Regulation - LGIC

Smoke-Free Ontario Act

Regulation Number(s):
Ontario Regulation 48/06
Bill or Act:
Smoke-Free Ontario Act
Summary of Proposal:
Ontario Regulation 48/06 made under the Smoke-Free Ontario Act (SFOA) prescribes restaurant and bar patios in Ontario as places where the smoking of tobacco is prohibited under section 9 of the SFOA. In the case of restaurant and bar patios established by a branch of the Royal Canadian Legion, only the following types of patios are prescribed as places where the smoking of tobacco is prohibited:

• Covered or partially covered patios established by a branch of the Royal Canadian Legion prior to November 18, 2013; and

• All patios (covered, partially covered or uncovered) established by a branch of the Royal Canadian legion on or after November 18, 2013.

In other words, the smoking of tobacco is not prohibited on uncovered patios established by a branch of the Royal Canadian Legion prior to November 18, 2013. The date of November 18, 2013 corresponds to the day on which the government first announced its intention to prohibit the smoking of tobacco on all restaurant and bar patios.

The Ministry is proposing to amend Ontario Regulation 48/06 made under the SFOA to extend the rule regarding uncovered patios established prior to November 18, 2013 to all veterans' organizations in Ontario.

The Ministry proposes to define "veterans' organization" in the regulation as an organization that satisfies the following criteria:
• The organization is membership-based with veterans as members;
• The organization's governing documents (e.g. articles of incorporation, constitution, letters patent, by-laws) provide that the provision of programs and services to veterans and their families is a primary object of the organization; and,

• The organization is registered as a charity with the Canada Revenue Agency.

If the proposed regulatory amendments are approved, smoking would not be prohibited on uncovered patios established by a veterans' organization prior to November 18, 2013. However, the smoking of tobacco would remain prohibited on covered and partially covered patios established by a veterans' organization prior to November 18, 2013, and on any patio (covered, partially covered or uncovered) that was or is established by a veterans' organization on or after November 18, 2013.

The Ministry suggests the proposed amendments come into force on July 1, 2015.
Further Information:
Proposal Number:
15-HLTC009
Posting Date:
April 29, 2015
Comments Due Date:
May 29, 2015
Contact Address:
777 Bay Street, Suite 1903, 19th floor
Toronto, ON M7A 1S5