Regulation - LGIC

Smoke-Free Ontario Act, 2017 Regulation

Regulation Number(s):
Ontario Regulation 268/18
Bill or Act:
Smoke-Free Ontario Act, 2017
Summary of Proposal:
The Smoke-Free Ontario Act, 2017 (SFOA, 2017) received Royal Assent on December 12, 2017, and is scheduled to come into force on a day to be proclaimed by the Lieutenant Governor. The government will be proposing a coming into force date of October 17, 2018. Once in force, the SFOA, 2017 will repeal the current Smoke-Free Ontario Act and Electronic Cigarettes Act, 2015 and replace them with a single legislative framework to regulate tobacco products and vapour products.

The SFOA, 2017 also contains rules respecting the smoking of medical cannabis. Rules respecting the consumption of recreational cannabis are currently included in Ontario's Cannabis Act, 2017 (not yet in force).

On September 27, 2018, the government introduced Bill 36, Cannabis Statute Law Amendment Act, 2018. The Bill proposes to amend several Ontario statutes, including the SFOA, 2017 and Cannabis Act, 2017. The proposed amendments, if passed, would:

• Make the Smoke-Free Ontario Act, 2017 apply to the consumption of cannabis, both medical and recreational

• Prohibit the smoking of cannabis in the same places where the smoking of tobacco and the use of electronic cigarettes are prohibited (e.g. enclosed workplaces, enclosed public places, and other specified places)

• Exempt the smoking of cannabis in the same enclosed workplaces where the smoking of tobacco and/or the use of electronic cigarettes are exempt (e.g. controlled areas inside certain residential care facilities, designated guest rooms in hotels, motels and inns, and scientific research and testing facilities)

• Prohibit any method of cannabis consumption (e.g. smoking, vaping, ingestion) in a vehicle or boat that is being driven or under a person's care or control, subject to exemptions that may be prescribed by regulation

Bill 36, if passed, would also amend the SFOA, 2017 to create rules for the display and promotion of vapour products and other prescribed products or substances that are separate from the rules for the display and promotion of tobacco products and tobacco product accessories. The rules for the display and promotion of vapour products and other prescribed products or substances would be made subject to the regulations.

If the above legislative amendments are passed, then the government would also consider amendments to Ontario Regulation 268/18 under the SFOA, 2017 that would, if approved:

• Replace references to "medical cannabis" with "cannabis"

• Update references to relevant federal legislation respecting medical cannabis and vapour products

• Permit the display and promotion of vapour products in stores, as long as the display or promotion complies with Division 2 of Part IV of the Tobacco and Vaping Products Act (Canada)

• Clarify that rules for the display and promotion of tobacco products and tobacco product accessories do not apply to vapour products manufactured or sold for use with tobacco, but packaged without a tobacco component

• Exempt the use of an electronic cigarette in a specialty vape store for the purposes of sampling a vapour product, if certain conditions are met

• Provide an evidentiary rule for proving in a prosecution that a substance is cannabis

• Exempt certain vehicles, boats, substances and activities from the proposed prohibition on consuming cannabis in a vehicle or boat
Analysis of Regulatory Impact:
No new additional administrative charges.
Further Information:
Proposal Number:
18-HLTC024
Posting Date:
September 27, 2018
Comments Due Date:
October 8, 2018
Contact Address:
Laura Pisko, Director
Health Protection Policy and Programs Branch
Ministry of Health and Long-Term Care
393 University Avenue, Suite 2100
Toronto, ON M7A 2S1