3.1 (1) No person shall sell, offer to sell, deliver or cause to be delivered in Ontario a tobacco product to a consumer unless the person holds a retail dealer’s permit issued under this section.  2010, c. 1, Sched. 30, s. 2; 2011, c. 15, s. 5; 2016, c. 37, Sched. 26, s. 4 (1). Application process (2) Application for a retail dealer’s permit shall be made in the form and manner required by the Minister.  2010, c. 1, Sched. 30, s. 2. Issuance (3) The Minister shall issue a retail dealer’s permit to an applicant who satisfies such criteria as may be prescribed and the Minister may impose such reasonable conditions and restrictions on the permit as he or she considers appropriate.  2010, c. 1, Sched. 30, s. 2. Duty to notify (4) A person who holds a retail dealer’s permit shall forthwith notify the Minister in writing of all changes in the name or nature of the person’s business or of the termination of the business.  2010, c. 1, Sched. 30, s. 2. Deemed registration (5) A person who holds an authorization from the Minister, issued under subsection 4 (3) or 5 (3) of Ontario Regulation 649/93 (Sales of Unmarked Cigarettes on Indian Reserves), to purchase an allocated amount of unmarked cigarettes is deemed to hold a retail dealer’s permit.  2010, c. 1, Sched. 30, s. 2. (6) Repealed: 2017, c. 8, Sched. 32, s. 4 (1). (7) Repealed: 2017, c. 8, Sched. 32, s. 4 (2). Offence (8) Every person who contravenes subsection (1) is guilty of an offence and, on conviction, is liable to a fine of not less than $500 and not more than $10,000. 2016, c. 37, Sched. 26, s. 4 (2). Same (9) Every person who fails to comply with subsection (4) or with a condition or restriction contained in a retail dealer’s permit issued under this section is guilty of an offence and, on conviction, is liable to a fine of not less than $500 and not more than $10,000. 2016, c. 37, Sched. 26, s. 4 (2). Penalty (10) Every person who operates as a retail dealer without holding a retail dealer’s permit issued under this section shall pay a penalty, when assessed for it, of, (a)  $500 if it is the person’s first penalty assessed under this section; (b)  $1,000 if it is the person’s second penalty assessed under this section; or (c)  $2,500 if the person has been assessed a penalty under this section at least two times before. 2016, c. 37, Sched. 26, s. 4 (2). Same (11) Every person who fails to comply with subsection (4) or with a condition or restriction contained in a retail dealer’s permit issued under this section shall pay a penalty, when assessed for it, of, (a)  $500 if it is the person’s first penalty assessed under this section; (b)  $1,000 if it is the person’s second penalty assessed under this section; or (c)  $2,500 if the person has been assessed a penalty under this section at least two times before. 2016, c. 37, Sched. 26, s. 4 (2). Section Amendments with date in force (d/m/y) R.S.O. 1990, c. T.10, s. 3.1 (7) - no effect - see 2010, c. 1, Sched. 30, s. 2 - 01/07/2010 2010, c. 1, Sched. 30, s. 2 - 01/07/2010 2011, c. 15, s. 5
- 01/06/2011 2016, c. 37, Sched. 26, s. 4 (1, 2) - 08/12/2016 2017, c. 8, Sched. 32, s. 4 (1) - 01/07/2018; 2017, c. 8, Sched. 32, s. 4 (2) - 17/05/2017