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Tobacco Control Act, 1994
Loi de 1994 sur la réglementation de l’usage du tabac

ONTARIO REGULATION 613/94

Amended to O. Reg. 48/06

GENERAL

Historical version for the period March 1, 2006 to May 30, 2006.

Note: This Regulation is revoked on May 31, 2006. See: O. Reg. 48/06, ss. 26, 27.

This Regulation is made in English only.

Sale of Tobacco

1. The following forms of identification are prescribed for the purposes of subsection 3 (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 Licence Board of Ontario. O. Reg. 613/94, s. 1.

2. (1) For the purposes of paragraph 3 of subsection 4 (2) of the Act, the sale of tobacco is authorized in a part of a psychiatric facility that is,

(a) a canteen that services the patients of the facility; or

(b) a mobile cart or premises from which goods are sold in the in-patient areas of the facility. O. Reg. 613/94, s. 2 (1).

(2) For the purposes of paragraph 10 of subsection 4 (2) of the Act, premises licensed under the Independent Health Facilities Act are places that belong to a prescribed class. O. Reg. 613/94, s. 2 (2).

Packaging Requirements

3. (1) A package of tobacco shall contain the health warnings required under sections 11 to 15 of the Tobacco Products Control Regulation, SOR/89-21, made under the Tobacco Products Control Act (Canada) and shall set out the health warnings in the manner required under sections 11 to 15 of that Regulation. O. Reg. 613/94, s. 3 (1).

(2) A package of tobacco shall list the toxic constituents of the tobacco contained in the package in accordance with sections 11 to 15 of the Tobacco Products Control Regulation, SOR/89-21, made under the Tobacco Products Control Act (Canada). O. Reg. 613/94, s. 3 (2).

Reports from Wholesalers and Distributors

4. (1) A report submitted to the Minister of Health under section 8 of the Act shall be in a form provided by the Ministry of Health. O. Reg. 613/94, s. 4 (1).

(2) The first report shall be submitted no later than April 1, 1995 and quarterly thereafter. O. Reg. 613/94, s. 4 (2).

Tobacco Smoking

5. (1) For the purposes of paragraph 9 of subsection 9 (1) of the Act,

“video or amusement arcade” means premises to which the public has access and which contain five or more electrical or mechanical machines or devices that may be used for playing games solely for the entertainment or amusement of the players, but does not include,

(a) a casino within the meaning of the Gaming Control Act, 1992, and

(b) premises to which a licence under the Liquor Licence Act applies. O. Reg. 414/95, s. 1.

(2) For the purposes of paragraph 10 of subsection 9 (1) of the Act, the common areas of an enclosed shopping mall are those areas of the mall that are open to the public and that are not part of a particular retail establishment or other business within the mall. O. Reg. 613/94, s. 5 (2).

(3) For the purposes of paragraph 14 of subsection 9 (1) of the Act, premises licensed under the Independent Health Facilities Act are a prescribed class of place. O. Reg. 613/94, s. 5 (3).

Smoking Areas

6. (1) A person who owns, occupies, operates or maintains a place referred to in subsection (3), (5) or (6) may set aside an area for smoking in that place if,

(a) the smoking area is enclosed and separated from the rest of the place;

(b) the person posts signs identifying the smoking area in accordance with sections 15 and 16; and

(c) the applicable criteria set out in subsection (3), (5) or (6) are met. O. Reg. 613/94, s. 6 (1).

(2) In addition to meeting the criteria set out in subsection (1), a person referred to in that section shall only set aside an area for smoking if it is equipped with an exhaust vent that meets a minimum ventilation rate of 30 litres per second per person and that leads to the exterior of the building. O. Reg. 613/94, s. 6 (2).

(3) For the purpose of clause (1) (c), a hospital or facility included in Schedule 1, other than a hospital that is a children’s hospital, shall meet the following criteria:

1. There must be no more than one area in the hospital or facility in which smoking is permitted.

2. The smoking area must be set aside specifically for the purpose of smoking.

3. The smoking area must be available to in-patients. O. Reg. 613/94, s. 6 (3).

(4) In subsection (3),

“children’s hospital” means,

(a) the Children’s Hospital of Eastern Ontario located in the City of Ottawa,

(b) the Hospital for Sick Children located in The Municipality of Metropolitan Toronto,

(c) the Children’s Hospital of Western Ontario located in the City of London,

(d) the Hugh MacMillan Medical Centre located in The Municipality of Metropolitan Toronto, and

(e) a hospital graded, under the Public Hospitals Act, as a Group K hospital. O. Reg. 613/94, s. 6 (4); O. Reg. 254/00, s. 1; O. Reg. 323/01, s. 1.

(5) For the purposes of clause (1) (c), a hospital or facility included in Schedule 2 shall meet one of the following criteria:

1. Any smoking area in the hospital or facility must be set aside specifically for the purpose of smoking.

2. If a smoking area in the hospital or facility is set aside for the purpose of smoking and for the purpose of carrying on another activity, there must be another area in the hospital or facility that is equal to, or greater than, the smoking area in size and in which smoking is not permitted and the other activity may be carried on. O. Reg. 613/94, s. 6 (5).

(6) For the purposes of clause (1) (c), a home as defined under the Homes for the Aged and Rest Homes Act, a home as defined in the Nursing Homes Act and an approved charitable home for the aged as defined in the Charitable Institutions Act shall meet one of the following criteria:

1. Any smoking area in the home must be set aside specifically for the purpose of smoking.

2. If a smoking area in the home is set aside for the purpose of smoking and for the purpose of carrying on another activity, there must be another area in the home that is equal to, or greater than, the smoking area in size and in which smoking is not permitted and the other activity may be carried on. O. Reg. 220/95, s. 1.

7. A person who owns, occupies, operates or maintains a place referred to in paragraph 1 of subsection 9 (1) of the Act, other than a place referred to in section 8 or 9, may set aside as a smoking area any outdoor area that is a part of the place if the smoking area does not include the nine metre radius surrounding any entrance to the place. O. Reg. 613/94, s. 7.

8. A person who owns, occupies, operates or maintains a home for special care as defined under the Homes for Special Care Act may set aside areas for smoking if the home is not a nursing home referred to in subsection 6 (6). O. Reg. 613/94, s. 8.

9. A person who owns, occupies, operates or maintains an approved charitable institution as defined in the Charitable Institutions Act may set aside areas for smoking if the charitable institution is not an approved charitable home for the aged referred to in subsection 6 (6). O. Reg. 613/94, s. 9.

10. A person who owns, occupies, operates or maintains a place designated under paragraph 4 or 5 of subsection 9 (1) of the Act may set aside an area for smoking in that place if the person posts signs identifying the smoking area in accordance with sections 15 and 16 and,

(a) the smoking area consists of the whole of, or part of, a premise that is,

(i) a residence,

(ii) a restaurant or cafeteria, or

(iii) premises to which a licence under the Liquor Licence Act applies; or

(b) the smoking area consists of the whole of, or part of, premises to which a special occasion permit under the Liquor Licence Act applies and the area is only set aside for smoking for the duration of the special occasion permit. O. Reg. 613/94, s. 10.

11. A person who owns, occupies, operates or maintains the common areas of an enclosed shopping mall, may set aside an area for smoking in the common areas if,

(a) in the case of a mall that has one or more food courts,

(i) no more than one smoking area is set aside in each food court,

(ii) each smoking area is a separate part of the food court, and

(iii) no more than 50 per cent of the seats in the food court are included in the smoking area;

(b) in the case of a mall with no food court,

(i) no more than one smoking area is set aside in the mall’s common areas,

(ii) the smoking area is a maximum of 28 square metres, and

(iii) the smoking area is not spread out throughout the mall corridors; and

(c) the person posts signs identifying the smoking areas in accordance with sections 15 and 16. O. Reg. 613/94, s. 11.

Signs

12. (1) A person who sells or offers to sell tobacco at retail shall post signs that refer to the prohibition against selling or supplying tobacco to a person who is less than 19 years old in the locations specified in subsection (2). O. Reg. 613/94, s. 12 (1).

(2) The sign shall be posted in a conspicuous manner at the following locations in a place in which tobacco is sold or supplied:

1. Any location at which the tobacco is sold or supplied.

2. Any location at which the tobacco is displayed but not sold or supplied. O. Reg. 613/94, s. 12 (2).

(3) The sign shall be in a form that complies with the description in Schedule 3. O. Reg. 613/94, s. 12 (3).

(4) The sign may be in English or in French. O. Reg. 613/94, s. 12 (4).

(5) A sign that is in English shall read as follows:

“Under 19? Forget it. It’s against the law to sell tobacco to anyone under 19 years of age. Smoking is a danger to your health.”

O. Reg. 613/94, s. 12 (5).

(6) A sign that is in French shall read as follows:

“Moins de 19 ans? Pas question. Il est illégal de vendre du tabac aux moins de 19 ans. Fumer nuit à votre santé.”

O. Reg. 613/94, s. 12 (6).

13. (1) A person who sells or offers to sell tobacco at retail shall post signs that inform the person to whom the tobacco is being sold or supplied of the forms of identification that may be produced under subsection 3 (3) of the Act. O. Reg. 613/94, s. 13 (1).

(2) The person referred to in subsection (1) shall ensure that two signs referred to in that subsection shall be posted at each location at which tobacco is sold or supplied. One sign shall be facing the person who sells or supplies the tobacco; the other shall be facing the person to whom the tobacco is sold or supplied. O. Reg. 613/94, s. 13 (2).

(3) The sign shall be in a form that complies with the description in Schedule 4. O. Reg. 613/94, s. 13 (3).

(4) The sign may be in English or in French. O. Reg. 613/94, s. 13 (4).

(5) A sign that is in English shall read as follows:

“19? Prove it. Where age is in question the law says we must ask for I.D. when you ask for tobacco. Acceptable I.D.: Ontario driver’s licence, Cdn. passport, Cdn. citizenship card, LLBO photo card, Cdn. Armed Forces I.D. card.”

O. Reg. 613/94, s. 13 (5).

(6) A sign that is in French shall read as follows:

“19 ans? Prouve-le. S’il y a doute sur ton âge, la loi nous oblige à te demander une pièce d’identité si tu veux du tabac. Pièces d’identité acceptées : permis de conduire de l’Ontario, passeport canadien, carte de citoyenneté canadienne, carte photo de la C.P.A.O., carte d’identité des Forces armées canadiennes.”

O. Reg. 613/94, s. 13 (6).

14. (1) A person who owns, occupies, operates or maintains a place referred to in subsection 9 (1) of the Act shall post a sign that complies with this section if,

(a) no smoking area has been set aside in the place; and

(b) there are no private areas in which smoking is permitted under subsection 9 (3) of the Act. O. Reg. 613/94, s. 14 (1).

(2) A sign under this section shall be in a form that complies with the description in Schedule 5. O. Reg. 613/94, s. 14 (2).

(3) The sign shall be posted in a conspicuous manner at each entrance to the place. O. Reg. 613/94, s. 14 (3).

15. (1) A person who owns, occupies, operates or maintains a place referred to in sections 6, 10 and 11 and who has set aside a smoking area within that place shall post signs in accordance with this section. O. Reg. 613/94, s. 15 (1).

(2) The person referred to in subsection (1) shall post signs indicating that there are smoking areas in the place in a conspicuous manner at each entrance to the place. O. Reg. 613/94, s. 15 (2).

(3) The sign referred to in subsection (2) shall be in a form that complies with the description in Schedule 6. O. Reg. 613/94, s. 15 (3).

(4) The sign referred to in subsection (2) may be in English or in French. O. Reg. 613/94, s. 15 (4).

(5) A sign referred to in subsection (2) that is in English shall read as follows:

“No smoking except in designated areas.”

O. Reg. 613/94, s. 15 (5).

(6) A sign referred to in subsection (2) that is in French shall read as follows:

“Défense de fumer sauf dans les endroits autorisés.”

O. Reg. 613/94, s. 15 (6).

16. (1) A person who owns, occupies, operates or maintains a place referred to in section 6, 10 or 11 and who has set aside smoking areas within that place shall post a sign in a conspicuous manner in every designated smoking area indicating that smoking is permitted. O. Reg. 613/94, s. 16 (1).

(2) The sign referred to in subsection (1) shall be posted on the wall at a height of 1.8 metres from the floor. O. Reg. 613/94, s. 16 (2).

(3) The sign referred to in subsection (1) shall be in a form that complies with the description in Schedule 7. O. Reg. 613/94, s. 16 (3).

(4) The sign referred to in subsection (1) may be in English or in French. O. Reg. 613/94, s. 16 (4).

(5) The sign referred to in subsection (1) that is in English shall contain the following message:

“You may smoke here.”

O. Reg. 613/94, s. 16 (5).

(6) The sign referred to in subsection (1) that is in French shall contain the following message:

“Vous pouvez fumer ici.”

O. Reg. 613/94, s. 16 (6).

17. (1) A person who owns, occupies, operates or maintains a place referred to in subsection 9 (3) of the Act in which smoking is prohibited only in parts of the place that are open to the public shall post signs in accordance with this section. O. Reg. 613/94, s. 17 (1).

(2) The sign shall indicate that there is no smoking in the place in which it appears. O. Reg. 613/94, s. 17 (2).

(3) The sign shall be in a form that complies with the description in Schedule 5. O. Reg. 613/94, s. 17 (3).

(4) The sign shall be posted in a conspicuous manner and shall not be obstructed from view. O. Reg. 613/94, s. 17 (4).

18. If, before the day this Regulation comes into force, a person described in section 14, 15, 16 or 17 has posted signs in accordance with an applicable municipal by-law, the person is not required to post signs in accordance with this Regulation until such time as the municipal signs are replaced. O. Reg. 613/94, s. 18.

19. (1) Any person who is convicted of a tobacco sales offence under section 15 of the Act and who is subject to a prohibition under section 16 of the Act shall post signs in accordance with this section during the duration of the prohibition. O. Reg. 613/94, s. 19 (1).

(2) The sign shall be posted in the place at every location at which the tobacco was sold or from which it was supplied immediately before the day the prohibition came into effect. O. Reg. 613/94, s. 19 (2).

(3) The sign shall be posted in a conspicuous manner and shall not be obstructed from view. O. Reg. 613/94, s. 19 (3).

(4) The sign shall be in a form that complies with the description in Schedule 8. O. Reg. 613/94, s. 19 (4).

(5) The sign may be in English or in French. O. Reg. 613/94, s. 19 (5).

(6) A sign that is in English shall contain the following message:

“We cannot sell tobacco because we were convicted of tobacco sales offences. Smoking is a major health hazard.”

O. Reg. 613/94, s. 19 (6).

(7) A sign that is in French shall contain the following message:

“Nous ne pouvons vendre de tabac car nous avons été reconnus coupables d’infractions relatives à la vente de tabac. Fumer peut nuire gravement à la santé.

O. Reg. 613/94, s. 19 (7).

20. Omitted (provides for coming into force of provisions of this Regulation). O. Reg. 613/94, s. 20.

SCHEDULE 1
HOSPITALS OR FACILITIES UNDER SUBSECTION 6 (3)

1. A hospital graded, under the Public Hospitals Act, as a Group A, B, C, D, E, F, G, J or R hospital.

2. A private hospital under the Private Hospitals Act that is classified as a medical hospital, a surgical hospital or a maternity hospital or any combination thereof under that Act.

O. Reg. 613/94, Sched. 1; O. Reg. 254/00, s. 2; O. Reg. 323/01, s. 2.

SCHEDULE 2
HOSPITALS OR FACILITIES UNDER SUBSECTION 6 (5)

1. A hospital graded, under the Public Hospitals Act, as a Group H, I or L hospital.

2. A private hospital under the Private Hospitals Act that is classified as a hospital for nervous ailments under that Act.

3. A facility under the Mental Health Act.

4. A facility under the Mental Hospitals Act.

O. Reg. 613/94, Sched. 2; O. Reg. 254/00, s. 3; O. Reg. 323/01, s. 3.

SCHEDULE 3
SIGNS UNDER SECTION 12

1. The sign shall measure 18 x 35 centimetres.

2. The sign shall be in a horizontal format and shall contain two joining panels.

3. The left panel of the sign shall meet the following description:

i. The panel shall measure 18 x 17.5 centimetres and shall be black.

ii. A graphic illustration of a cigarette measuring 8.5 centimetres with a red “X” in 200 point Franklin Heavy type superimposed over the cigarette shall appear centred 2.5 centimetres from the bottom of the sign.

iii. If the sign is in English, the words “Under 19? Forget it.” shall appear, centred, on three lines, above the graphic illustration. The words shall be in upper case letters in white Franklin Heavy type. The word “Under” shall be on the first line in 80 point type; the letter “19” shall be on the second line in 201 point type along with the question mark which shall be in 142 point type; the words “Forget it.” shall be on the third line in 50 point type.

iv. If the sign is in French, the words “Moins de 19 ans? Pas question.” shall appear, centred, on three lines, above the graphic illustration. The words shall be in upper case letters in white Franklin Heavy type. The words “Moins de” shall be on the first line in 66 point type; the letter “19” shall appear on the second line in 140 point type followed by the word “ans?” in 66 point type; the words “Pas question.” shall be on the third line in 44 point type.

4. The right panel of the sign shall meet the following description:

i. The panel shall measure 18 x 17.5 centimetres and shall be in white with a one centimetre black border.

ii. The words “It’s against the law to sell tobacco to anyone under 19 years of age.” shall appear centred on six lines in English, or the words “Il est illégal de vendre du tabac aux moins de 19 ans.” shall appear, centred, on five lines in French. The words shall be in upper case letters, in 45 point black Franklin Heavy type. The words “Smoking is a danger to your health.”, in English, or “Fumer nuit à votre santé.”, in French, shall appear below, centred, on two lines. These words shall be in upper case letters, in 29 point red Franklin Heavy type ink.

O. Reg. 613/94, Sched. 3.

SCHEDULE 4
SIGNS UNDER SECTION 13

1. The sign shall measure 9 x 18 centimetres.

2. The sign shall be in a horizontal or vertical format and shall contain two joining panels.

3. The left panel of the sign in a horizontal format or the upper panel of a sign in a vertical format shall meet the following description:

i. The panel shall measure 9 x 9 centimetres and be black.

ii. A graphic illustration of a cigarette measuring 5.5 centimetres with an “X” in 125 point red Franklin Heavy type superimposed over the cigarette shall appear, centred, one centimetre from the bottom of the panel.

iii. The English words “19? Prove it.” or the French words “19 ans? Prouve-le.” shall appear above the graphic illustration, in upper case and in white Franklin Heavy type.

iv. If the sign is in English, the letter 19 shall appear on the first line in 126 point type followed by the question mark in 89 point type. The words “Prove it.” shall appear on the second line in 33 point type.

v. If the sign is in French, the letter 19 shall appear on the first line in 90 point type followed by the word “ans?” in 50 point type. The words “Prouve-le.” shall appear on the second line in 33 point type.

4. The right panel of the sign in a horizontal format or the lower panel of a sign in a vertical format shall meet the following description:

i. The panel shall measure 9 x 9 centimetres and shall be in white with a black border that is one-half centimetre in thickness.

ii. If the sign is in English, the words “Where age is in question the law says we must ask for I.D. when you ask for tobacco.” shall appear, centred, in upper case letters in 22 point black Franklin Heavy type. At the bottom of the panel, in the left hand corner, the words “Acceptable I.D.: Ontario driver’s licence, Cdn. passport, Cdn. Citizenship card, LLBO Photo card, Cdn. Armed Forces I.D. card.” shall appear in upper case letters in eight point black Franklin Heavy type.

iii. If the sign is in French, the words “S’il y a doute sur ton âge, la loi nous oblige à te demander une pièce d’identité si tu veux du tabac.” shall appear, centred, in upper case in 19 point black Franklin Heavy type. At the bottom of the panel, in the left hand corner, the words “Pièces d’identité acceptées : permis de conduire de l’Ontario, passeport canadien, carte de citoyenneté canadienne, carte photo de la C.P.A.O., carte d’identité des Forces armées canadiennes.” shall appear in upper case letters in six point black Franklin Heavy type.

O. Reg. 613/94, Sched. 4.

SCHEDULE 5
SIGNS UNDER SECTIONS 14 AND 17

1. A sign that is 10 centimetres in diameter shall show an illustration of a black, lit cigarette on a white circle surrounded by a red border of one centimetre in width.

2. A red diagonal stroke of 1 centimetre shall cross over the cigarette from the upper left to the lower right portion of the circle.

O. Reg. 613/94, Sched. 5.

SCHEDULE 6
SIGNS UNDER SECTION 15

1. A sign that is 10 centimetres in diameter shall show an illustration of a black, lit cigarette on a white circle surrounded by a red border of one centimetre in width.

2. A red diagonal stroke of 1 centimetre shall cross over the cigarette from the upper left to the lower right portion of the circle.

3. The words “No smoking except in designated areas.” shall appear in English or the words “Défense de fumer sauf dans les endroits autorisés.” shall appear in French. These words shall be in black and be at least 35 point type.

O. Reg. 613/94, Sched. 6.

SCHEDULE 7
SIGNS UNDER SECTION 16

1. The sign shall show a lit cigarette in black.

2. A black circle that shall be 10 centimetres in diameter and one centimetre in width shall surround the cigarette.

3. The words “You may smoke here.” shall appear in English or the words “Vous pouvez fumer ici.” shall appear in French. These words shall be in black and be at least 40 point type.

O. Reg. 613/94, Sched. 7.

SCHEDULE 8
SIGNS UNDER SECTION 19

1. The sign shall measure 18 x 35 centimetres.

2. The sign shall be in a horizontal format and shall contain two joining panels.

3. The left panel of the sign shall meet the following description:

i. The panel shall measure 18 x 17.5 centimetres and shall be on a black background.

ii. A graphic illustration of a cigarette measuring 12.5 centimetres with a red “X” in 298 point Franklin Heavy type superimposed over the cigarette shall appear centred 5.5 centimetres from the bottom of the sign.

4. The right panel of the sign shall meet the following description:

i. The panel shall measure 18 x 17.5 centimetres and shall be in white with a one centimetre black border.

ii. If the sign is in English, the words “We cannot sell tobacco because we were convicted of tobacco sales offences.” shall appear centred in upper case in 45 point black Franklin Heavy type. Below those words, the words “Smoking is a major health hazard.” shall appear centred in upper case letters in 30 point red Franklin Heavy type. At the bottom of the panel, immediately above the black border, there shall be a space in which the address of the place and the period during which the prohibition is in effect shall be indicated. The words “Store address” and “Prohibition period” shall appear above the space in upper case letters in black 12 point Franklin Heavy type.

iii. If the sign is in French, the words “Nous ne pouvons vendre de tabac car nous avons été reconnus coupables d’infractions relatives à la vente de tabac.” shall appear centred in upper case letters in 29 point black Franklin Heavy type. Below those words, the words “Fumer peut nuire gravement à la santé.” shall appear centred in upper case letters in 29 point red Franklin Heavy type. At the bottom of the panel, immediately above the black border, there shall be a space in which the address of the place and the period during which the prohibition is in effect shall be indicated. The words “Adresse du magasin” and “Période d’interdiction” shall appear above the space in upper case letters in black 12 point Franklin Heavy type.

O. Reg. 613/94, Sched. 8.