20 (1) In this section, “tobacco offence” means an offence under this Act or under subsection 3 (1) or (2) or section 7 or 8 of the Smoke-Free Ontario Act, 2017.  2007, c. 7, Sched. 40, s. 8; 2017, c. 26, Sched. 3, s. 28 (1). Minister may impose prohibition (2) If the conditions set out in subsection (3) are satisfied, the Minister may, for the period of time determined under this section, (a)  prohibit all persons from selling, offering for sale and storing tobacco products in a particular place owned or occupied by a retail dealer; and (b)  if a prohibition is imposed on persons in respect of a particular place under clause (a), prohibit wholesalers from delivering tobacco products or causing tobacco products to be delivered to that place.  2007, c. 7, Sched. 40, s. 8; 2011, c. 15, s. 29 (1, 2). Same (3) For the purposes of subsection (2), the conditions that must be satisfied in respect of a particular place owned or occupied by a retail dealer are as follows: 1.  The retail dealer, i.  has been assessed a penalty under this Act relating to activities at or in connection with the particular place, or ii.  has been convicted of a tobacco offence relating to activities at or in connection with the particular place. 2.  In the five-year period before the day the penalty was assessed or the retail dealer was convicted of the tobacco offence, as the case may be, the retail dealer, i.  was assessed one or more penalties under this Act relating to activities at or in connection with the particular place, or ii.  was convicted of one or more tobacco offences relating to activities at or in connection with the particular place. 3.  The five-year period referred to in paragraph 2 commences on or after May 17, 2007.  2007, c. 7, Sched. 40, s. 8; 2015, c. 20, Sched. 43, s. 1. Sales of tobacco products, prohibited at particular place during temporary prohibition period (4) If the Minister imposes a temporary prohibition under this section in respect of a particular place owned or occupied by a retail dealer, no person shall sell, offer for sale or store a tobacco product in that place during the time the prohibition is in effect.  2007, c. 7, Sched. 40, s. 8; 2011, c. 15, s. 29 (3). Notice of proposed temporary prohibition (5) If the Minister proposes to impose a temporary prohibition under this section in respect of a particular place, the Minister shall, before imposing the prohibition, serve a notice of the proposal on the retail dealer who owns or occupies the place by personal service or by sending the notice by registered mail to the particular place or to the last known address of the retail dealer.  2007, c. 7, Sched. 40, s. 8. Show cause hearing (6) A notice under subsection (5) must state that the retail dealer may, not more than five days after receiving the notice, request the opportunity to appear before the Minister or his or her delegate to show cause why the temporary prohibition should not be imposed.  2007, c. 7, Sched. 40, s. 8. Latest date for show cause hearing (7) If a retail dealer makes a request under subsection (6), the day on which the retail dealer may appear before the Minister or his or her delegate must not be later than 15 days after the day the notice of the proposal was given by the Minister under subsection (5).  2007, c. 7, Sched. 40, s. 8. If no show cause hearing requested (8) If a retail dealer does not make a request within the time limit set out in subsection (6), the Minister may immediately impose the temporary prohibition in accordance with subsection (11).  2007, c. 7, Sched. 40, s. 8. Minister may impose conditions, etc. (9) The Minister may, in lieu of imposing a temporary prohibition, impose such reasonable conditions and limitations on the retail dealer as the Minister considers appropriate in the circumstances and shall notify the retail dealer of those conditions and limitations.  2007, c. 7, Sched. 40, s. 8. Immediate temporary prohibition (10) Subsections (5), (6) and (7) do not apply and the Minister may immediately impose a temporary prohibition under this section if the retail dealer fails to comply with any conditions or limitations imposed by the Minister under subsection (9).  2007, c. 7, Sched. 40, s. 8. Notice of temporary prohibition (11) Where the Minister imposes a temporary prohibition in respect of a particular place owned or occupied by a retail dealer, (a)  the Minister shall, (i)  serve a notice of the temporary prohibition on the retail dealer by personal service or by sending the notice by registered mail to the particular place or to the last known address of the retail dealer, and (ii)  make a disclosure described in paragraph 10 of subsection 32.1 (1) and post the signs required under section 20.1 if they have not already been posted in accordance with that section; and (b)  the Minister may send a copy of the notice of temporary prohibition to all wholesalers who, to the Minister’s knowledge, deliver tobacco products or cause tobacco products to be delivered to the particular place.  2007, c. 7, Sched. 40, s. 8; 2011, c. 15, s. 29 (4). Duration of temporary prohibition (12) A temporary prohibition shall take effect on the date specified in the notice of the temporary prohibition under subsection (11) and shall continue for the period determined as follows: 1.  Where the temporary prohibition is imposed because of an assessment of a penalty under this Act, the prohibition period ends not more than 15 days after the effective date specified in the notice of prohibition if, with respect to activities at or in connection with the particular place, i.  the retail dealer has been assessed not more than two penalties under this Act in the five-year period before the day the penalty was assessed, or ii.  the retail dealer has been convicted of one or more tobacco offences in the five-year period before the day the penalty was assessed. 2.  Where the temporary prohibition is imposed because of an assessment of a penalty under this Act, the prohibition period ends not more than 30 days after the effective date specified in the notice of prohibition if, with respect to activities at or in connection with the particular place, the retail dealer has been assessed three or more penalties under this Act in the five-year period before the day the penalty was assessed. 3.  Where the temporary prohibition is imposed because the retail dealer was convicted of a tobacco offence, the prohibition period ends not more than 15 days after the effective date specified in the notice of prohibition if, with respect to activities at or in connection with the particular place, the retail dealer has been assessed one or more penalties under this Act in the five-year period before the day of the conviction. 4.  Where the temporary prohibition is imposed because the retail dealer was convicted of a tobacco offence, the prohibition period ends not more than 30 days after the effective date specified in the notice of prohibition if the retail dealer has been convicted of not more than one tobacco offence in the five-year period before the day of the conviction. 5.  Where the temporary prohibition is imposed because the retail dealer was convicted of a tobacco offence, the prohibition period ends not more than 60 days after the effective date specified in the notice of prohibition if the retail dealer has been convicted of two tobacco offences in the five-year period before the day of the conviction. 6.  Where the temporary prohibition is imposed because the retail dealer was convicted of a tobacco offence, the prohibition period ends not more than 180 days after the effective date specified in the notice of prohibition if the retail dealer has been convicted of three or more tobacco offences in the five-year period before the day of the conviction.  2007, c. 7, Sched. 40, s. 8. If retail dealer has been both convicted and assessed a penalty (13) If the duration of a temporary prohibition could be determined under more than one paragraph of subsection (12), the Minister shall determine which of the paragraphs shall apply in  determining the length of the temporary prohibition.  2007, c. 7, Sched. 40, s. 8. Manner of establishing number of penalties and convictions (14) The following rules apply in determining how many penalties have been assessed against a retail dealer and how many offences for which the retail dealer has been convicted in respect of a particular place: 1.  If the retail dealer has been assessed more than one penalty under this Act with respect to the same or connected activities occurring as part of the same series of activities at or in connection with the particular place, the Minister may, at his or her discretion, consider all of the penalties to be one penalty for the purposes of this section. 2.  If the retail dealer has been convicted of more than one tobacco offence with respect to the same or connected activities occurring as part of the same series of activities at or in connection with the particular place, the Minister may, at his or her discretion, consider all of the convictions to be one conviction for the purposes of this section. 3.  If the retail dealer has been convicted of one or more tobacco offences and has been assessed one or more penalties under this Act with respect to the same or connected activities occurring as part of the same series of activities at or in connection with the particular place, the Minister may, at his or her discretion, consider all of the penalties and convictions to be one conviction for the purposes of this section.  2007, c. 7, Sched. 40, s. 8. Right to a hearing after immediate prohibition (15) If the Minister imposes an immediate temporary prohibition under subsection (10), the retail dealer may, within 10 days after receiving the notice of the temporary prohibition under subsection (11), request a hearing before the Minister or his or her delegate, on a day to be fixed not more than 10 days after the Minister receives the request, to determine whether the prohibition should be cancelled or upheld.  2007, c. 7, Sched. 40, s. 8. Cancellation of prohibition (16) The Minister may at any time cancel a temporary prohibition imposed under this section before the prohibition expires and, if the Minister considers it appropriate, impose reasonable conditions or limitations under subsection (9).  2007, c. 7, Sched. 40, s. 8. Section Amendments with date in force (d/m/y) 1994, c. 18, s. 8 (10) - 01/02/1995 2007, c. 7, Sched. 40, s. 8 - 17/05/2007 2011, c. 15, s. 29 (1-4) - 01/06/2011 2015, c. 20, Sched. 43, s. 1 - 04/06/2015 2017, c. 26, Sched. 3, s. 28 (1) - 17/10/2018