ontario regulation 336/15
made under the
Smoke-Free Ontario Act
Made: November 4, 2015
Filed: November 13, 2015
Published on e-Laws: November 13, 2015
Printed in The Ontario Gazette: November 28, 2015
Amending O. Reg. 48/06
(general)
1. Subsection 1 (1) of Ontario Regulation 48/06 is amended by adding the following definition:
“office building” means a building used or occupied, wholly or partly, for office purposes; (“immeuble à bureaux”)
2. The Regulation is amended by adding the following section:
Flavouring agent
1.2 For the purposes of the Act and this Regulation,
“flavouring agent” means one or more artificial or natural ingredients contained in any of the component parts of a tobacco product, as a constituent or an additive, that impart a distinguishing aroma or flavour other than tobacco either before or during the consumption of the tobacco product.
3. Subsection 4 (1) of the Regulation is amended by striking out “Ministry of Health Promotion” in the portion before clause (a) and substituting “Ministry of Health and Long-Term Care”.
4. Paragraph 1 of subsection 6 (3) of the Regulation is amended by striking out “Ministry of Health Promotion” and substituting “Ministry of Health and Long-Term Care”.
5. The French version of paragraph 3 of section 7 of the Regulation is amended by striking out “fonds” and substituting “fond”.
6. (1) Paragraphs 4 and 5 of subsection 8 (1) of the Regulation are revoked and the following substituted:
4. Child care centres within the meaning of the Child Care and Early Years Act, 2014.
5. Places where home child care is provided within the meaning of the Child Care and Early Years Act, 2014, whether or not children are present.
(2) Section 8 of the Regulation is amended by adding the following subsection:
(1.1) The office buildings owned by the Province and identified in Schedule 3 are prescribed places for the purposes of paragraph 10 of subsection 4 (2) of the Act.
7. Sections 10 and 11 of the Regulation are revoked and the following substituted:
Signs at retail
10. (1) For the purposes of section 6 of the Act, a person who sells or offers to sell tobacco at retail shall post an age restriction and health warning sign described in subsection (2) and an identification sign described in subsection (3) at any location where tobacco is sold or supplied in a place where each sign is clearly visible to the person who sells or supplies the tobacco and to the person to whom the tobacco is sold or supplied.
(2) The age restriction and health warning 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 “Tobacco Age Restriction and Health Warning”, dated October 1, 2015 and accessible through www.ontario.ca/smokefree.
(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 “Tobacco Identification”, dated October 1, 2015 and accessible through www.ontario.ca/smokefree.
8. (1) Sections 11.1 and 12 of the Regulation are revoked and the following substituted:
Exempt tobacco products
11.1 (1) Subsection 6.1 (2) of the Act does not apply with respect to the following tobacco products:
1. A flavoured cigar that,
i. weighs more than 1.4 grams but less than 6 grams, excluding the weight of any mouthpiece or tip,
ii. has a wrapper fitted in spiral form,
iii. has no tipping paper, and
iv. contains only a flavouring agent that imparts a flavour or aroma of wine, port, whiskey or rum.
2. A flavoured cigar that,
i. weighs 6 grams or more, excluding the weight of any mouthpiece or tip,
ii. has a wrapper fitted in spiral form, and
iii. has no tipping paper.
3. Flavoured pipe tobacco.
4. A flavoured cigarette that contains only a flavouring agent that imparts a flavour or aroma of clove.
5. A flavoured tobacco product that contains only a flavouring agent that imparts a flavour or aroma of menthol.
(2) A flavoured cigarillo is exempt from the prohibition in subsection 6.1 (1) of the Act if it contains only a flavouring agent that imparts a flavour or aroma of menthol.
Places where smoking prohibited
12. (1) The following are prescribed places for the purposes of paragraph 7 of subsection 9 (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.
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 a smoking area on the grounds, the prescription under subsection (1) does not apply with respect to the smoking 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 a smoking area by one or more signs posted on or around the smoking area;
(c) is otherwise in compliance with any other relevant provision of the Act or this Regulation; and
(d) has not been designated as an area where the use of electronic cigarettes is permitted under Ontario Regulation 337/15 (General) made under the Electronic Cigarettes Act, 2015.
(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.
(2) Paragraphs 4 and 5 of subsection 11.1 (1) and subsection 11.1 (2) of the Regulation, as made by subsection (1), are revoked.
(3) Subsections 12 (2) and (3) of the Regulation, as made by subsection (1), are revoked.
9. (1) The French version of subsection 15 (1) of the Regulation is revoked and the following substituted:
Obligations de l’employeur
(1) Pour l’application de l’alinéa 9 (3) c) et de l’article 10 de la Loi, l’employeur pose l’affiche visée au paragraphe (2) à chaque entrée et à chaque sortie du lieu de travail clos ou de l’autre endroit clos à des emplacements appropriés et en nombre suffisant de sorte que les employés et le public sachent qu’il est interdit d’y fumer.
(2) Subsection 15 (2) of the Regulation is revoked and the following substituted:
(2) The sign referred to in subsection (1) shall,
(a) be at least 10 centimetres in height and at least 10 centimetres in width;
(b) have a graphic of the international no smoking symbol with a white background; and
(c) have the Trillium and Smoke-Free Ontario logos shown on the sign entitled “Tobacco Sign for Employers and Proprietors”, dated October 1, 2015 and accessible through www.ontario.ca/smokefree.
(3) Section 15 of the Regulation is amended by adding the following subsection:
(4) For the purposes of clause 9 (3) (f) of the Act, an employer shall ensure that any smoking area referred to in subsection 12 (2) of this Regulation over which he or she exercises control complies with the requirements in that subsection.
(4) Subsection 15 (4) of the Regulation, as made by subsection (3), is revoked.
10. Section 16 of the Regulation is revoked and the following substituted:
Procedure for employees
16. For the purposes of subsection 9 (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 9 (4) of the Act has been contravened.
11. (1) The French version of subsection 17 (1) of the Regulation is revoked and the following substituted:
Obligations du propriétaire
(1) Pour l’application de l’alinéa 9 (6) c) et de l’article 10 de la Loi, le propriétaire pose l’affiche visée au paragraphe (2) à chaque entrée et à chaque sortie du lieu public clos ou de l’autre endroit clos à des emplacements appropriés et en nombre suffisant de sorte que le public sache qu’il est interdit d’y fumer.
(2) Subsection 17 (2) of the Regulation is revoked and the following substituted:
(2) The sign referred to in subsection (1) shall,
(a) be at least 10 centimetres in height and at least 10 centimetres in width;
(b) have a graphic of the international no smoking symbol with a white background; and
(c) have the Trillium and Smoke-Free Ontario logos shown on the sign entitled “Tobacco Sign for Employers and Proprietors”, dated October 1, 2015 and accessible through www.ontario.ca/smokefree.
(3) Section 17 of the Regulation is amended by adding the following subsection:
(4) For the purposes of clause 9 (6) (f) of the Act, a proprietor shall ensure that any smoking area referred to in subsection 12 (2) of this Regulation over which he or she exercises control complies with the requirements in that subsection.
(4) Subsection 17 (4) of the Regulation, as made by subsection (3), is revoked.
12. Subsection 18 (4) of the Regulation is revoked and the following substituted:
(4) The first sign referred to in subsection (3) shall meet the following requirements:
1. The sign shall be 10 centimetres in height and 10 centimetres in width.
2. The sign shall be a copy of the sign entitled “Controlled Smoking Areas (CSAs) in Residential Care Facilities, Designated Veterans’ Facilities and Psychiatric Facilities”, dated October 1, 2015 and accessible through www.ontario.ca/smokefree.
13. Subsection 22 (2) of the Regulation is revoked and the following substituted:
(2) The sign referred to in subsection (1) shall,
(a) be at least 10 centimetres in height and at least 10 centimetres in width;
(b) have a graphic of the international no smoking symbol with a white background; and
(c) have the Trillium and Smoke-Free Ontario logos shown on the sign entitled “Tobacco Sign for Hotels, Motels and Inns”, dated October 1, 2015 and accessible through www.ontario.ca/smokefree.
14. Section 25 of the Regulation is revoked and the following substituted:
Signs, automatic prohibition
25. For the purposes of section 18 of the Act, the owner or occupier of a place that is subject to a prohibition under section 16 of the Act shall ensure that signs are posted at the entrance to that place and at every location where tobacco was sold or supplied immediately before the day the prohibition came into effect, in accordance with the following:
1. If the prohibition was imposed because of a contravention of subsection 3 (1) or (2) of the Act, the signs shall meet the following requirements:
i. The signs shall be 18 centimetres in height and 35 centimetres in width.
ii. The signs shall be copies of the sign entitled “Automatic Prohibition Caused by Tobacco Sales to Minors”, dated October 1, 2015 and accessible through www.ontario.ca/smokefree.
2. Otherwise, the signs shall meet the following requirements:
i. The signs shall be 18 centimetres in height and 35 centimetres in width.
ii. The signs shall be copies of the sign entitled “Automatic Prohibition Caused by Other Tobacco Sales Offences”, dated October 1, 2015 and accessible through www.ontario.ca/smokefree.
15. The Regulation is amended by adding the following Schedule:
Schedule 3
PROVINCE of ontario OFFICE buildings
(Sections 8 and 12)
1. The office building located at 108 Saturn Avenue in Atikokan.
2. The office building located at 50 Bloomington Road West in Aurora.
3. The office building located at 50 Monck Street in Bancroft.
4. The office buildings located at 106 Monck Street in Bancroft.
5. The office building located at 62 Queen Street in Blind River.
6. The office building located at 1350 High Falls Road in Bracebridge.
7. The office building located at 1809 Oxford Street in Brockville.
8. The office buildings located at 190 Cherry Street in Chapleau.
9. The office building located at 870 Richmond Street in Chatham.
10. The office building located at 100 Don Street in Clinton.
11. The office buildings located at 2 Third Avenue in Cochrane.
12. The office building located at 479 Government Street in Dryden.
13. The office building located at 50 Hillside Drive North in Elliot Lake.
14. The office building located at 148 Fleming Street in Espanola.
15. The office building located at 208 Beamish Avenue in Geraldton.
16. The office building located at 5 Low Avenue in Gogama.
17. The office building located at 1 Stone Road West in Guelph.
18. The office building located at 119 King Street West in Hamilton.
19. The office building located at 613 Front Street in Hearst.
20. The office building located at 207 Main Street West in Huntsville.
21. The office building located at Hwy 17 and Hwy 599 in Ignace.
22. The office building located at 122 Government Road in Kapuskasing.
23. The office building located at 808 Robertson Street in Kenora.
24. The office building located at 810 Robertson Street in Kenora.
25. The office building located at 322 Kent Street West in Lindsay.
26. The office building located at 659 Exeter Road in London.
27. The office building located at 667 Exeter Road in London.
28. The office building located at 900 Highbury Avenue in London.
29. The office buildings located at 2284 Nursery Road in Midhurst.
30. The office building located at 5 Wadsworth Drive in Nipigon.
31. The office building located at 200 First Avenue West in North Bay.
32. The office building located at 447 McKeown Avenue in North Bay.
33. The office building located at 3301 Trout Lake Road in North Bay.
34. The office building located at 25 Morton Shulman Avenue in North York.
35. The office buildings located at 1201 Wilson Avenue in North York.
36. The office building located at 777 Memorial Avenue in Orillia.
37. The office building located at 33 King Street West in Oshawa.
38. The office buildings located at 1450 Seventh Avenue East in Owen Sound.
39. The office building located at 31 Riverside Drive in Pembroke.
40. The office building located at 300 Water Street in Peterborough.
41. The office building located at 227 Howey Street in Red Lake.
42. The office building located at 64 Church Street in Sault Ste. Marie.
43. The office building located at 70 Foster Drive in Sault Ste. Marie.
44. The office building located at 49 Prince Street in Sioux Lookout.
45. The office building located at 301 St. Paul Street in St. Catharines.
46. The office building located at 159 Cedar Street in Sudbury.
47. The office buildings located at 3767 Hwy 69 South in Sudbury.
48. The office building located at 1004 Hwy 17 in Terrace Bay.
49. The office building located at 421 James Street South in Thunder Bay.
50. The office building located at 435 James Street South in Thunder Bay.
51. The office building located at 615 James Street South in Thunder Bay.
52. The office building located at 189 Red River Road in Thunder Bay.
53. The office buildings located at 900 Bay Street in Toronto.
54. The office building located at 77 Grenville Street in Toronto.
55. The office building located at 25 Grosvenor Street in Toronto.
56. The office building located at 80 Grosvenor Street in Toronto.
57. The office building located at 95 Grosvenor Street in Toronto.
58. The office building located at 222 Jarvis Street in Toronto.
59. The office building located at 7 Queen’s Park Crescent in Toronto.
60. The office building located at 135 St. Clair Avenue West in Toronto.
61. The office building located at 77 Wellesley Street West in Toronto.
62. The office building located at 99 Wellesley Street West in Toronto.
63. The office buildings located at 126 Old Troy Road in Tweed.
64. The office building located at 48 Mission Road in Wawa.
Commencement
16. (1) Subject to subsections (2) to (4), this Regulation comes into force on the day it is filed.
(2) Sections 1 and 2, subsections 6 (2), 8 (1), 9 (3) and 11 (3) and section 15 come into force on the later of the day section 3 of Schedule 2 to the Making Healthier Choices Act, 2015 comes into force and the day this Regulation is filed.
(3) Subsection 8 (2) comes into force on January 1, 2017.
(4) Subsections 8 (3), 9 (4) and 11 (4) come into force on January 1, 2018.