Smoke-Free Ontario Amendment Act (Cigarillos), 2008, S.O. 2008, c. 26 - Bill 124

 

chapter 26

An Act to amend the Smoke-Free Ontario Act with respect to cigarillos

Assented to December 10, 2008

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

1. Subsection 1 (1) of the Smoke-Free Ontario Act is amended by adding the following definitions:

“cigarillo” includes any of the following products:

1. A tobacco product that is sold as a cigarillo.

2. A tobacco product that,

i. weighs less than 1.4 grams, or such other weight as may be prescribed,

ii. is in the form of a roll or a tube, and

iii. has a wrapper that contains natural or reconstituted leaf tobacco.

3. 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.

4. Any other tobacco product prescribed to be a cigarillo; (“cigarillo”)

“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”)

2. Section 5 of the Act is amended by adding the following subsection:

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.

3. The Act is amended by adding the following section:

Flavoured Tobacco Products

Flavoured cigarillos

6.1 (1) No person shall sell or offer to sell a flavoured cigarillo, unless the flavoured cigarillo has been prescribed.

Flavoured tobacco products

(2) No person shall sell or offer to sell a flavoured tobacco product that has been prescribed as prohibited.

4. (1) Subsection 15 (1) of the Act is amended by striking out “section 5 or 9” and substituting “section 5, 6.1 or 9”.

(2) The Table to section 15 of the Act is amended by striking out “5” in Column 1 and substituting “5, 6.1”.

5. Subsection 19 (1) of the Act is amended by adding the following clauses:

(a.0.1) prescribing a maximum weight for the purposes of paragraph 2 of the definition of “cigarillo” in subsection 1 (1);

(a.0.2) prescribing tobacco products for the purposes of paragraph 4 of the definition of “cigarillo” in subsection 1 (1);

. . . . .

(a.2.1) defining “flavouring agent” for the purposes of the definitions of “flavoured cigarillo” and “flavoured tobacco product” in subsection 1 (1);

. . . . .

(d.1) prescribing flavoured cigarillos for the purposes of subsection 6.1 (1);

(d.2) prescribing prohibited flavoured tobacco products for the purposes of subsection 6.1 (2);

Commencement

6. This Act comes into force on a day to be named by proclamation of the Lieutenant Governor.

Short title

7. The short title of this Act is the Smoke-Free Ontario Amendment Act (Cigarillos), 2008.