jswizzle3737/ontario_laws_and_regs huggingface dataset:
1 (1) In this Act, “cigarillo” means cigarillo as defined in the regulations; (“cigarillo”) “employee” means a person who performs any work for or supplies any services to an employer, or a person who receives any instruction or training in the activity, business, work, trade, occupation or profession of an employer; (“employé”) “employer” includes an owner, operator, proprietor, manager, superintendent, overseer, receiver or trustee of an activity, business, work, trade, occupation, profession, project or undertaking who has control or direction of, or is directly or indirectly responsible for, the employment of a person in it; (“employeur”) “enclosed public place” means, (a) the inside of any place, building or structure or vehicle or conveyance or a part of any of them, (i) that is covered by a roof, and (ii) to which the public is ordinarily invited or permitted access, either expressly or by implication, whether or not a fee is charged for entry, or (b) a prescribed place; (“lieu public clos”) “enclosed workplace” means, (a) the inside of any place, building or structure or vehicle or conveyance or a part of any of them, (i) that is covered by a roof, (ii) that employees work in or frequent during the course of their employment whether or not they are acting in the course of their employment at the time, and (iii) that is not primarily a private dwelling, or (b) a prescribed place; (“lieu de travail clos”) “flavoured cigarillo” includes a cigarillo that is represented as being flavoured, that contains a flavouring agent or that is presented by its packaging, by advertisement or otherwise as being flavoured; (“cigarillo aromatisé”) “flavoured tobacco product” includes a tobacco product that is represented as being flavoured, that contains a flavouring agent or that is presented by its packaging, by advertisement or otherwise as being flavoured, but does not include a flavoured cigarillo; (“produit du tabac aromatisé”) “Minister” means the Minister of Health and Long-Term Care, unless otherwise specified; (“ministre”) “prescribed” means prescribed by the regulations; (“prescrit”) “regulations” means the regulations made under this Act. (“règlements”)  1994, c. 10, s. 1; 2005, c. 18, s. 3 (1); 2008, c. 26, s. 1; 2010, c. 1, Sched. 27, s. 1. Private dwelling (2) For greater certainty, and without restricting the generality of the expression, the following are primarily private dwellings for the purposes of the definition of “enclosed workplace” in subsection (1): 1. Private self-contained living quarters in any multi-unit building or facility. 2. Any other prescribed place.  2005, c. 18, s. 3 (2). Section Amendments with date in force (d/m/y) 2005, c. 18, s. 3 (1, 2)
- 31/05/2006 2008, c. 26, s. 1
- 01/07/2010 2010, c. 1, Sched. 27, s. 1 - 01/07/2010
2 This Act applies to tobacco in any processed or unprocessed form that may be smoked, inhaled or chewed, including snuff, but does not apply to products intended for use in nicotine replacement therapy.  1994, c. 10, s. 2. Note: On a day to be named by proclamation of the Lieutenant Governor, section 2 of the Act is amended by adding the following subsection: (See: 2016, c. 13, s. 1) Prescribed products and substances (2) This Act applies to prescribed products and substances, to the extent necessary for the implementation, application and enforcement of section 12.1, of any provision that refers to section 12.1 and of any related provision. 2016, c. 13, s. 1. Section Amendments with date in force (d/m/y) 2016, c. 13, s. 1
- not in force Provision of Tobacco to Persons under 19
3 (1) No person shall sell or supply tobacco to a person who is less than 19 years old.  1994, c. 10, s. 3 (1). Apparent age (2) No person shall sell or supply tobacco to a person who appears to be less than 25 years old unless he or she has required the person to provide identification and is satisfied that the person is at least 19 years old.  2005, c. 18, s. 4 (1). Defence (3) It is a defence to a charge under subsection (1) or (2) that the defendant believed the person receiving the tobacco to be at least 19 years old because the person produced a prescribed form of identification showing his or her age and there was no apparent reason to doubt the authenticity of the document or that it was issued to the person producing it.  1994, c. 10, s. 3 (3). Vicarious liability (4) The owner of a business where tobacco is sold shall be deemed to be liable for any contravention of subsection (1) or (2) on the premises where the contravention took place, unless the owner exercised due diligence to prevent such a contravention.  2005, c. 18, s. 4 (2). (5) Repealed:  2005, c. 18, s. 4 (2). Improper documentation (6) No person shall present as evidence of his or her age identification that was not lawfully issued to him or her.  1994, c. 10, s. 3 (6). Section Amendments with date in force (d/m/y) 2005, c. 18, s. 4 (1, 2)
- 31/05/2006 Display and Promotion
3.1 (1) No person shall, (a) display or permit the display of tobacco products in any place where tobacco products are sold or offered for sale by means of a countertop display; or (b) display or permit the display of tobacco products in any place where tobacco products are sold or offered for sale in any manner that permits the purchaser to handle the tobacco product before purchasing it.  2005, c. 18, s. 5 (1). Same (2) No person shall display or permit the display of tobacco products in any place where tobacco products are sold or offered for sale in any manner that will permit a consumer to view any tobacco product before purchasing the tobacco product.  2005, c. 18, s. 5 (2). Promotion (3) No person shall, in or at any place where tobacco products are sold or offered for sale, promote the sale of tobacco products through product association, product enhancement or any type of promotional material, including, but not limited to, (a) decorative panels and backdrops associated with particular brands of tobacco products; (b) backlit or illuminated panels; (c) promotional lighting; (d) three-dimensional exhibits; or (e) any other device, instrument or enhancement.  2005, c. 18, s. 5 (1); 2009, c. 33, Sched. 19, s. 1. Promotional items (3.1) No person shall sell or offer to sell at retail any tobacco product together with a promotional item that is included with the sale of the tobacco product for nil or nominal additional consideration, or for additional consideration that does not exceed the production cost of the promotional item. 2015, c. 7, Sched. 2, s. 1 (1). Regulations (4) The Lieutenant Governor in Council may make regulations governing what constitutes promotional material for the purposes of this section.  2005, c. 18, s. 5 (1). Interpretation (5) In this section, “promotional item” means, (a) an item that is reasonably associated with, or that evokes, a tobacco product of any kind, or a brand of tobacco product, due to the item’s intended use or purpose or through the use of a brand name, trade-mark, trade name, distinguishing guise, logo, graphic arrangement, design or slogan that appears on the item, or (b) another tobacco product; (“article promotionnel”) “tobacco product” includes the package in which tobacco is sold. (“produit du tabac”) 2015, c. 7, Sched. 2, s. 1 (2). Section Amendments with date in force (d/m/y) 2005, c. 18, s. 5 (1)
- 31/05/2006; 2005, c. 18, s. 5 (2)
- 31/05/2008 2009, c. 33, Sched. 19, s. 1 - 15/12/2009 2015, c. 7, Sched. 2, s. 1 (1, 2) - 01/01/2016
3.2 (1) No person shall employ or authorize anyone to promote tobacco or the sale of tobacco at any place of entertainment that the person owns, operates or occupies.  2005, c. 18, s. 6. Definition (2) In this section, “place of entertainment” means a place to which the public is ordinarily invited or permitted access, either expressly or by implication, whether or not a fee is charged for entry, and which is primarily devoted to eating, drinking or any form of amusement.  2005, c. 18, s. 6. Section Amendments with date in force (d/m/y) 2005, c. 18, s. 6
- 31/05/2006 Prohibition of Sale in Designated Places
4 (1) No person shall sell tobacco in a designated place.  1994, c. 10, s. 4 (1). Designated places (2) The following are designated places: 1. A hospital as defined in the Public Hospitals Act. 2. A private hospital as defined in the Private Hospitals Act. Note: On a day to be named by proclamation of the Lieutenant Governor, paragraph 2 of subsection 4 (2) of the Act is repealed and the following substituted: (See: 2017, c. 25, Sched. 9, s. 118 (1)) 2. A community health facility within the meaning of the Oversight of Health Facilities and Devices Act, 2017 that was formerly licensed under the Private Hospitals Act. 3. A psychiatric facility as defined in the Mental Health Act. 4. A long-term care home within the meaning of the Long-Term Care Homes Act, 2007. 5.  Repealed:  2007, c. 8, s. 227 (1). 6.  Repealed:  2005, c. 18, s. 7 (1). 7.  Repealed:  2007, c. 8, s. 227 (1). 8. A pharmacy as defined in the Drug and Pharmacies Regulation Act. 9. An establishment where goods or services are sold or offered for sale to the public, if, i. a pharmacy as defined in the Drug and Pharmacies Regulation Act is located within the establishment, or ii. customers of such a pharmacy can pass into the establishment directly or by the use of a corridor or area used exclusively to connect the pharmacy with the establishment. 10. A prescribed place or a place that belongs to a prescribed class.  1994, c. 10, s. 4 (2); 2005, c. 18, s. 7 (1); 2007, c. 8, s. 227 (1); 2009, c. 33, Sched. 18, s. 31; 2015, c. 7, Sched. 2, s. 2. (3) Repealed:  2005, c. 18, s. 7 (2). Section Amendments with date in force (d/m/y) 2005, c. 18, s. 7 (1, 2)
- 31/05/2006 2007, c. 8, s. 227 (1)
- 01/07/2010 2009, c. 33, Sched. 18, s. 31 - 15/12/2009 2015, c. 7, Sched. 2, s. 2 - 01/01/2016 2017, c. 25, Sched. 9, s. 118 (1) - not in force Packaging, Health Warnings and Signs
5 (1) No person shall sell or offer to sell tobacco at retail or for subsequent sale at retail or distribute or offer to distribute it for that purpose unless, (a) the tobacco is packaged in accordance with the regulations; and (b) the package bears or contains a health warning and other information in accordance with the regulations.  1994, c. 10, s. 5 (1). Same, cigarettes (2) No person shall sell or offer to sell cigarettes at retail or for subsequent sale at retail or distribute or offer to distribute them for that purpose unless the cigarettes are contained in packages of at least 20 cigarettes or such greater number as may be prescribed by regulation.  1994, c. 10, s. 5 (2). Same, cigarillos (3) No person shall sell or offer to sell cigarillos at retail or for subsequent sale at retail or distribute or offer to distribute them for that purpose unless the cigarillos are contained in packages of at least 20 cigarillos or such greater number as may be prescribed by regulation.  2008, c. 26, s. 2. Section Amendments with date in force (d/m/y) 2008, c. 26, s. 2
- 01/07/2010
6 No person shall, in any place, sell or offer to sell tobacco at retail unless signs bearing health warnings and other information and referring to the prohibitions imposed by section 3 are posted at the place in accordance with the regulations.  1994, c. 10, s. 6. Flavoured Tobacco Products
6.1 (1) No person shall sell or offer to sell a flavoured cigarillo at retail or for subsequent sale at retail or distribute or offer to distribute it for that purpose, unless the flavoured cigarillo has been prescribed.  2010, c. 1, Sched. 27, s. 2 (1). Flavoured tobacco products (2) No person shall sell or offer to sell a flavoured tobacco product at retail or for subsequent sale at retail or distribute or offer to distribute it for that purpose. 2015, c. 7, Sched. 2, s. 3. Exception (3) Subsection (2) does not apply with respect to any prescribed flavoured tobacco product. 2015, c. 7, Sched. 2, s. 3. Section Amendments with date in force (d/m/y) 2008, c. 26, s. 3
- 01/07/2010 2010, c. 1, Sched. 27, s. 2 (1, 2) - 01/07/2010 2015, c. 7, Sched. 2, s. 3 - 01/01/2016 Vending Machines
7 (1) No person shall permit a vending machine for selling or dispensing tobacco to be in a place that the person owns or occupies.  1994, c. 10, s. 7 (1). Exceptions (2) Subsection (1) does not apply with respect to a vending machine that contains no tobacco and, (a) is in a place to which the public does not have access; or (b) is inoperable.  1994, c. 10, s. 7 (2). (3) Repealed:  2005, c. 18, s. 8. Section Amendments with date in force (d/m/y) 2005, c. 18, s. 8
- 31/05/2006 Reports from Wholesalers and Distributors
8 A person who, in Ontario, sells or distributes tobacco for subsequent sale at retail shall submit reports to the Minister in accordance with the regulations.  1994, c. 10, s. 8; 2005, c. 18, s. 2. Section Amendments with date in force (d/m/y) 2005, c. 18, s. 2
- 31/05/2006 Controls Relating to Smoking Tobacco
9.1 (1) Every home health-care worker has the right to request a person not to smoke tobacco in his or her presence while he or she is providing health care services.  2005, c. 18, s. 9. Right to leave (2) Where a person refuses to comply with the request not to smoke, the home health-care worker has the right to leave without providing any further services, unless to do so would present an immediate serious danger to the health of any person.  2005, c. 18, s. 9. Restriction (3) A home health-care worker who has exercised his or her right to leave shall comply with any procedures set out in the regulations.  2005, c. 18, s. 9. Regulations (4) The Lieutenant Governor in Council may make regulations setting out procedures that must be followed if a home health-care worker has exercised his or her right to leave.  2005, c. 18, s. 9. Definition (5) In this section, “home health-care worker” means a person who provides health-care services in private homes, that is provided or arranged by, (a)  Repealed: 2016, c. 30, s. 49 (1). (a.1) a local health integration network as defined in subsection 2 (1) of the Local Health System Integration Act, 2006; or (b) an entity that receives funding from the Ministry of Health and Long-Term Care or a local health integration network as defined in section 2 of the Local Health System Integration Act, 2006. 2005, c. 18, s. 9; 2006, c. 4, s. 54; 2016, c. 30, s. 49. Section Amendments with date in force (d/m/y) 2005, c. 18, s. 9
- 31/05/2006 2006, c. 4, s. 54
- 28/03/2006 2016, c. 30, s. 49 (1)
- 01/11/2017; 2016, c. 30, s. 49 (2)
- 08/12/2016
9.2 (1) No person shall smoke tobacco or have lighted tobacco in a motor vehicle while another person who is less than 16 years old is present in the vehicle.  2008, c. 12, s. 1. Proof of age (2) In a prosecution under this section, a court may find evidence that the person enforcing this section honestly and reasonably believed another person to be less than 16 years old to be sufficient proof of the other person’s age.  2008, c. 12, s. 1. Enforcement (3) Despite section 14, this section shall be enforced by police officers.  2008, c. 12, s. 1. Definition (4) In this section, “motor vehicle” means, subject to the regulations, a motor vehicle as defined in subsection 1 (1) of the Highway Traffic Act.  2008, c. 12, s. 1. Section Amendments with date in force (d/m/y) 2008, c. 12, s. 1
- 21/01/2009
10 The person who owns or occupies a place described in section 9 shall ensure that signs referring to the prohibition imposed by that section are posted in accordance with the regulations.  1994, c. 10, s. 10. Note: On a day to be named by proclamation of the Lieutenant Governor, section 10 of the Act is repealed and the following substituted: (See: 2016, c. 13, s. 2) Signs 10 The person who owns or occupies a place described in section 9 or 12.1 shall ensure that signs referring to the prohibition imposed by the relevant section are posted in accordance with the regulations. 2016, c. 13, s. 2. Section Amendments with date in force (d/m/y) 2016, c. 13, s. 2
- not in force 11 Repealed:  2005, c. 18, s. 10. Section Amendments with date in force (d/m/y) 2005, c. 18, s. 10
- 31/05/2006
13 (1) The purpose of this section is to acknowledge the traditional use of tobacco that forms part of Aboriginal culture and spirituality.  1994, c. 10, s. 13 (1). Non-application of s. 3 (2) Section 3 does not prohibit a person from giving tobacco to an Aboriginal person who is or appears to be less than 19 years of age or 25 years of age, as the case may be, if the gift is made for traditional Aboriginal cultural or spiritual purposes.  1994, c. 10, s. 13 (2); 2005, c. 18, s. 11 (1). Non-application of smoking prohibitions (3) No provision of an Act, regulation or municipal by-law that prohibits smoking in a place, including section 9 of this Act, (a) prohibits an Aboriginal person from smoking tobacco or holding lighted tobacco there, if the activity is carried out for traditional Aboriginal cultural or spiritual purposes; (b) prohibits a non-Aboriginal person from smoking tobacco or holding lighted tobacco there, if the activity is carried out with an Aboriginal person and for traditional Aboriginal cultural or spiritual purposes.  1994, c. 10, s. 13 (3). Place for traditional use of tobacco (4) At the request of an Aboriginal resident, the operator of a hospital, facility, home or other place set out below shall set aside an indoor area, separate from any area where smoking is otherwise permitted, for the use of tobacco for traditional Aboriginal cultural or spiritual purposes: 1. A hospital as defined in the Public Hospitals Act. 2. A private hospital as defined in the Private Hospitals Act. Note: On a day to be named by proclamation of the Lieutenant Governor, paragraph 2 of subsection 13 (4) of the Act is repealed and the following substituted: (See: 2017, c. 25, Sched. 9, s. 118 (2)) 2. A community health facility within the meaning of the Oversight of Health Facilities and Devices Act, 2017 that was formerly licensed under the Private Hospitals Act. 3. A designated psychiatric facility. 4. A long-term care home within the meaning of the Long-Term Care Homes Act, 2007. 5. A home for special care under the Homes for Special Care Act. 6., 7.  Repealed:  2007, c. 8, s. 227 (3). 8. A place that belongs to a prescribed class.  2005, c. 18, s. 11 (2); 2007, c. 8, s. 227 (3). Section Amendments with date in force (d/m/y) 2005, c. 18, s. 11 (1, 2) - 31/05/2006 2007, c. 8, s. 227 (3)
- 01/07/2010 2017, c. 25, Sched. 9, s. 118 (2) - not in force Inspection
17 (1) An inspector acting under section 14 may seize, (a) tobacco that is being sold or offered for sale or that is being distributed or being offered for distribution contrary to subsection 5 (1); (b) cigarettes that are being sold or offered for sale or that are being distributed or being offered for distribution contrary to subsection 5 (2); (c) cigarillos that are being sold or offered for sale or that are being distributed or being offered for distribution contrary to subsection 5 (3); (d) flavoured cigarillos that are being sold or offered for sale or that are being distributed or being offered for distribution contrary to subsection 6.1 (1); (e) flavoured tobacco products that are being sold or offered for sale or that are being distributed or being offered for distribution contrary to subsection 6.1 (2); and (f) tobacco that is being stored in a place contrary to subsection 16 (4). 2015, c. 7, Sched. 2, s. 7 (1). Forfeiture (2) Tobacco seized under this section is forfeited and shall be dealt with as the Minister directs.  1994, c. 10, s. 17 (2); 2005, c. 18, s. 2. Vending machine (3) The inspector’s power of seizure includes power to open a vending machine in order to examine the contents, if the inspector suspects on reasonable grounds that the machine contains tobacco that is stored in a place in contravention of section 16, and no person is liable for damage done to the machine in connection with the opening.  1994, c. 10, s. 17 (3). Money (4) Any money found in a vending machine containing tobacco that is seized under this section is forfeited to the Minister of Finance.  1994, c. 10, s. 17 (4). (5) Repealed: 2015, c. 7, Sched. 2, s. 7 (2). Obstruction (6) No person shall hinder, obstruct or interfere with an inspector acting under this section.  1994, c. 10, s. 17 (6); 2015, c. 7, Sched. 2, s. 7 (3). Section Amendments with date in force (d/m/y) 2005, c. 18, s. 2
- 31/05/2006 2015, c. 7, Sched. 2, s. 7 (1-3) - 01/01/2016
18 (1) The owner or occupier of a place that is subject to a prohibition imposed under section 16 shall ensure that signs are posted at the place in accordance with the regulations.  1994, c. 10, s. 18 (1). Posting by inspector (2) If signs are not posted as required, an inspector may enter the premises without a warrant and post signs in accordance with the regulations.  1994, c. 10, s. 18 (2). Application of subss. 14 (4) to (7) (3) Subsections 14 (2), (4), (6) and (7) apply, with necessary modifications, to an inspector acting under subsection (2).  1994, c. 10, s. 18 (3); 2015, c. 7, Sched. 2, s. 8. Obstruction (4) No person shall hinder, obstruct or interfere with an inspector acting under subsection (2).  1994, c. 10, s. 18 (4). Signs not to be removed (5) No person shall remove a sign posted under this section while the prohibition remains in force.  1994, c. 10, s. 18 (5). Section Amendments with date in force (d/m/y) 2015, c. 7, Sched. 2, s. 8 - 01/01/2016 Miscellaneous Provisions
20 This Act binds the Crown. 1994, c. 10, s. 20. 21-24 Omitted (amends or repeals other Acts).  1994, c. 10, ss. 21-24. 25 Omitted (provides for coming into force of provisions of this Act).  1994, c. 10, s. 25. 26 Omitted (enacts short title of this Act).  1994, c. 10, s. 26. ______________  Français