O. Reg. 197/20: GENERAL

Français

ontario regulation 197/20

made under the

Smoke-Free Ontario Act, 2017

Made: April 28, 2020
Filed: May 4, 2020
Published on e-Laws: May 4, 2020
Printed in The Ontario Gazette: May 23, 2020

Amending O. Reg. 268/18

(GENERAL)

1. (1) Subsection 1 (1) of Ontario Regulation 268/18 is amended by adding the following definition:

“flavoured vapour product” includes a vapour product,

(a)  that is represented as being flavoured,

(b)  that contains a flavouring agent, or

(c)  that is presented by its packaging, by advertisement or otherwise as being flavoured; (“produit de vapotage aromatisé”)

(2) The definition of “flavouring agent” in subsection 1 (1) of the Regulation is revoked and the following substituted:

“flavouring agent” means,

(a)  with respect to a tobacco product, one or more artificial or natural ingredients contained in any of the component parts of the tobacco product, as a constituent or an additive, that impart a distinguishing aroma or flavour other than tobacco, including that of a spice or herb, either before or during the consumption of the tobacco product, and

(b)  with respect to a vapour product, one or more artificial or natural ingredients contained in any of the component parts of the vapour product, as a constituent or an additive, that impart a distinguishing aroma or flavour, including that of a spice or herb, either before or during the consumption of the vapour product; (“agent aromatisant”)

2. Section 5 of the Regulation is amended by adding the following subsections:

(3) For the purposes of paragraph 11 of subsection 6 (1) of the Act, retail establishments are prescribed as a class of place where no person shall sell or offer to sell flavoured vapour products, except for retail establishments that are,

(a)  specialty vape stores; or

(b)  cannabis retail stores within the meaning of the Cannabis Licence Act, 2018.

(4) Subsection (3) does not apply with respect to flavoured vapour products whose only flavouring agent is one that imparts a flavour or aroma of tobacco, menthol or mint.

(5) For the purposes of paragraph 11 of subsection 6 (1) of the Act, retail establishments are prescribed as a class of place where no person shall sell or offer to sell vapour products with a nicotine concentration greater than 20 mg/mL, except for retail establishments that are specialty vape stores.

3. Sections 14 to 18 of the Regulation are amended by striking out “November 1, 2019 (effective January 1, 2020)” wherever it appears and substituting in each case “April 1, 2020”.

4. (1) Subsection 22 (2) of the Regulation is amended by adding the following paragraph:

1.1  The display or promotion must not be visible from outside the place of business of the specialty vape store at any time of day.

(2) Subsection 22 (3.3) of the Regulation is revoked and the following substituted:

(3.3) Subsections 4.1 (1) and (2) of the Act do not apply to display or promotion at a cannabis retail store within the meaning of the Cannabis Licence Act, 2018.

5. Paragraph 2 of subsection 26 (4) of the Regulation is amended by striking out “November 1, 2019 (effective January 1, 2020)” and substituting “April 1, 2020”.

Commencement

6. (1) Subject to subsection (2), this Regulation comes into force on the day it is filed.

(2) Sections 1 and 2 and subsection 4 (1) come into force on the later of July 1, 2020 and the day this Regulation is filed.

 

Français