Act
Proposed Amendment to Ontario Regulation 48/06 under the Smoke-Free Ontario Act
Regulation Number(s):
Regulation 48/06
Instrument Type:
Act
Bill or Act:
Smoke-Free Ontario Act
Summary of Decision:
Implementation date July 1, 2010.
Further Information:
Smoke-Free Ontario Act
Proposal Number:
10-MHP001
Posting Date:
April 15, 2010
Summary of Proposal:
The Legislature is currently considering amendments to the Smoke-Free Ontario Act that, if passed, would remove the definition of cigarillo from the Act and give statutory authority to define cigarillo through regulation. MHP is undertaking consultation on potential amendments to Regulation 48/06 in the event that the proposed statutory amendments are passed and receive Royal Assent.
MHP is considering a number of amendments to Regulation 48/06 on the sale of cigarillos and the prohibition on the sale of flavoured cigarillos, in order to create more consistency between Ontario's legislation and similar federal legislation.
MHP is proposing to add a definition of cigarillo in Regulation 48/06, which is consistent with the definition of cigarillo used in federal legislation.
MHP is also proposing to include an exemption for menthol flavoured cigarillos under the prohibition on the sale of flavoured cigarillos.
Having parallel and similar federal/provincial legislation will allow Ontario:
- To maintain a nationally coordinated approach to tobacco control.
- Ensure that Ontario’s small businesses (e.g., convenience stores) are not at a disadvantage compared to other provinces.
Having parallel legislation will allow Ontario to utilize its own inspection and enforcement infrastructure.
MHP is also proposing to amend the section of Regulation 48/06 that restricts retailers from promoting tobacco products in retail premises. The amendment reflects recent amendments made to the SFOA and will clarify that restrictions on the promotion of tobacco products can be enforced on the outside of a retail premise as well as inside. For example, the use of sandwich boards and other outdoor signs at retail premises that promote the sale of tobacco products is prohibited.
MHP is considering a number of amendments to Regulation 48/06 on the sale of cigarillos and the prohibition on the sale of flavoured cigarillos, in order to create more consistency between Ontario's legislation and similar federal legislation.
MHP is proposing to add a definition of cigarillo in Regulation 48/06, which is consistent with the definition of cigarillo used in federal legislation.
MHP is also proposing to include an exemption for menthol flavoured cigarillos under the prohibition on the sale of flavoured cigarillos.
Having parallel and similar federal/provincial legislation will allow Ontario:
- To maintain a nationally coordinated approach to tobacco control.
- Ensure that Ontario’s small businesses (e.g., convenience stores) are not at a disadvantage compared to other provinces.
Having parallel legislation will allow Ontario to utilize its own inspection and enforcement infrastructure.
MHP is also proposing to amend the section of Regulation 48/06 that restricts retailers from promoting tobacco products in retail premises. The amendment reflects recent amendments made to the SFOA and will clarify that restrictions on the promotion of tobacco products can be enforced on the outside of a retail premise as well as inside. For example, the use of sandwich boards and other outdoor signs at retail premises that promote the sale of tobacco products is prohibited.
Contact Address:
777 Bay Street, 18th Floor
Toronto, ON M7A 1S5
Toronto, ON M7A 1S5
Royal Assent Date:
July 1, 2010
Decision:
Approved