16 (1) For the purpose of this section, the following are tobacco sales offences: 1. Contravening subsection 3 (1) or (2), section 5, 6 or 7, or subsection (4) of this section. 2. Contravening section 8 or 29 of the Tobacco Tax Act.  1994, c. 10, s. 16 (1). Notice (2) On becoming aware that all of the following conditions have been satisfied, the Minister shall send a notice of the prohibition imposed by subsection (4) to the person who owns or occupies the place and to all wholesalers and distributors of tobacco in Ontario: 1. Any person has been convicted of a tobacco sales offence committed in a place owned or occupied by the person. 2. Any person was convicted of another tobacco sales offence in the same place during the five years preceding the conviction referred to in paragraph 1. 3. The period allowed for appealing the conviction referred to in paragraph 1 has expired without an appeal being filed, or any appeal has been finally disposed of.  2005, c. 18. s. 14. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 16 (2) of the Act is repealed and the following substituted: (See: 2015, c. 7, Sched. 2, s. 6 (1)) Notice (2) On becoming aware that all of the following conditions have been satisfied, the Minister shall send a notice of the prohibition imposed by subsection (4) to the person who owns or occupies the place and to all wholesalers and distributors of tobacco in Ontario: 1. An owner of the business that operates or operated in the place has been convicted of a tobacco sales offence committed in the place. 2. During the five years preceding the conviction referred to in paragraph 1, the same owner of the business that operates or operated in the place, or a different owner of a business that operates or operated in the place, was convicted of a tobacco sales offence committed in the place. 3. The period allowed for appealing the conviction referred to in paragraph 1 has expired without an appeal being filed, or any appeal has been finally disposed of. 2015, c. 7, Sched. 2, s. 6 (1). Date (3) The notice shall specify the date on which it is to take effect.  1994, c. 10, s. 16 (3). Sales, storage and deliveries prohibited (4) During the applicable period, (a) no person shall sell or store tobacco in the place where the tobacco sales offences were committed; and (b) no wholesaler or distributor shall deliver tobacco to the place or have it delivered there.  1994, c. 10, s. 16 (4). Applicable period (5) For the purposes of subsection (4), the applicable period is, (a) the six months that follow the date specified in the notice referred to in subsection (2), if the person has been convicted of one other tobacco sales offence committed in the same place during the five years preceding the current conviction; (b) the nine months that follow the date specified in the notice, if the person has been convicted of two other tobacco sales offences committed in the same place during the five-year period; and (c) the 12 months that follow the date specified in the notice, if the person has been convicted of more than two other tobacco sales offences committed in the same place during the five-year period.  1994, c. 10, s. 16 (5). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 16 (5) of the Act is repealed and the following substituted: (See: 2015, c. 7, Sched. 2, s. 6 (2)) Applicable period (5) For the purposes of subsection (4), the applicable period is, (a) the six months that follow the date specified in the notice referred to in subsection (2), if there are only two convictions of tobacco sales offences committed in the same place during the five year period referred to in subsection (2); (b) the nine months that follow the date specified in the notice, if there are only three convictions of tobacco sales offences committed in the same place during the five-year period referred to in subsection (2); and (c) the 12 months that follow the date specified in the notice, if there are four or more convictions of tobacco sales offences committed in the same place during the five-year period referred to in subsection (2). 2015, c. 7, Sched. 2, s. 6 (2). Defence (6) It is a defence to a charge under subsection (4) that the defendant had not received the notice at the time the offence was committed.  1994, c. 10, s. 16 (6). Exception (7) The prohibition on storing tobacco does not apply to small amounts of tobacco for the immediate personal use of persons who work in the place.  1994, c. 10, s. 16 (7). Sequence of convictions (8) In establishing the number of times a person was convicted of another tobacco sales offence for the purposes of this section, the only question to be considered is the sequence of convictions, and no consideration shall be given to the sequence of commission of offences or to whether an offence occurred before or after a conviction.  1994, c. 10, s. 16 (8). Section Amendments with date in force (d/m/y) 2005, c. 18, s. 14
- 31/05/2006 2015, c. 7, Sched. 2, s. 6 (1, 2) - not in force