Regulation - LGIC

Smoke-Free Ontario Act, 2017 Regulation

Regulation Number(s):
268/18
Bill or Act:
Smoke-Free Ontario Act, 2017
Summary of Proposal:
The Ministry is now proposing amendments to Ontario Regulation 268/18 that would, if approved:

Extend the deadlines by which existing tobacconists would need to register with their local board of health and comply with the 85%/15% inventory and sales requirements described above. Under this proposal, an existing tobacconist would need to register with its local board of health and satisfy the 85%/15% inventory requirement by December 31, 2019. Prior to registering with its local board of health, the existing tobacconist would need to ensure that at least 50% of its inventory is comprised of specialty tobacco products, consistent with the 50% sales requirement that applied under the former Smoke-Free Ontario Act. Then, for every 12 month period after the existing tobacconist registers with its local board of health, the 85%/15% sales requirement would need to be met.

The other conditions set out in subsection 20(1) of Ontario Regulation 268/18 under the SFOA, 2017 would continue to apply to existing tobacconists. These are:

1. The specialty tobacco products and promotional material must not be visible from outside the place of business of the tobacconist at any time of day.
2. The retailer must not permit someone under 19 years old to enter their store, except for the owner, an employee or a support person accompanying an adult with a disability. A person who appears to be less than 25 years old is considered to be less than 19 years old unless they can provide proper identification.
3. Customers can enter the store only from the outdoors or from the areas of an enclosed shopping mall that are:
• Open to the public;
• Common to most of the retail establishments or other businesses within the mall; and
• Not part of a retail establishment or other business within the mall.
4. The place of business of the tobacconist must be a building or must be located within a building.
5. The store cannot be a thoroughfare (e.g., passageway).

Comments regarding the government's proposed regulatory amendments may be submitted electronically to: smokefreeontario2017@ontario.ca

To submit written comments, please forward your response to:

Laura Pisko, Director
Health Improvement Policy and Programs Branch
Ministry of Health and Long-Term Care
393 University Avenue, Suite 2100
Toronto, ON M7A 2S1
Analysis of Regulatory Impact:
No new additional administrative charges.

The proposed amendments would, if approved, extend the deadline by which existing tobacconists would need to register with their local board of health and comply with the 85%/15% inventory requirement under the SFOA, 2017 to December 31, 2019. By offering existing tobacconists significantly more time to become compliant with the 85%/15% inventory requirement, this measure would ease the regulatory impact on affected businesses.
Further Information:
Proposal Number:
19-HLTC003
Posting Date:
January 31, 2019
Comments Due Date:
February 11, 2019
Contact Address:
Laura Pisko, Director
Health Improvement Policy and Programs Branch
Ministry of Health and Long-Term Care
393 University Avenue, Suite 2100
Toronto, ON M7A 2S1