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Electronic Cigarettes Act, 2015

ONTARIO REGULATION 337/15

GENERAL

Consolidation Period:  From January 1, 2016 to the e-Laws currency date.

Last amendment: O. Reg. 416/15.

This is the English version of a bilingual regulation.

CONTENTS

1.

Signs

2.

Identification of persons to be at least 19

3.

Signs at retail

4.

Areas where use of electronic cigarettes prohibited

5.

Restaurant and bar patios

6.

Children’s playgrounds and play areas

7.

Sporting areas, etc.

8.

Shelters

9.

Employer obligations

10.

Procedure for employees

11.

Proprietor obligations

12.

Home health-care worker

13.

Medical marihuana exemptions

14.

Stage production exemptions

 

Signs

1. All signs required to be posted under the Act and this Regulation shall be posted in a conspicuous manner and shall not be obstructed from view. O. Reg. 416/15, s. 1.

Identification of persons to be at least 19

2. (1) For the purposes of subsection 2 (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. 416/15, s. 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. 416/15, s. 1.

(3) The following types of identification are prescribed for the purpose of subsection 2 (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. 416/15, s. 1.

Signs at retail

3. (1) For the purposes of section 6 of the Act, a person who sells or offers to sell electronic cigarettes at retail shall post an age restriction sign described in subsection (2) and an identification sign described in subsection (3) at any location where electronic cigarettes are sold or supplied in a place where each sign is clearly visible to the person who sells or supplies the electronic cigarettes and to the person to whom the electronic cigarettes are sold or supplied. O. Reg. 416/15, s. 1.

(2) The age restriction 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 “Electronic Cigarette Age Restriction”, dated October 1, 2015 and accessible through www.ontario.ca/smokefree. O. Reg. 416/15, s. 1.

(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 “Electronic Cigarette Identification”, dated October 1, 2015 and accessible through www.ontario.ca/smokefree. O. Reg. 416/15, s. 1.

Note: On the day subsection 10 (1) of Schedule 3 to the Making Healthier Choices Act, 2015 comes into force, sections 4 to 9 of the Regulation come into force. (See: O. Reg. 416/15, s. 1)

Areas where use of electronic cigarettes prohibited

4. (1) The following are prescribed places for the purposes of paragraph 7 of subsection 10 (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 to Ontario Regulation 48/06 (General), made under the Smoke-Free Ontario Act.

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.

(2) Despite subsection (1), if the governing body responsible for outdoor grounds mentioned in paragraph 1, 2, 3 or 4 of subsection (1) has provided for an area on the grounds where the use of electronic cigarettes is permitted, the prescription under subsection (1) does not apply with respect to the area as long as the area,

(a) has no portion located within a 9 metre radius surrounding any entrance or exit of the hospital, facility or office building;

(b) is identified as an area where the use of electronic cigarettes is permitted by one or more signs posted on or around the area;

(c) is otherwise in compliance with any other relevant provision of the Act or this Regulation; and

(d) has not been designated as a smoking area under Ontario Regulation 48/06 (General), made under the Smoke-Free Ontario Act.

Note: On January 1, 2018, subsection 4 (2) of the Regulation is revoked. (See: O. Reg. 337/15, s. 15 and O. Reg. 416/15, s. 1)

(3) In subsection (2), “governing body” means,

(a) the governing board, in the case of a hospital or psychiatric facility;

(b) the superintendent, in the case of a private hospital; or

(c) the Ministry of Economic Development, Employment and Infrastructure as represented by the Ontario Infrastructure and Lands Corporation, in the case of an office building owned by the Province.

Note: On January 1, 2018, subsection 4 (3) of the Regulation is revoked. (See: O. Reg. 337/15, s. 15 and O. Reg. 416/15, s. 1)

Restaurant and bar patios

5. (1) Restaurant and bar patios are prescribed areas for the purposes of paragraph 7 of subsection 10 (2) of the Act.

(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.

Children’s playgrounds and play areas

6. (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 10 (2) of the Act.

(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.

(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).

Sporting areas, etc.

7. (1) The following are prescribed areas for the purposes of paragraph 7 of subsection 10 (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.

(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 (3).

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.

(3) In this section,

“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.

Shelters

8. (1) For the purposes of paragraph 7 of subsection 10 (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.

(2) For the purposes of subsection (1),

“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; (“toit”)

“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. (“mur”)

Employer obligations

9. (1) For the purposes of clause 10 (3) (c) 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 the use of electronic cigarettes is prohibited in the enclosed workplace, place or area.

(2) The sign referred to in subsection (1) shall,

(a) be at least 10 centimetres in height and at least 10 centimetres in width; and

(b) have a graphic of the symbol for no use of electronic cigarettes and the Trillium logo shown on the sign entitled “Electronic Cigarette Sign for Employers and Proprietors”, dated October 1, 2015 and accessible through www.ontario.ca/smokefree.

(3) For the purposes of clause 10 (3) (e) of the Act, an employer shall ensure that any area referred to in subsection 4 (2) of this Regulation over which he or she exercises control complies with the requirements in that subsection.

Note: On January 1, 2018, subsection 9 (3) of the Regulation is revoked. (See: O. Reg. 337/15, s. 15 and O. Reg. 416/15, s. 1)

Procedure for employees

10. For the purposes of subsection 10 (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 10 (4) of the Act has been contravened. O. Reg. 416/15, s. 1.

Note: On the day subsection 10 (1) of Schedule 3 to the Making Healthier Choices Act, 2015 comes into force, sections 11 and 12 of the Regulation come into force. (See: O. Reg. 416/15, s. 1)

Proprietor obligations

11. (1) For the purposes of clause 10 (6) (c) 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 the use of electronic cigarettes is prohibited in the enclosed public place, place or area.

(2) The sign referred to in subsection (1) shall,

(a) be at least 10 centimetres in height and at least 10 centimetres in width; and

(b) have a graphic of the symbol for no use of electronic cigarettes and the Trillium logo shown on the sign entitled “Electronic Cigarette Sign for Employers and Proprietors”, dated October 1, 2015 and accessible through www.ontario.ca/smokefree.

(3) For the purposes of clause 10 (6) (e) of the Act, a proprietor shall ensure that any area referred to in subsection 4 (2) of this Regulation over which he or she exercises control complies with the requirements in that subsection.

Note: On January 1, 2018, subsection 11 (3) of the Regulation is revoked. (See: O. Reg. 337/15, s. 15 and O. Reg. 416/15, s. 1)

Home health-care worker

12. (1) For the purposes of subsection 11 (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.

(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. 

Note: On the day clause 15 (1) (g) of Schedule 3 to the Making Healthier Choices Act, 2015 comes into force, subsection 13 (1) of the Regulation comes into force. (See: O. Reg. 416/15, s. 1)

Medical marihuana exemptions

13. (1) Subsections 2 (1) and (2) of the Act do not apply to the sale or supply of an electronic cigarette to a medical marihuana user who intends to use it for medical purposes.

Note: On the later of the day subsection 10 (1) of Schedule 3 to the Making Healthier Choices Act, 2015 comes into force and the day clause 15 (1) (g) of that Schedule comes into force, subsection 13 (2) of the Regulation comes into force. (See: O. Reg. 416/15, s. 1)

(2) Subsections 10 (1) and (2) and subsection 12 (1) of the Act do not apply to a medical marihuana user who uses an electronic cigarette for medical purposes.

Note: On the day clause 15 (1) (g) of Schedule 3 to the Making Healthier Choices Act, 2015 comes into force, subsection 13 (3) of the Regulation comes into force. (See: O. Reg. 416/15, s. 1)

(3) In this section,

“medical marihuana user” means an individual who is authorized to possess marihuana for medical purposes in accordance with the Marihuana for Medical Purposes Regulations made under the Controlled Drugs and Substances Act (Canada) or in accordance with a court order.

Note: On the later of the day subsection 10 (1) of Schedule 3 to the Making Healthier Choices Act, 2015 comes into force and the day clause 15 (1) (g) of that Schedule comes into force, section 14 of the Regulation comes into force. (See: O. Reg. 416/15, s. 1)

Stage production exemptions

14. (1) Subsections 10 (1) and (2) of the Act do not apply to an actor who uses an electronic cigarette in a stage production if the following conditions are met:

1. No consideration is given, directly or indirectly, for the use or depiction of the electronic cigarette in the stage production.

2. The electronic cigarette does not contain nicotine.

(2) In this section,

“stage production” means a dramatic, musical, educational or artistic work that is performed live on a stage, and includes any rehearsal of such a work.

15. Omitted (provides for amendments to this Regulation).

16. Omitted (provides for coming into force of provisions of this Regulation). O. Reg. 416/15, s. 1.

 

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