jswizzle3737/ontario_laws_and_regs huggingface dataset:
Interpretation
 1. (1) In this Regulation, “office building” means a building used or occupied, wholly or partly, for office purposes; (“immeuble à bureaux”) “specialty tobacco products” includes tobacco products and tobacco product accessories, but does not include cigarettes within the meaning of the Tobacco Tax Act
and the regulations under that Act; (“produits du tabac de spécialité”) “tobacco product accessories” means products that may be used in the consumption of a tobacco product, including a humidor, pipe, cigarette holder, cigar clip, lighter and matches. (“accessoires de produits du tabac”) O. Reg. 48/06, s. 1 (1); O. Reg. 336/15, s. 1. (2) For the purposes of section 14, “roof” means a physical barrier of any size, whether temporary or permanent, that covers an area or place or any part of an area or place, and that is capable of excluding rain or impeding airflow, or both.  O. Reg. 48/06, s. 1 (2); O. Reg. 261/09, s. 1. (3) For the purposes of section 14, “wall” means a physical barrier of any size, capable of excluding rain or capable of impeding airflow, or both, including a moveable or temporary barrier.  O. Reg. 48/06, s. 1 (3).
Cigarillos
 1.1 For the purposes of subsection 1 (1) of the Act, “cigarillo” includes any of the following products: 1. A tobacco product that, i. weighs less than 1.4 grams, excluding the weight of any mouthpiece or tip, ii. is in the form of a roll or a tube, and iii. has a wrapper that contains natural or reconstituted leaf tobacco. 2. A tobacco product that, i. has a cellulose acetate or other type of filter, ii. is in the form of a roll or a tube, and iii. has a wrapper that contains natural or reconstituted leaf tobacco.  O. Reg. 237/10, s. 1.
Flavouring agent
 1.2 For the purposes of the Act and this Regulation, “flavouring agent” means one or more artificial or natural ingredients contained in any of the component parts of a tobacco product, as a constituent or an additive, that impart a distinguishing aroma or flavour other than tobacco either before or during the consumption of the tobacco product. O. Reg. 336/15, s. 2.
Signs
 2. All signs required to be posted under the Act and regulations shall be posted in a conspicuous manner and shall not be obstructed from view.  O. Reg. 48/06, s. 2.
Identification of persons to be at least 19
 3. (1) For the purposes of subsection 3 (3) of the Act, an item of identification is prescribed if it includes a photograph of the person, states his or her date of birth, and reasonably appears to have been issued by a government.  O. Reg. 48/06, s. 3 (1). (2) Without limiting the generality of subsection (1), the item of identification may be any of the types prescribed in subsection (3).  O. Reg. 48/06, s. 3 (2). (3) The following types of identification are prescribed for the purpose of subsection 3 (3) of the Act: 1. A driver’s licence issued by the Province of Ontario with a photograph of the person to whom the licence is issued. 2. A Canadian passport. 3. A Canadian citizenship card with a photograph of the person to whom the card is issued. 4. A Canadian Armed Forces identification card. 5. A photo card issued by the Liquor Control Board of Ontario.  O. Reg. 48/06, s. 3 (3).
Display exemptions for tobacconists
 4. (1) For the purposes of section 3.1 of the Act, a tobacconist is a retail establishment that is registered with the Ministry of Health and Long-Term Care as a tobacconist and where, (a) at least 50 per cent of the establishment’s total sales for the previous 12 months is from specialty tobacco products; or (b) if the retail establishment has been in operation for less than 12 months, at least 50 per cent of the establishment’s total inventory purchases for the time it has been in existence consists of specialty tobacco products or at least 50 per cent of the total sales for the time it has been in existence consists of specialty tobacco products.  O. Reg. 48/06, s. 4 (1); O. Reg. 336/15, s. 3. (2) A retailer who sells tobacco products at a tobacconist is exempt from subsections 3.1 (1) and (2) of the Act only with respect to the display of specialty tobacco products at that tobacconist, subject to the following conditions: 1. The retailer shall not permit a person who is less than 19 years old to enter the tobacconist unless the person is accompanied by a person who is at least 19 years old.  For the purposes of this paragraph, a person who appears to be less than 25 years old is deemed to be less than 19 years old unless the proprietor of the tobacconist has required the person to provide identification and is satisfied that the person is at least 19 years old. 2. Customers of the tobacconist can enter the tobacconist only from the outdoors or from the areas of an enclosed shopping mall that are, i. open to the public, ii. common to most of the retail establishments or other businesses within the mall, and iii. not part of a retail establishment or other business within the mall. 3. The tobacconist must not be a thoroughfare.  O. Reg. 48/06, s. 4 (2).
Display exemptions for duty free retailers
 5. A retailer who sells tobacco products at a duty free shop as defined in subsection 2 (1) of the Customs Act (Canada) is exempt from subsections 3.1 (1) and (2) of the Act in respect of sales of tobacco products at the duty free shop, subject to the following conditions: 1. Tobacco products and tobacco product accessories are not visible from outside the duty free shop. 2. Customers of the duty free shop can enter the duty free shop only from the outdoors or from the areas of an enclosed shopping mall that are, i. open to the public, ii. common to most of the retail establishments or other businesses within the mall, and iii. not part of a retail establishment or other business within the mall. 3. The duty free shop must not be a thoroughfare.  O. Reg. 48/06, s. 5.
Display exemptions for manufacturers
 6. (1) For the purposes of this section, a manufacturer of tobacco products is a person who, (a) manufactures, fabricates or produces tobacco products for distribution, sale or storage in Ontario; and (b) holds a manufacturer’s registration certificate under section 7 of the Tobacco Tax Act.  O. Reg. 48/06, s. 6 (1). (2) For the purposes of this section, a manufacturer includes any entity that is associated with a manufacturer, including an entity that controls or is controlled by the manufacturer or that is controlled by the same entity that controls the manufacturer.  O. Reg. 48/06, s. 6 (2). (3) A manufacturer of tobacco products is exempt from section 3.1 of the Act in respect of a place where tobacco products are manufactured, fabricated or produced by the manufacturer, subject to the following conditions: 1. The place is registered with the Ministry of Health and Long-Term Care for the purposes of the exemption. 2. The manufacturer shall not permit a person who is less than 19 years old to enter the place unless the person is accompanied by a person who is at least 19 years old.  For the purposes of this paragraph, a person who appears to be less than 25 years old is deemed to be less than 19 years old unless the manufacturer has required the person to provide identification and is satisfied that the person is at least 19 years old. 3. Tobacco products and tobacco product accessories are not visible from outside the place. 4. Customers can enter the place only from the outdoors or from the areas of an enclosed shopping mall that are, i. open to the public, ii. common to most of the retail establishments or other businesses within the mall, and iii. not part of a retail establishment or other business within the mall. 5. The place must not be a thoroughfare.  O. Reg. 48/06, s. 6 (3); O. Reg. 336/15, s. 4.
Promotion of tobacco products
 7. For the purposes of subsection 3.1 (3) of the Act, a sign in or at any place where tobacco products are sold or offered for sale that refers to tobacco products or tobacco product accessories, or both, is “promotional material” if the sign is not required to be displayed in the place by the Act or this Regulation and one or more of the following applies: 1. The text of the sign is visible from outside the place where tobacco products are sold or offered for sale. 2. The size of the sign exceeds 968 square centimetres. 3. The background of the sign is a colour other than white, and the text of the sign is a colour other than black. 4. The sign includes text or a graphic that identifies or reflects a brand of tobacco or tobacco-related product, or of any element of such a brand. 5. The sign is one of more than three signs in the place that refer to tobacco products or tobacco product accessories or both and that are not required to be displayed in the place by the Act or this Regulation.  O. Reg. 48/06, s. 7; O. Reg. 237/10, s. 2; O. Reg. 336/15, s. 5.
Prohibition of sale in designated places
 8. (1) The following are prescribed classes of places for the purposes of paragraph 10 of subsection 4 (2) of the Act: 1. Campuses of post-secondary institutions. 2. Schools within the meaning of the Education Act. 3. The buildings or portions of buildings occupied by private schools within the meaning of the Education Act and the grounds surrounding the buildings of private schools, in cases where a private school is the only occupant of premises, and the grounds annexed to private schools, in cases where a private school is not the only occupant of premises. 4. Child care centres within the meaning of the Child Care and Early Years Act, 2014. 5. Places where home child care is provided within the meaning of the Child Care and Early Years Act, 2014, whether or not children are present. 6. Premises licensed under the Independent Health Facilities Act. O. Reg. 206/14, s. 1; O. Reg. 336/15, s. 6 (1). (1.1) The office buildings owned by the Province and identified in Schedule 3 are prescribed places for the purposes of paragraph 10 of subsection 4 (2) of the Act. O. Reg. 336/15, s. 6 (2). (2) In this section, “campus” includes, (a) buildings owned by post-secondary institutions that are used in whole or in part to offer post-secondary education programs to students or provide recreational or residential services to students, (b) areas leased by post-secondary institutions that are used to offer post-secondary education programs to students or provide recreational or residential services to students, (c) buildings owned by post-secondary student unions that are used in whole or in part to offer post-secondary education programs to students or provide recreational or residential services to students, and (d) areas leased by post-secondary student unions that are used to offer post-secondary education programs to students or provide recreational or residential services to students; (“campus”) “post-secondary institution” means, (a) a college of applied arts and technology, (b) a university or other institution that receives regular and ongoing operating funds from Ontario for the purpose of providing post-secondary education, or (c) an institution offering post-secondary education programs that has an agreement to federate or affiliate with a university; (“établissement postsecondaire”) “post-secondary student union” means a body intended to represent all the students of a post-secondary institution. (“association d’étudiants de niveau postsecondaire”) O. Reg. 206/14, s. 1.
Packaging requirements
 9. For the purposes of subsection 5 (1) of the Act, tobacco must be packaged in accordance with the requirements under the Tobacco Act (Canada) and the regulations made under that Act and the package must bear or contain the information required under that Act and those regulations.  O. Reg. 48/06, s. 9.
Signs at retail
 10. (1) For the purposes of section 6 of the Act, a person who sells or offers to sell tobacco at retail shall post an age restriction and health warning sign described in subsection (2) and an identification sign described in subsection (3) at any location where tobacco is sold or supplied in a place where each sign is clearly visible to the person who sells or supplies the tobacco and to the person to whom the tobacco is sold or supplied. O. Reg. 336/15, s. 7. (2) The age restriction and health warning sign referred to in subsection (1) shall meet the following requirements: 1. The sign shall be 18 centimetres in height and 35 centimetres in width. 2. The sign shall be a copy of the sign entitled “Tobacco Age Restriction and Health Warning”, dated October 1, 2015 and accessible through www.ontario.ca/smokefree. O. Reg. 336/15, s. 7. (3) The identification sign referred to in subsection (1) shall meet the following requirements: 1. The sign shall be 9 centimetres in height and 18 centimetres in width. 2. The sign shall be a copy of the sign entitled “Tobacco Identification”, dated October 1, 2015 and accessible through www.ontario.ca/smokefree. O. Reg. 336/15, s. 7. 11. Revoked: O. Reg. 336/15, s. 7.
Exempt tobacco products
 11.1 (1) Subsection 6.1 (2) of the Act does not apply with respect to the following tobacco products: 1. A flavoured cigar that, i. weighs more than 1.4 grams but less than 6 grams, excluding the weight of any mouthpiece or tip, ii. has a wrapper fitted in spiral form, iii. has no tipping paper, and iv. contains only a flavouring agent that imparts a flavour or aroma of wine, port, whiskey or rum. 2. A flavoured cigar that, i. weighs 6 grams or more, excluding the weight of any mouthpiece or tip, ii. has a wrapper fitted in spiral form, and iii. has no tipping paper. 3. Flavoured pipe tobacco. 4., 5.  Revoked: O. Reg. 336/15, s. 8 (2). O. Reg. 336/15, s. 8. (2) Revoked: O. Reg. 336/15, s. 8 (2).
Places where smoking prohibited
 12. (1) The following are prescribed places for the purposes of paragraph 7 of subsection 9 (2) of the Act: 1. The outdoor grounds of a hospital within the meaning of the Public Hospitals Act, and the area within a 9 metre radius surrounding any entrance or exit of such a hospital. 2. The outdoor grounds of a private hospital within the meaning of the Private Hospitals Act, and the area within a 9 metre radius surrounding any entrance or exit of such a hospital. 3. The outdoor grounds of a psychiatric facility within the meaning of the Mental Health Act,
and the area within a 9 metre radius surrounding any entrance or exit of such a facility. 4. The outdoor grounds of an office building that is owned by the Province and identified in Schedule 3. 5. The area within a 9 metre radius surrounding any entrance or exit of an independent health facility licensed under the Independent Health Facilities Act. 6. The area within a 9 metre radius surrounding any entrance or exit of a long-term care home under the Long-Term Care Homes Act, 2007. O. Reg. 336/15, s. 8 (1). (2), (3) Revoked: O. Reg. 336/15, s. 8 (3).
Restaurant and bar patios
 13. (1) Restaurant and bar patios are prescribed areas for the purposes of paragraph 7 of subsection 9 (2) of the Act. O. Reg. 206/14, s. 2. (2) A restaurant or bar patio is an area that is not an enclosed public place or an enclosed workplace and that meets all the criteria set out in the following paragraphs: 1. The public is ordinarily invited or permitted access to the area, either expressly or by implication, whether or not a fee is charged for entry, or the area is worked in or frequented by employees during the course of their employment, whether or not they are acting in the course of their employment at the time. 2. Food or drink is served or sold or offered for consumption in the area, or the area is part of or operated in conjunction with an area where food or drink is served or sold or offered. 3. The area is not primarily a private dwelling. O. Reg. 206/14, s. 2; O. Reg. 163/15, s. 1 (1). (3) An area that would otherwise be a restaurant or bar patio as described in subsection (2) is not a restaurant or bar patio for the purposes of paragraph 7 of subsection 9 (2) of the Act if the area, (a) was operated by a branch of the Royal Canadian Legion or another veterans’ organization immediately before November 18, 2013 and has been continually operated by a branch of the Royal Canadian Legion or another veterans’ organization since that date; and (b) was not, immediately before November 18, 2013, and is not at any time after that date a “covered or partially covered restaurant or bar patio” within the meaning of this Regulation as it read on November 18, 2013.  O. Reg. 163/15, s. 1 (2). (4) In subsection (3), “veterans’ organization” means an organization, (a) that may include members who are veterans of armed forces, (b) the primary purpose of which is to provide programs or services to veterans of armed forces or to such veterans and their families, and (c) that is a registered charity under the Income Tax Act (Canada).  O. Reg. 163/15, s. 1 (2).
Children’s playgrounds and play areas
 13.1 (1) Children’s playgrounds and all public areas within 20 metres of any point on the perimeter of a children’s playground are prescribed areas for the purposes of paragraph 7 of subsection 9 (2) of the Act. O. Reg. 206/14, s. 2. (2) For the purposes of this section, a children’s playground is an area that is not an enclosed public place or an enclosed workplace and that meets all the criteria set out in the following paragraphs: 1. The area is primarily used for the purposes of children’s recreation, and is equipped with children’s play equipment, such as, but without being limited to, i. slides, ii. swings, iii. climbing apparatuses, iv. splash pads, v. wading pools, or vi. sand boxes. 2. The public is ordinarily invited or permitted access to the area, either expressly or by implication, whether or not a fee is charged for entry. 3. The area is not part of the amenities provided by a residential location, such as, but without being limited to, an apartment or condominium complex or a campground. O. Reg. 206/14, s. 2. (3) For greater certainty, a hotel, motel, inn or similar place is not a “residential location” for the purposes of paragraph 3 of subsection (2). O. Reg. 206/14, s. 2.
Sporting areas, etc.
 13.2 (1) The following are prescribed areas for the purposes of paragraph 7 of subsection 9 (2) of the Act: 1. Sporting areas. 2. Spectator areas adjacent to sporting areas. 3. Public areas within 20 metres of any point on the perimeter of a sporting area or a spectator area adjacent to a sporting area. O. Reg. 206/14, s. 2. (2) For the purposes of this section, a sporting area is an area that is not an enclosed public place or an enclosed workplace and that meets all the criteria set out in the following paragraphs: 1. The area is owned by the Province or a municipality, by an agent of the Province or a municipality, or by a post-secondary institution as defined in subsection 8 (2). 2. The public is ordinarily invited or permitted access to the area, either expressly or by implication, whether or not a fee is charged for entry. 3. The area is used primarily for the purposes of sports such as, but without being limited to the following, but not including golf, whether or not a fee is paid for the use: i. soccer, ii. football, iii. basketball, iv. tennis, v. baseball, softball or cricket, vi. skating, vii. beach volleyball, viii. running, ix. swimming, or x. skateboarding. O. Reg. 206/14, s. 2.
Smoking shelters
 14. For the purposes of paragraph 7 of subsection 9 (2) of the Act, a place or area is prescribed if it meets all of the following conditions: 1. The public is ordinarily invited or permitted access to the place or area, either expressly or by implication, whether or not a fee is charged for entry, or the place or area is worked in or frequented by employees during the course of their employment whether or not they are acting in the course of their employment at the time. 2. The place or area has a roof and more than two walls. 3. The place or area is not primarily a private dwelling.  O. Reg. 48/06, s. 14.
Employer obligations
 15. (1) For the purposes of clause 9 (3) (c) and section 10 of the Act, an employer shall place the sign described in subsection (2) at each entrance and exit of the enclosed workplace, place or area in appropriate locations and in sufficient numbers to ensure that employees and the public are aware that no smoking is permitted in the enclosed workplace, place or area.  O. Reg. 48/06, s. 15 (1); O. Reg. 206/14, s. 3; O. Reg. 336/15, s. 9 (1). (2) The sign referred to in subsection (1) shall, (a) be at least 10 centimetres in height and at least 10 centimetres in width; (b) have a graphic of the international no smoking symbol with a white background; and (c) have the Trillium and Smoke-Free Ontario logos shown on the sign entitled “Tobacco Sign for Employers and Proprietors”, dated October 1, 2015 and accessible through www.ontario.ca/smokefree. O. Reg. 336/15, s. 9 (2). (3) For the purposes of clause 9 (3) (f) of the Act, an employer must ensure that any room that is designated under paragraph 2 of subsection 9 (7), (8) or (9) of the Act or paragraph 3 of subsection 9 (10) of the Act meets the requirements for the room set out in the Act and section 18 of this Regulation.  O. Reg. 48/06, s. 15 (3). (4) Revoked: O. Reg. 336/15, s. 9 (4).
Procedure for employees
 16. For the purposes of subsection 9 (5) of the Act, section 50 of the Occupational Health and Safety Act, with the exception of subsections 50 (1), (2.1), (2.2) and (2.3), applies with necessary modifications when an employee complains that subsection 9 (4) of the Act has been contravened. O. Reg. 336/15, s. 10.
Proprietor obligations
 17. (1) For the purposes of clause 9 (6) (c) and section 10 of the Act, a proprietor shall place the sign described in subsection (2) at each entrance and exit of the enclosed public place, place or area in appropriate locations and in sufficient numbers to ensure that the public are aware that no smoking is permitted in the enclosed public place, place or area.  O. Reg. 48/06, s. 17 (1); O. Reg. 336/15, s. 11 (1). (2) The sign referred to in subsection (1) shall, (a) be at least 10 centimetres in height and at least 10 centimetres in width; (b) have a graphic of the international no smoking symbol with a white background; and (c) have the Trillium and Smoke-Free Ontario logos shown on the sign entitled “Tobacco Sign for Employers and Proprietors”, dated October 1, 2015 and accessible through www.ontario.ca/smokefree. O. Reg. 336/15, s. 11 (2). (3) For the purposes of clause 9 (6) (f) of the Act, the proprietor must ensure that any room that is designated under paragraph 2 of subsection 9 (7), (8) or (9) of the Act or paragraph 3 of subsection 9 (10) of the Act meet the requirements for the room set out in the Act and section 18 of this Regulation.  O. Reg. 48/06, s. 17 (3). (4) Revoked: O. Reg. 336/15, s. 11 (4).
Supportive housing residence
 19. For the purposes of subparagraph 1 v of subsection 9 (7) of the Act, “supportive housing residence” includes homes for special care licensed under the Homes for Special Care Act.  O. Reg. 48/06, s. 19.
Psychiatric facilities
 20. For the purposes of paragraph 1 of subsection 9 (8) of the Act, the following psychiatric facilities are designated: 1. A psychiatric facility that is designated under the Mental Hospitals Act as a facility to which that Act applies. 2. A psychiatric facility under the Mental Health Act that was formerly designated under the Mental Hospitals Act as a facility to which the Mental Hospitals Act applies and that became a division or other part of another facility as a result of the implementation of a plan for the restructuring of hospital services.  O. Reg. 48/06, s. 20.
Facilities for veterans
 21. For the purposes of paragraph 1 of subsection 9 (9) of the Act, the following facilities for veterans are designated: 1. The Parkwood Hospital site of St. Joseph’s Health Care London. 2. The Kilgour wing (K wing) and the George Hees wing (L wing) of the Sunnybrook and Women’s College Health Sciences Centre.  O. Reg. 48/06, s. 21.
Signs — hotels, motels, inns
 22. (1) For the purposes of clauses 9 (3) (c) and (6) (c) and section 10 of the Act, the employer and the proprietor shall post the sign described in subsection (2) in every guest room that has not been designated under paragraph 3 of subsection 9 (10) of the Act and in every washroom associated with the guest room.  O. Reg. 48/06, s. 22 (1). (2) The sign referred to in subsection (1) shall, (a) be at least 10 centimetres in height and at least 10 centimetres in width; (b) have a graphic of the international no smoking symbol with a white background; and (c) have the Trillium and Smoke-Free Ontario logos shown on the sign entitled “Tobacco Sign for Hotels, Motels and Inns”, dated October 1, 2015 and accessible through www.ontario.ca/smokefree. O. Reg. 336/15, s. 13.
Home health-care worker
 23. (1) For the purposes of subsection 9.1 (3) of the Act, a home health-care worker who has exercised his or her right to leave must phone his or her employer within 30 minutes of leaving, or as soon as is reasonably possible after that, and inform the employer, (a) that the worker has left; (b) whether an appropriate person is present and available to care for the person to whom the health-care services were being provided or were to be provided; (c) if the person to whom the health-care services were being provided or were to be provided would require care in the next 24 hours; (d) in what situation the person to whom the health-care services were being provided or were to be provided was when the worker left; and (e) whether there are any unusual circumstances and if so, what they are.  O. Reg. 48/06, s. 23 (1). (2) The home health-care worker shall also follow any guidelines provided by the employer that are reasonably aimed at ensuring that the person to whom the health-care services were being provided or were to be provided is kept safe and provided with a reasonable level of care.  O. Reg. 48/06, s. 23 (2).
Traditional use of tobacco
 24. For the purposes of paragraph 8 of subsection 13 (4) of the Act, premises licensed under the Independent Health Facilities Act are places that belong to a prescribed class.  O. Reg. 48/06, s. 24.