislature / Parliament
Legislative Assembly of Ontario
Session
40th Parliament, 2nd Session
Bill number
Bill 130
Full title
Smoke-Free Ontario Amendment Act (Prohibiting Flavoured Tobacco, New Tobacco Products and Smokeless Tobacco), 2013
Current status
Did not become law (session ended)
Latest event
Carried
Last updated
Nov 18, 2013

Official Legislative Assembly of Ontario snapshot for 40th Parliament, 2nd Session. Representative vote breakdowns appear when the Assembly publishes an Ayes and Nays page for the bill.

Chamber
Legislative Assembly of Ontario
Current Stage
Carried
Latest Activity
Nov 18, 2013
Plain-language explanation
In plain English (our explanation)

Our plain-language take, written for civic education.

Source: By PoliticalData.ca

AI-assisted, reviewed before publishing
Short Version

Bill 130 amends the Smoke-Free Ontario Act to ban the sale of most flavoured tobacco, all new tobacco products, and all smokeless tobacco products, while also adjusting associated penalties.

What It Means

This bill amends the Smoke-Free Ontario Act to prohibit the sale and distribution of certain tobacco products. Specifically, it bans flavoured tobacco products with the exception of menthol-flavoured cigarillos and tobacco products containing only menthol, l-menthol, or l-menthone. It also prohibits the sale and distribution of "new tobacco products" (defined as tobacco products never lawfully sold or distributed in Ontario, excluding new brands) and "smokeless tobacco products" (defined as tobacco products that are inhaled or chewed, including snuff). The bill also changes the penalty amounts for contravening these prohibitions.

What This Bill Does
  • Prohibits the sale or distribution of flavoured tobacco products, with exceptions for menthol-flavoured cigarillos and tobacco products containing only specific menthol flavouring agents.
  • Prohibits the sale or distribution of new tobacco products, defined as tobacco products not previously sold or distributed in Ontario, excluding new brands.
  • Prohibits the sale or distribution of smokeless tobacco products, which include products intended for inhalation or chewing.
  • Amends the penalties for contravening sections of the Smoke-Free Ontario Act related to tobacco product sales and distribution.
Who Is Affected
  • Tobacco product manufacturers and distributors.
  • Retailers selling tobacco products.
  • Consumers of tobacco products, particularly those using flavoured, new, or smokeless tobacco.
  • The Ministry of Health and Long-Term Care (implied by the enforcement of the Smoke-Free Ontario Act).
Rights, Duties, Or Obligations
  • Obligation not to sell or distribute prohibited flavoured tobacco products (except menthol exceptions).
  • Obligation not to sell or distribute new tobacco products.
  • Obligation not to sell or distribute smokeless tobacco products.
  • Right to sell or distribute menthol-flavoured cigarillos or tobacco products containing only specific menthol flavouring agents.
  • Right to sell or distribute new brands of tobacco products (as these are excluded from the definition of "new tobacco product").
Important Dates
  • The Act comes into force on the day it receives Royal Assent.
  • Subsections 2 (2) and 6 (2) come into force one year after Royal Assent.
  • Section 4 and subsections 5 (2) and (4) come into force five years after Royal Assent.
Financial Or Tax Impacts
  • Amendments to the Table to section 15 of the Smoke-Free Ontario Act adjust the maximum fines for contravening certain sections. For contraventions of sections 5, 6.1, or 6.2, the fines can range from $0 to $2,000 for a first offence, $5,000 for a second offence, $10,000 for a third offence, and $50,000 for three or more offences. For contraventions of sections 5, 6.1, 6.2, or 6.3, the maximum fine for three or more offences is $300,000.
  • The previously specified fines for contravening sections 5, 6.1, or 9 were $0-$2,000 (first offence), $5,000 (second), $10,000 (third), and $50,000 (three or more).
Enforcement Or Penalties
  • Contravention of sections 6.2 (new tobacco products) and 6.3 (smokeless tobacco products) is an offence.
  • The maximum fines for contravening sections of the Act related to tobacco product sales are: up to $2,000 for a first offence, up to $5,000 for a second offence, up to $10,000 for a third offence, and up to $50,000 for three or more offences for individuals. For corporations, the fines can be up to $100,000 for a first offence, up to $300,000 for a second offence, and up to $300,000 for three or more offences.
  • The bill updates the penalty table in section 15 of the Act to reflect the new prohibitions.
Uncertainties Or Limits
  • The specific list of "flavouring agents" that are permitted in tobacco products remains limited to menthol, l-menthol, and l-menthone.
  • The definition of "new tobacco product" excludes "a new brand of a tobacco product", but the distinction and its implications are not further detailed in the provided text.
  • The bill indicates different commencement dates for various sections, but the exact Royal Assent date is not provided in the text, making precise start dates for all provisions uncertain without further information.
  • The bill does not specify which regulatory bodies will be responsible for enforcement or how the fines will be collected.
Laws Or Regulations Affected
Smoke-Free Ontario Act
amends

Introduces new prohibitions on flavoured tobacco products (except menthol), new tobacco products, and smokeless tobacco products, and amends existing provisions related to offences and penalties.

Source: Sections 1, 2, 3, 4, 5, 6, and 8

Section 6.1 of the Smoke-Free Ontario Act
amends

Restricts the sale and distribution of flavoured tobacco products, allowing only menthol-flavoured cigarillos or tobacco products with specific menthol flavouring agents as exceptions.

Source: Section 2

Section 15 of the Smoke-Free Ontario Act
amends

Updates the offence provisions to include contraventions of new sections prohibiting new tobacco products and smokeless tobacco products. It also modifies the fine amounts for certain offences.

Source: Section 5

Generated using AI from official bill text. Not legal advice. It is written by PoliticalData.ca for civic education, automatically checked and spot-reviewed before publishing.

Official text

Process Snapshot

Step 1
First reading
Nov 18, 2013
Step 2
Second reading
Not reached yet
Step 3
Committee review
Not reached yet
Step 4
Third reading
Not reached yet
Step 5
Royal assent
Not reached yet

Vote Summary

No published recorded division

This bill is still active. We only show vote counts after the legislature publishes a recorded division.

Sponsor
France Gélinas
New Democratic Party of Ontario | Nickel Belt
Jurisdiction
Ontario Legislature

No published representative vote breakdown

This bill is still moving through the process. When a recorded division is published, representative positions can be listed here.

Official sources

Status, sponsor, votes, and timeline on this page are drawn from these official legislative sources and public records. Each summary above is attributed to its own source.

How this data is sourced