1 (1) In this Act, “cost of health care benefits” means the sum of, (a)  the present value of the total expenditure by the Crown in right of Ontario for health care benefits provided for insured persons resulting from tobacco related disease or the risk of tobacco related disease, and (b)  the present value of the estimated total expenditure by the Crown in right of Ontario for health care benefits that could reasonably be expected will be provided for those insured persons resulting from tobacco related disease or the risk of tobacco related disease; (“coût des prestations de soins de santé”) “disease” includes general deterioration of health; (“maladie”) “exposure” means any contact with, or ingestion, inhalation or assimilation of, a tobacco product, including any smoke or other by-product of the use, consumption or combustion of a tobacco product; (“exposition”, “exposer”) “health care benefits” means, (a)  payments under the Charitable Institutions Act, (b)  payments under the Health Insurance Act, (c)  payments under the Homemakers and Nurses Services Act, (d)  payments under the Homes for the Aged and Rest Homes Act, (e)  payments under the Integrated Community Health Services Centres Act, 2023, (f)  payments under the Local Health System Integration Act, 2006, (f.1)  payments made under the Connecting Care Act, 2019, (g)  payments under the Long-Term Care Act, 1994, (g.1)  payments under the Long-Term Care Homes Act, 2007, (g.2)  payments under the Fixing Long-Term Care Act, 2021, (h)  payments under the Nursing Homes Act, (i)  payments under the Ontario Drug Benefit Act, (i.1)  payments under the Independent Health Facilities Act, (j)  payments under the Public Hospitals Act, and (k)  other expenditures, made directly or through one or more agents or other intermediate bodies, by the Crown in right of Ontario for programs, services, benefits or similar matters associated with disease; (“prestations de soins de santé”) “insured person” means, (a)  a person, including a deceased person, for whom health care benefits have been provided, or (b)  a person for whom health care benefits could reasonably be expected will be provided; (“assuré”) “joint venture” means an association of two or more persons, if, (a)  the relationship among the persons does not constitute a corporation, a partnership or a trust, and (b)  the persons each have an undivided interest in assets of the association; (“coentreprise”) “manufacture” includes, for a tobacco product, the production, assembly or packaging of the tobacco product; (“fabrication”, “fabriquer”) “manufacturer” means a person who manufactures or has manufactured a tobacco product and includes a person who currently or in the past, (a)  causes, directly or indirectly, through arrangements with contractors, subcontractors, licensees, franchisees or others, the manufacture of a tobacco product, (b)  for any fiscal year of the person, derives at least 10 per cent of revenues, determined on a consolidated basis in accordance with generally accepted accounting principles in Canada, from the manufacture or promotion of tobacco products by that person or by other persons, (c)  engages in, or causes, directly or indirectly, other persons to engage in the promotion of a tobacco product, or (d)  is a trade association primarily engaged in, (i)  the advancement of the interests of manufacturers, (ii)  the promotion of a tobacco product, or (iii)  causing, directly or indirectly, other persons to engage in the promotion of a tobacco product; (“fabricant”) “person” includes a trust, joint venture or trade association; (“personne”) “promote” or “promotion” includes, for a tobacco product, the marketing, distribution or sale of the tobacco product and research with respect to the tobacco product; (“promouvoir”, “promotion”) “tobacco product” means tobacco and any product that includes tobacco; (“produit du tabac”) “tobacco related disease” means disease caused or contributed to by exposure to a tobacco product; (“maladie liée au tabac”) “tobacco related wrong” means, (a)  a tort committed in Ontario by a manufacturer which causes or contributes to tobacco related disease, or (b)  in an action under subsection 2 (1), a breach of a common law, equitable or statutory duty or obligation owed by a manufacturer to persons in Ontario who have been exposed or might become exposed to a tobacco product; (“faute d’un fabricant”) “type of tobacco product” means one or a combination of the following tobacco products: (a)  cigarettes, (b)  loose tobacco intended for incorporation into cigarettes, (c)  cigars, (d)  cigarillos, (e)  pipe tobacco, (f)  chewing tobacco, (g)  nasal snuff, (h)  oral snuff, and (i)  a prescribed form of tobacco. (“type de produit du tabac”)  2009, c. 13, ss. 1 (1), 11; 2019, c. 5, Sched. 3, s. 24; 2021, c. 39, Sched. 2, s. 28; 2023, c. 4, Sched. 1, s. 87 (1, 2). “Manufacturer”, exclusions (2) The definition of “manufacturer” in subsection (1) does not include, (a)  an individual; (b)  a person who, (i)  is a manufacturer only because they are a wholesaler or retailer of tobacco products, and (ii)  is not related to, (A)  a person who manufactures a tobacco product, or (B)  a person described in clause (a) of the definition of “manufacturer”; or (c)  a person who, (i)  is a manufacturer only because clause (b) or (c) of the definition of “manufacturer” applies to the person, and (ii)  is not related to, (A)  a person who manufactures a tobacco product, or (B)  a person described in clause (a) or (d) of the definition of “manufacturer”.  2009, c. 13, s. 1 (2). Meaning of “related” (3) For the purposes of subsection (2), a person is related to another person if, directly or indirectly, the person is, (a)  an affiliate, as defined in section 1 of the Business Corporations Act, of the other person, or (b)  an affiliate of the other person or an affiliate of an affiliate of the other person.  2009, c. 13, s. 1 (3). Meaning of “affiliate” (4) For the purposes of clause (3) (b), a person is deemed to be an affiliate of another person if the person, (a)  is a corporation and the other person, or a group of persons not dealing with each other at arm’s length of which the other person is a member, owns a beneficial interest in shares of the corporation, (i)  carrying at least 50 per cent of the votes for the election of directors of the corporation and the votes carried by the shares are sufficient, if exercised, to elect a director of the corporation, or (ii)  having a fair market value, including a premium for control if applicable, of at least 50 per cent of the fair market value of all the issued and outstanding shares of the corporation; or (b)  is a partnership, trust or joint venture and the other person, or a group of persons not dealing with each other at arm’s length of which the other person is a member, has an ownership interest in the assets of that person that entitles the other person or group to receive at least 50 per cent of the profits or at least 50 per cent of the assets on dissolution, winding up or termination of the partnership, trust or joint venture.  2009, c. 13, s. 1 (4). Deemed affiliate (5) For the purposes of clause (3) (b), a person is deemed to be an affiliate of another person if the other person, or a group of persons not dealing with each other at arm’s length of which the other person is a member, has any direct or indirect influence that, if exercised, would result in control in fact of that person except if the other person deals at arm’s length with that person and derives influence solely as a lender.  2009, c. 13, s. 1 (5). Formula for determining market share (6) For the purposes of determining the market share of a defendant for a type of tobacco product sold in Ontario, the court shall calculate the defendant’s market share for the type of tobacco product by the following formula: dms = 100% × dm / MM where, dms = the defendant’s market share for the type of tobacco product from the date of the earliest tobacco related wrong committed by that defendant to the date of trial, dm =  the quantity of the type of tobacco product manufactured or promoted by the defendant that is sold within Ontario from the date of the earliest tobacco related wrong committed by that defendant to the date of trial, MM = the quantity of the type of tobacco product manufactured or promoted by all manufacturers that is sold within Ontario from the date of the earliest tobacco related wrong committed by the defendant to the date of trial. 2009, c. 13, s. 1 (6). Section Amendments with date in force (d/m/y) 2009, c. 13, s. 11
- 01/07/2010 CTS 22 OC 14 - 1 2017, c. 25, Sched. 9, s. 121 - no effect - see 2023, c. 4, Sched. 1, s. 67 - 18/05/2023 2019, c. 5, Sched. 3, s. 24 - 06/06/2019 2021, c. 39, Sched. 2, s. 28 - 11/04/2022 2023, c. 4, Sched. 1, s. 87 (1, 2) - 25/09/2023