Regulation - LGIC

Smoke-Free Ontario Act

Regulation Number(s):
Ontario Regulation 48/06
Bill or Act:
Smoke-Free Ontario Act
Summary of Proposal:
On November 18, 2013, the Minister of Health and Long-Term Care introduced Bill 131, Youth Smoking Prevention Act, 2013 (Bill) in the Legislative Assembly. The Bill, if passed, would make certain amendments to the Smoke-Free Ontario Act (SFOA).

MOHLTC is also proposing amendments to Ontario Regulation 48/06 made under the SFOA. As indicated below, several proposed amendments are conditional upon amendments to the SFOA being passed by the Legislature.

MOHLTC proposes to amend O. Reg. 48/06 to (see attachment for detailed amendments):
. Prohibit smoking of tobacco and holding of lighted tobacco on playgrounds.
. Prohibit smoking of tobacco and holding of lighted tobacco on sport fields, sport surfaces, spectator areas adjacent to sports fields.
. Prohibit smoking of tobacco and holding of lighted tobacco on all covered and uncovered restaurant and bar patios, excluding any uncovered patio owned or occupied by a Royal Canadian Legion branch in Ontario as of November 18, 2013.
. Prohibit sale of tobacco on post-secondary education campuses.
. Prohibit sale of tobacco in schools and day nurseries.

If the Bill is passed, MOHLTC proposes to amend O. Reg. 48/06 to (see attachment for detailed amendments):
. Prohibit smoking of tobacco and holding of lighted tobacco on outdoor grounds of specific provincial government properties, except in outdoor areas designated by the government.
. Prohibit smoking of tobacco and holding of lighted tobacco on outdoor grounds of hospitals, except in outdoor areas designated by the board of the hospital.
. Prohibit sale of tobacco on specific provincial government properties.
. Exempt certain flavoured tobacco products primarily used by adults from the prohibition on the sale of flavoured tobacco products. Exempted products would include: any tobacco product (except a cigarillo) containing menthol, tobacco enhancing flavours and specific flavours used to reduce the harsh taste of certain types of tobacco, such as burley tobacco.

MOHLTC suggests the proposed amendments come into force on July 1, 2014, except for the prohibition on smoking tobacco on patios which would come into force on January 1, 2015.

Content of final regulations are at the discretion of the Lieutenant Governor in Council (LGIC) who may make any changes the LGIC considers appropriate.
Further Information:
Proposal Number:
13-HLTC027
Posting Date:
November 18, 2013
Comments Due Date:
January 2, 2014
Contact Address:
777 Bay Street, Suite 1903, 19th floor
Toronto, ON M7A 1S5